Skip to main content

Part of the book series: Law and Philosophy Library ((LAPS,volume 119))

Abstract

Nowadays, we are witnessing an acceleration of the debate on animal legal rights. The discussion has its legislative counterpart: a growing number of states have passed legislation widening animal legal rights or even granting them personhood. In comparison, the debate on artificial agents’ personhood is only theoretical, although some legislation recognizes the problem of autonomous artificial agents.

One may argue that, because of the respective strengths of the arguments made, animals win their legal rights and machines don’t. Arguments for animal rights are simply more convincing and better grounded in this hitherto ethical debate. And I fully concur: although philosophical arguments for artificial agents’ personhood exist, machines sufficiently intelligent to be personified artificial agents do not.

However, I will argue that artificial agents (e.g., computer programs) will nevertheless become commonly recognized as new non-human subjects faster than animals do. I will argue that this will not be the consequence of a sudden, revelatory acceptance of infocentric ethics, but rather the result of a strict anthropocentric efficiency calculation. Beside philosophical arguments, I will try to show the most probable scenario for personification of artificial agents.

From the perspective of infocentrism, ethics may best be seen as having a cognitive or informational core that, combined with an assumption that mind and intelligence can be defined and replicated as computational systems, results in the conclusion that what matters for ethics is information processes, despite their “natural” or “artificial” origin. This perspective is often contrasted with biocentric and ecocentric ethics. Nevertheless, I will argue that proponents of biocentrism and ecocentrism should endorse granting personhood to artificial agents. I will try to show that this expansion of the circle of entities treated by law as subjects instead of objects, although derived from an anthropocentric point of view, may have a positive impact on advocacy for the rights of animals or even, as proposed by “deep green” ethicists, of non-animated parts of the environment.

Animals will lose the race for personhood against the machines. But this machine victory will not be the animals’ defeat. To the contrary: it might be beneficial for all living entities.

The writing of this paper was supported by the Polish National Science Centre (research project No 2014/15/N/HS5/01861, PRELUDIUM 8).

This is a preview of subscription content, log in via an institution to check access.

Access this chapter

Chapter
USD 29.95
Price excludes VAT (USA)
  • Available as PDF
  • Read on any device
  • Instant download
  • Own it forever
eBook
USD 149.00
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book
USD 199.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info
Hardcover Book
USD 199.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Purchases are for personal use only

Institutional subscriptions

Notes

  1. 1.

    The term is coined in a similar manner to “green ethics.” It refers to a chemical element used as fundamental building block for a majority of modern microprocessors.

  2. 2.

    In the literature, some question whether the creation of intelligent entities that are programmed not to feel is possible e.g., the being-in-the-world argument made by H. Dreyfus (2007), and, if it is possible, whether is it ethically admissible.

  3. 3.

    Peculium is “the property held by a person (as a wife, child, slave) under the potestas, manus, or mancipium of another as his own private property either by the permission of the paterfamilias or master or by the rules of law but becoming with certain exceptions the property of the paterfamilas or master at his pleasure.” (Merriam-Webster 2003).

References

Download references

Author information

Authors and Affiliations

Authors

Corresponding author

Correspondence to Rafał Michalczak .

Editor information

Editors and Affiliations

Rights and permissions

Reprints and permissions

Copyright information

© 2017 Springer International Publishing AG

About this chapter

Cite this chapter

Michalczak, R. (2017). Animals’ Race Against the Machines. In: Kurki, V., Pietrzykowski, T. (eds) Legal Personhood: Animals, Artificial Intelligence and the Unborn. Law and Philosophy Library, vol 119. Springer, Cham. https://doi.org/10.1007/978-3-319-53462-6_6

Download citation

  • DOI: https://doi.org/10.1007/978-3-319-53462-6_6

  • Published:

  • Publisher Name: Springer, Cham

  • Print ISBN: 978-3-319-53461-9

  • Online ISBN: 978-3-319-53462-6

  • eBook Packages: Law and CriminologyLaw and Criminology (R0)

Publish with us

Policies and ethics