Librería Portfolio

The first book to develop standards for the criminal liability of artificial intelligence technologies


The growing use of artificial intelligence (AI) software and robots in the commercial, industrial, military, medical, and personal spheres has triggered a broad conversation about human relationships with these entities. There is a deep and common concern in modern society about AI technology and the ability of existing social and legal arrangements to cope with it. What are the legal ramifications if an AI software program or robotic entity causes harm? Although AI and robotics are making their way into everyday modern life, there is little comprehensive analysis about assessing liability for robots, machines, or software that exercise varying degrees of autonomy.

Gabriel Hallevy develops a general and legally sophisticated theory of the criminal liability for AI and robotics that covers the manufacturer, programmer, user, and all other entities involved. Identifying and selecting analogous principles from existing criminal law, Hallevy proposes specific ways of thinking through criminal liability for a diverse array of autonomous technologies in a diverse set of circumstances.



Contents

 Preface
 THE EMERGENCE OF MACHINA SAPIENS CRIMINALIS
 The Endless Quest for Machina Sapiens
 History and Prehistory of Artificial Intelligence
 Defining Artificial Intelligence, and the Endlessness of the Quest for Machina Sapiens
 Turning Disadvantages into Advantages: Industrial and Private Use of Artificial Intelligence
 On Evolution and Devolution: Machina Sapiens Criminalis
 Serve and Protect: Human Fears of Human-Robot Coexistence
 Evolution and Devolution: Machina Sapiens Criminalis as a By-product
 Inapplicability of the Zoological Legal Model to AI Technology
 The Modern Offender
 Basic Requirements for a Given Offense
 Requirements of a Given Offense: Modern Criminal Liability as a Matrix of Minimalism
 The Case of Nonhuman Corporations (Round 1)
 AI CRIMINAL LIABILITY FOR INTENTIONAL OFFENSES
 The Factual Element Requirement
 Conduct
 Circumstances
 Results and Causal Connection
 The Mental Element Requirement
 Structure of the Mens Rea Requirement
 Fulfillment of the Cognitive Aspect
 Fulfillment of the Volitive Aspect
 Criminally Liable Entities for Intentional AI Offenses
 AI Entity Liability
 Human Liability: Perpetration-through-Another
 Joint Human and AI Entity Liability: Probable Consequence Liability
 Closing the Opening Example: Intentional Killing Robot
 AI CRIMINAL LIABILITY FOR NEGLIGENCE OFFENSES
 The Factual Element Requirement
 The Mental Element Requirement
 Structure of Negligence Requirement
 Fulfillment of the Negligence Requirement: Is Objectivity Subjective?
 Criminally Liable Entities for AI Negligence Offenses
 AI Entity Liability
 Human Liability: Perpetration-through-Another and Semi-Innocent Agents
 Joint Human and AI Entity Liability: Probable Consequence Liability
 Closing the Opening Example: Negligent Killing Robot
 AI CRIMINAL LIABILITY FOR STRICT LIABILITY OFFENSES
 The Factual Element Requirement
 The Mental Element Requirement
 Structure of Strict Liability Requirement
 Fulfillment of Strict Liability: Making the Factual Become Mental
 Criminally Liable Entities for AI Strict Liability Offenses
 AI Entity Liability
 Human Liability: Perpetration-through-Another
 Joint Human and AI Entity Liability: Probable Consequence Liability
 Closing the Opening Example: Strict Liable Killing Robot
 APPLICABILITY OF GENERAL DEFENSES TO AI CRIMINAL LIABILITY
 The Function of General Defenses in Criminal Law
 Exemptions
 Infancy
 Loss of Self-Control
 Insanity
 Intoxication
 Factual Mistake
 Legal Mistake
 Substantive Immunity
 Justifications
 Self-Defense
 Necessity
 Duress
 Superior Orders
 De Minimis
 Closing the Opening Example: Robot Killing in Self-Defense
 SENTENCING AI
 Conceptual Applicability of Criminal Punishment of AI Entities
 AI Purpose of Sentencing: Combining Rehabilitation and Incapacitation
 The Legal Technique of Conversion: The Case of Corporations (Round 2)
 Applicability of Punishments to AI Entities
 Capital Punishment
 Imprisonment and Suspended Imprisonment
 Probation
 Public Service
 Fine
 Closing the Opening Example: Sentencing the Killing Robot
 Conclusions
 Notes
 Selected Bibliography
 Index