Past Imperfect: Ancient Legal Codes and Future Transbeman Law – Precedents, Problems & Paradoxes Prof. Sam Lehman-Wilzig Chairman, Dept. of Political Studies Bar-Ilan University, ISRAEL
The Past as Mirror of the Future n High level of social differentiation n Gradual, rights historical struggle for fuller
FRANKENSTEIN UNBOUND: Towards a Legal Definition of Artificial Intelligence Futures, December 1981, pp. 442 -457
Legal Categories in the past for “sub-humans” Animals: Consciousness without volition n Slaves: Limited autonomy (e. g. no criminal liability for the Master if no complicity in a slave doing harm ) – in Jewish, Roman & American Law. n Diminished Capacity (English Common Law): Mentally Deficient (e. g. retarded) or Mentally Diseased (temporarily disabled). n
Legal Categories in the Past for “Sub-Humans” n Minors: High Native Intelligence, Low Decision-Making Ability (grades of moral responsibility) n Servant/Agent: Limited Civil Autonomy Servant/Agent Despite Full Legal Independence
Contemporary Trends: Spanish Draft Law (special rights for Great Apes) “evolutionary and genetic similarities between humans and great apes…” n Prof. Peter Singer: Animal Liberation n Great Ape Project n Major Precedent: 1 - Basic Human Rights granted to Non-Humans 2 - Top-to-bottom approach (e. g. Deep Greens) and not bottom-to-top as in the
Contemporary Trends: Organic Computing & Kurzweil Interface n Undermining “non-biological body” argument against robot rights n Blurring the lines between organic and inorganic intelligence
Conclusion: Paradox, Problem & Preferred Policy “when the gods wish to punish us, they answer our prayers” (Oscar Wilde, An Ideal Husband, 1893)
DANGER! various legal categories of non-human and then sub-human subjects n principle granting special rights to Super-bemans n Transbeman Law could well be a twoedged sword n
‘Tis the sport to have the enginer Hoist with his own petard’ (Hamlet, Act 3, Scene 4)
2 Philosophies of Legal Development 1. 2. Jewish & Anglo-Saxon: Law emanates from common social practice. Rome & Modern Continental Europe: Law is issued by the Ruler/Ruling Class to the masses. The Common Law Approach (#1) is the Most Appropriate for the Transbeman Phenomenon
(Hopefully NOT) The End
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