Category Archives: Deontology and Moral Responsibility

Smith and Neznamov, ‘It’s Not the Robot’s Fault! Russian and American Perspectives on Responsibility for Robot Harms’

ABSTRACT As automated vehicles, personal robots, and other cyberphysical systems enter our world, law must confront important questions about civil liability for harms caused by these systems. Two legal scholars – one from Russia and one from the United States – come together to tackle these questions with an integrated approach that draws on the […]

Wilthagen and Schoots, ‘Building TrusTee: The World’s Most Trusted Robot’

ABSTRACT This essay explores the requirements for building trustworthy robots and artificial intelligence by drawing from various scientific disciplines and taking human values as the starting-point. It also presents a research and impact agenda. Wilthagen, Ton and Schoots, Marieke, Building TrusTee: The World’s Most Trusted Robot (November 14, 2019).

Tim Murphy, ‘Natural Law and Natural Justice: A Thomistic Perspective’

ABSTRACT This chapter offers Thomistic accounts of natural law and natural justice that differ in important respects from other accounts often associated with Aquinas. The discussion begins by considering Aristotle’s taxonomy of justice in the Nicomachean Ethics and adopted by Aquinas in the Summa Theologiae. This view of justice does not emphasise rules or norms […]

Law and Philosophy Special Issue: Seana Shiffrin’s ‘Speech Matters’

INTRODUCTION … Kate Greasley and Christopher Mills discuss Shiffrin’s account of lying and deception in Chapter One of Speech Matters. Prince Saprai explores the account of duress offered in Chapter Two. Eric Barendt critically discusses the thinker-based approach (Chapter Three) and situates it within broader debates in free speech theory. Leslie Kendrick engages with Shiffrin’s […]

‘Legal Theory Lexicon: Virtue Jurisprudence’

“Law students with a background in philosophy are sure to notice the strong influence of moral philosophy on legal thinking. Theories like Kant’s moral philosophy have had a profound influence on the idea of fairness and on the conception of rights that is at the heart of deontological legal theory. Utilitarianism and the law reform […]

Gerhard Wagner, ‘Robot, Inc: Personhood for Autonomous Systems?’

ABSTRACT Since the invention of the steam engine, technological progress has served as a driver of innovation for liability systems. Pertinent examples include the arrival of the railway and the introduction of motor-powered vehicles. Today, the digital revolution challenges established legal axioms more fundamentally than technological innovations from earlier times. The development of robots and […]

Iria Giuffrida, ‘Liability for AI Decision-Making: Some Legal and Ethical Considerations’

ABSTRACT The creation and commercialization of these systems raise the question of how liability risks will play out in real life. However, as technical advancements have outpaced legal actions, it is unclear how the law will treat AI systems. This Article briefly addresses the legal ramifications and liability risks associated with reliance on – or […]

Giovanni Tuzet, ‘Calabresi and Mill’

ABSTRACT The paper asks four questions: (1) Is the bilateralism of law and economics praised by Calabresi a form of ‘reflective equilibrium’? (2) Is Mill’s harm principle compatible with ‘third-party moral costs’? (3) How are we to distinguish the moral externalities that are to be given weight from those that are not? (4) How are […]

‘Why Reparation?’

Sandy Steel, Compensation and Continuity, Oxford Legal Studies Research Paper (July 20, 2019), available at SSRN. ‘Wrongdoers may incur duties to compensate the victims of their wrongs.’ This, the opening sentence of Sandy Steel’s Compensation and Continuity, sounds like a truism. Who would deny it? It’s hard to imagine the defendant in a normal tort […]

Michael Foran, ‘Discrimination as an Individual Wrong’

ABSTRACT This article argues that anti-discrimination rights are individual rights to be free from wrongful treatment and do not directly advance group-based interests or prohibit group-based harm. In light of this, a number of recurring accounts of the wrong of discrimination, particularly the wrong of indirect discrimination, are unsustainable. Claims that indirect discrimination is concerned […]