Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 4 of 4

Full-Text Articles in Law

Eccentric Positionally As A Precondition For The Criminal Liability For Artificial Life Forms, Mireille Hildebrandt Jan 2014

Eccentric Positionally As A Precondition For The Criminal Liability For Artificial Life Forms, Mireille Hildebrandt

Mireille Hildebrandt

This contribution explores Plessner’s distinction between animal centricity and human eccentricity as “a difference that makes a difference” for the attribution of criminal liability to artificial life forms (ALFs). Building on the work of Steels and Bourgine & Varela on artificial life and Matura & Varela’s notion of autopoiesis I will reason that even if ALFs are autonomous in the sense even of having the capacity to rewrite their own program, this in itself is not enough to understand them as autonomous in the sense of instantiating an eccentric position that allows for reflection on their actions as their own …


Bridging The Accountability Gap: Rights For New Entities In The Information Society?, Mireille Hildebrandt, Bert-Jaap Koops, David-Olivier Jaquet-Chiffelle Jan 2010

Bridging The Accountability Gap: Rights For New Entities In The Information Society?, Mireille Hildebrandt, Bert-Jaap Koops, David-Olivier Jaquet-Chiffelle

Mireille Hildebrandt

New entities in the information society that operate at increasing distance from the physical persons ‘behind’ them, such as pseudonyms, avatars, software agents, and robots, challenge the law. One way of addressing this challenge is to attribute legal rights and/or duties in some contexts to non-humans, thus creating entities that are addressable in law themselves rather than the persons ‘behind’ them. In this article, we review existing literature on rights for non-humans, with a particular focus on emerging entities in the information society. We discuss three strategies for the law to deal with the challenge of these new entities: interpreting …


Selves And Things. Dubravna Ugresic And Profiling Technologies, Mireille Hildebrandt Jan 2009

Selves And Things. Dubravna Ugresic And Profiling Technologies, Mireille Hildebrandt

Mireille Hildebrandt

In her humourous and painfull descriptions of the lives of (former) Yugoslavians, Dubravna Ugresic keenly demonstrates the intimate connection between humans and things. Like Paul Auster in The invention of solitude, she traces the unexpected workings of our 'capricious' memory (MUS:77) and its attachment to things that take us back to other times or other places (watches, houses, photographs, bridges). Written from the perspective of an exile her the Museum of Unconditional Surrender exhibits the nomadic sense of belonging that is evoked by things that may seem trivial from an 'objective' perspective. The experience of the destruction of the most …


Legal And Technological Normativity: More (And Less) Than Twin Sisters, Mireille Hildebrandt Jan 2008

Legal And Technological Normativity: More (And Less) Than Twin Sisters, Mireille Hildebrandt

Mireille Hildebrandt

Within science technology and society studies the focus has long been on descriptive micro-analyses. Several authors have raised the issue of the normative implications of the findings of research into socio-technical devices and infrastructures, while some claim that material artifacts have moral significance or should even be regarded as moral actors. In this contribution the normative impact of technologies is investigated and compared with the normative impact of legal norms, arguing that a generic concept of normativity is needed that does not depend on the intention of whoever designed either a law or a technology. Furthermore this contribution develops the …