LEGAL STATUS OF AUTONOMOUS ROBOTS Cover Image

PRAVNI STATUS AUTONOMNIH ROBOTA
LEGAL STATUS OF AUTONOMOUS ROBOTS

Author(s): Bosiljka Čubrilović
Subject(s): Law, Constitution, Jurisprudence, ICT Information and Communications Technologies
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: the legal status of autonomous robots; legal capacity; liability for damages; electronic person; mechatronic machine;

Summary/Abstract: The modern interpretation of the word robot implies that electromechanical machines are capable of performing certain tasks, autonomously or under human control. So a robot is a machine. Machine, by their nature, is a thing, a thing is a material part of nature, which is in human pretension, and to which it is possible to base the property right or some other real right. So, based on these analogs, we can say that they are robotic things. This interpretation isn’t supported by the fact that today’s robots, androids, have the autonomy that can be defined as the ability for a robot to make decisions and to execute them in the real world, independent of external control and influence. Given the certain level of autonomy of intelligent robots, the question arises as to their nature in the light of existing legal categories - whether they should be considered as natural persons, legal entities, animals, things - or a new category should be created, with all the specifics and implications related to the recognition of rights and obligations, including the ability to cause and respond to damage. In this paper, the author tries to explore the boundaries of the (future) legislative framework relating to the legal status of autonomous robots, that is, the question of the legal position of robots in the civil law system. In modern law, there is a tendency for legal orders to recognize a certain level of legal subjectivity for certain entities, such as animals and the environment, but it is still questionable that such or similar status can be recognized by (autonomous) robots. It is indisputable that, on the one hand, there is a legal and ethical dilemma about recognizing the legal status of robots, while on the other, it is evident that robots are increasingly involved in our daily lives. In researching this topic, the author took note of the provisions of the European Parliament resolution of 16 February2017 with recommendations to the Commission on Civil Law Rules on Robotics(2015/2103(INL)), which, inter alia, open the possibility of granting robot status as “ electronic person” to take responsibility for the damage.

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