Book contents
- Frontmatter
- Dedication
- Contents
- Contributors
- Foreword
- Acknowledgments
- Table of Cases
- Table of Statutes
- Table of Council of Europe Instruments
- Table of Other Council of Europe Materials
- Table of European Union Instruments
- Table of Other European Union Materials
- Table of Other Materials
- Abbreviations
- Introduction
- Part I Human–Robot Interactions and Substantive Law
- 1 The Challenges of Human–Robot Interaction for Substantive Criminal Law
- 2 Are Programmers in or out of Control?
- 3 Trusting Robots
- 4 Forms of Robot Liability
- Part II Human–Robot Interactions and Procedural Law
- Part III Human–Robot Interactions and Legal Narrative
- Index
2 - Are Programmers in or out of Control?
The Individual Criminal Responsibility of Programmers of Autonomous Weapons and Self-Driving Cars
from Part I - Human–Robot Interactions and Substantive Law
Published online by Cambridge University Press: 03 October 2024
- Frontmatter
- Dedication
- Contents
- Contributors
- Foreword
- Acknowledgments
- Table of Cases
- Table of Statutes
- Table of Council of Europe Instruments
- Table of Other Council of Europe Materials
- Table of European Union Instruments
- Table of Other European Union Materials
- Table of Other Materials
- Abbreviations
- Introduction
- Part I Human–Robot Interactions and Substantive Law
- 1 The Challenges of Human–Robot Interaction for Substantive Criminal Law
- 2 Are Programmers in or out of Control?
- 3 Trusting Robots
- 4 Forms of Robot Liability
- Part II Human–Robot Interactions and Procedural Law
- Part III Human–Robot Interactions and Legal Narrative
- Index
Summary
This chapter seeks to clarify the criminal responsibility that may be imputable to: (i) programmers of autonomous vehicles for related crimes under national criminal law such as manslaughter and negligent homicide and (ii) programmers of autonomous weapons for related crimes under international criminal law, such as war crimes. The key question is whether programmers could satisfy the actus reus element required for establishing criminal responsibility. The core challenge in answering this question is establishing a causal link between programmers’ conduct and crimes related to autonomous vehicles and autonomous weapons. The chapter proposes responsibility for inherent foreseeable risks associated with the use of AVs and AWs on the basis of programmers’ alleged control of the behavior and/or effects of the autonomous vehicles and autonomous weapons. Establishing the exercise of meaningful human control by programmers over autonomous vehicles and autonomous weapons is crucial to the process of imputing criminal responsibility and bridging a responsibility gap.
- Type
- Chapter
- Information
- Human–Robot Interaction in Law and Its NarrativesLegal Blame, Procedure, and Criminal Law, pp. 23 - 48Publisher: Cambridge University PressPrint publication year: 2024
- Creative Commons
- This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/cclicenses/