Killing by Autonomous Vehicles and the Legal Doctrine of Necessity
How should autonomous vehicles (aka self-driving cars) be programmed to behave in the event of an unavoidable accident in which the only choice open is one between causing different damages or losses to different objects or persons? This paper addresses this ethical question starting from the normat...
| Published in: | Ethical theory and moral practice |
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| Main Author: | |
| Contributors: | |
| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Springer Science + Business Media B. V
[2017]
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| In: |
Ethical theory and moral practice
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| RelBib Classification: | NCA Ethics NCJ Ethics of science VA Philosophy XA Law |
| Further subjects: | B
Robot ethics
B Ethics of self-driving cars B Trolley Problem B Ethics of autonomous vehicles B Legal doctrine of necessity |
| Online Access: |
Presumably Free Access Volltext (Verlag) Volltext (doi) |
| Summary: | How should autonomous vehicles (aka self-driving cars) be programmed to behave in the event of an unavoidable accident in which the only choice open is one between causing different damages or losses to different objects or persons? This paper addresses this ethical question starting from the normative principles elaborated in the law to regulate difficult choices in other emergency scenarios. In particular, the paper offers a rational reconstruction of some major principles and norms embedded in the Anglo-American jurisprudence and case law on the doctrine of necessity; and assesses which, if any, of these principles and norms can be utilized to find reasonable guidelines for solving the ethical issue of the regulation of the programming of autonomous vehicles in emergency situations. The paper covers the following topics: the distinction between justification and excuse, the legal prohibition of intentional killing outside self-defence, the incommensurability of goods, and the legal constrains to the use of lethal force set by normative positions: obligations, responsibility, rights, and authority. For each of these principles and constrains the possible application to the programming of autonomous vehicles is discussed. Based on the analysis, some practical suggestions are offered. |
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| ISSN: | 1572-8447 |
| Reference: | Kritik in "Legal Necessity, Pareto Efficiency & Justified Killing in Autonomous Vehicle Collisions (2018)"
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| Contains: | Enthalten in: Ethical theory and moral practice
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| Persistent identifiers: | DOI: 10.1007/s10677-017-9780-7 |