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Autonomous Organizations [Pehme köide]

3.50/5 (4 hinnangut Goodreads-ist)
(Florida State University)
  • Formaat: Paperback / softback, 190 pages, kõrgus x laius x paksus: 230x151x10 mm, kaal: 300 g, Worked examples or Exercises
  • Ilmumisaeg: 14-Oct-2021
  • Kirjastus: Cambridge University Press
  • ISBN-10: 1108813852
  • ISBN-13: 9781108813853
Teised raamatud teemal:
Autonomous OrganizationsSuurem pilt
  • Formaat: Paperback / softback, 190 pages, kõrgus x laius x paksus: 230x151x10 mm, kaal: 300 g, Worked examples or Exercises
  • Ilmumisaeg: 14-Oct-2021
  • Kirjastus: Cambridge University Press
  • ISBN-10: 1108813852
  • ISBN-13: 9781108813853
Teised raamatud teemal:
Püsilink: https://www.kriso.ee/db/9781108813853.html
Märksõnad:
Written by a legal theorist with a background in computer technology, this book shows how existing law in the US can enable software to gain the capabilities of “legal persons.” Bayern argues that this capability is not as scary as it appears and that it has several potential positive benefits.

Under current business law, it is already possible to give legal personhood, or a very close surrogate of it, to software systems of any kind (from a simple automated escrow agent to a more hypothetical, truly smart artificial intelligence). This means that, for example, robots could enter into contracts, serve as legal agents, or own property. Ultimately, entire companies could actually be run by non-human agents. This study argues that this is not as scary as it might sound at first. Legal theorist and noted software developer Shawn Bayern argues that autonomous or zero-person organizations offer an opportunity for useful new types of interactions between software and the law. This creative contribution to the theory and practice of law and technology explores the social and political aspects of these new organizational structures and their implications for legal theory.

Arvustused

'Autonomous Organizations is a testimony to the versatility and innovation of private law. A true masterpiece, pragmatic and down-to-earth in style, it firmly installs Shawn Bayern at the forefront of twenty-first century legal thinking. A must read not just for corporate lawyers, but for anyone interested in modern legal practice.' Thomas Burri, Professor of International Law and European Law, University of St. Gallen, Switzerland 'Shawn Bayern's Autonomous Organizations, focuses on explaining how current law actually applies to systems that are becoming more and more autonomous and artificially intelligent. In the book, he provides a rich, thoughtful, and careful analysis of the topic; thus, the book is highly relevant to practitioners and academics. I highly recommend the book.' Woodrow Barfield, Professor, Engineering and Law

Muu info

Bayern sets out the legal, social, and political implications of software programs gaining legal personhood.
Preface xi
Acknowledgments xvi
Table of Significant Codes, Restatements, and Statutes
xviii
1 Why Autonomous Organizations?
1(17)
1.1 Even if Software Can Buy a House, Why Would It Want To?
4(5)
1.2 Algorithms in Conventional Legal Context
9(2)
1.3 Modern Approaches to Software "Rights"
11(3)
1.4 A Comment on "Rights" and "Personhood"
14(1)
1.5 Layout of the Book
15(3)
2 The Legal Role of Algorithms
18(28)
2.1 Algorithm As Agreement
21(6)
2.2 Algorithms As a Comprehensive Basis for Contract Formation
27(7)
2.3 Dynamic Agreements
34(1)
2.4 The Unsuitability of Agency Law for Software
35(11)
2.4.1 The Ambiguities of Agency Law As Applied to Algorithmic Agents
37(3)
2.4.2 The Ambiguous Principals of Algorithmic Agents.
40(3)
2.4.3 The Complexity of Liability in Agency Law
43(3)
3 In the Company of Robots The Creation of Autonomous Organizations
46(30)
3.1 Background: Legal Personhood As "Legal Technology"
47(4)
3.2 The Novelty of Modern Entities in Enabling Nonhuman Autonomous Systems
51(7)
3.3 The Zero-Member LLC
58(9)
3.4 Models of Private-Law Personhood for Software
67(6)
3.4.1 Frameworks for Granting Legal Personhood
60(10)
3.4.2 Formal versus Substantive Legal Personhood
70(3)
3.5 Conclusion
73(3)
4 The Legal Viability of Autonomous Organizations.
76(41)
4.1 The Focus of the Objections to Autonomous Organizations
78(2)
4.2 The Workability of LLCs without Ongoing Human Internal Governance
80(12)
4.2.1 Cross-Ownership
81(2)
4.2.2 Vetogates
83(6)
4.2.3 Defiance
89(3)
4.3 The Legal Soundness of Autonomous Entities Under Current Statutes
92(12)
4.3.1 Statutory Definitions
93(5)
4.3.2 Business-Law Foundations
98(6)
4.4 Are Autonomous Organizations "Absurd," So That Courts Will Strike Them Down?
104(6)
4.4.1 Timing and Justice
104(3)
4.4.2 Identifying the Absurdity
107(1)
4.4.3 The Context of Technological Change
108(2)
4.5 Autonomous Organizations and the Internal-Affairs Doctrine
110(6)
4.6 Conclusion
116(1)
5 The Advantages of Autonomous Organizations
117(30)
5.1 Apparent Problems That Aren't Really Problems
119(23)
5.1.1 Disaggregating the Rights of Legal Personality
122(2)
5.1.2 The Dignity of Contracting with Software
124(9)
5.1.3 The Renewed Vitality of Dead-Hand Control
133(5)
5.1.4 Dangers of Artificial Intelligence
138(4)
5.2 Practical Autonomy and Legal Function
142(5)
6 The Limitations and Legal Implications of Autonomous Organizations
147(22)
6.1 The Role of Intent in the Private Law
149(12)
6.1.1 Intentional Torts, Conventional Organizations, and Autonomous Organizations
150(8)
6.1.2 Intent and Contracts
158(2)
6.1.3 Punishing Bad Intent
160(1)
6.2 Drift, Abuse, and Formalism in Organizational Law
161(8)
6.2.1 Legal Recognition of Evolving Expectations
163(1)
6.2.2 Judicial Administration and Dissolution
164(2)
6.2.3 The Equitable Doctrine of Reformation
166(3)
Conclusion 169(2)
Index 171
Shawn Bayern is Associate Dean for Academic Affairs and Larry & Joyce Beltz Professor of Torts at Florida State University College of Law. He has a deep background in computer science, with specialties in computer security and the development of programming languages.