Robots are with us, but law and legal systems are not ready. This book identifies the issues posed by human-robot interactions in substantive law, procedural law, and law's narratives, and suggests how to address them. When human-robot interaction results in harm, who or what is responsible? Part I addresses substantive law, including the issues raised by attempts to impose criminal liability on different actors. And when robots perceive aspects of an alleged crime, can they be called as a sort of witness? Part II addresses procedural issues raised by human-robot interactions, including evidentiary problems arising out of data generated by robots monitoring humans, and issues of reliability and privacy. Beyond the standard fare of substantive and procedural law, and in view of the conceptual quandaries posed by robots, Part III offers chapters on narrative and rhetoric, suggesting different ways to understand human-robot interactions, and how to develop coherent frameworks to do that. This title is also available as Open Access on Cambridge Core.
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Robots are with us. We address how law and legal systems are not ready, and what to do about it.
Half title page; Title Page; Copyright Page; Dedication; Contents;
Contributors; Foreword; Acknowledgements; 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; List of Abbreviation; Introduction
Sabine Gless and Helena Whalen-Bridge; Part I. HumanRobot Interactions and
Substantive Law:
1. The Challenges of HumanRobot Interaction for Substantive
Criminal Law: Mapping the Field Tatjana Hörnle;
2. Are Programmers in or out
of Control? The Individual Criminal Responsibility of Programmers of
Autonomous Weapons and Self-Driving Cars Marta Bo;
3. Trusting Robots:
Limiting Due Diligence Obligations in Robot-Assisted Surgery under Swiss
Criminal Law Janneke de Snaijer;
4. Forms of Robot Liability: Criminal Robots
and Corporate Criminal Responsibility Thomas Weigend; Part II. HumanRobot
Interactions and Procedural Law:
5. Introduction to HumanRobot Interaction
and Procedural Issues in Criminal Justice Sabine Gless;
6. Human Psychology
and Robot Evidence in the Courtroom, Alternative Dispute Resolution, and
Agency Proceedings Sara Sun Beale and Hayley Lawrence;
7. Principles to
Govern Regulation of Digital and Machine Evidence Andrea Roth;
8. Robot
Testimony? A Taxonomy and Standardized Approach to the Use of Evaluative Data
in Criminal Proceedings Emily Silverman, Jörg Arnold and Sabine Gless;
9.
Digital Evidence Generated by Consumer Products: The Defense Perspective Erin
E. Murphy;
10. Data as Evidence in Criminal Courts: Comparing Legal
Frameworks and Actual Practices Bart Custers and Lonneke Stevens;
11.
Reconsidering Two US Constitutional Doctrines: Fourth Amendment Standing and
the State Agency Requirement in a World of Robots David Gray; Part III.
HumanRobot Interactions and Legal Narrative:
12. Narrative Approaches to
HumanRobot Interaction and the Law Helena Whalen-Bridge;
13. The Case of the
Stupid Robot Frode Helmich Pedersen;
14. Inevitable or Not? Narrative
Arguments Regarding Autonomous Vehicles in Singapore Helena Whalen-Bridge;
15. 'The Knowledge of Causes and the Secret Motions of Things': The
Interdisciplinary and Doctrinal Challenges of Automated Driving Systems and
Criminal Law Jeanne Gaakeer; Index.
Sabine Gless is Professor of Criminal Law at the University of Basel, Switzerland. Her research focuses on criminal justice issues related to the digitization of our living environment as well as on human rights in transnational criminal law. She is a member of editorial boards of various journals and serves as a delegate in science funding committees, including the German Research Foundation and the Leibniz Senate Evaluation Committee. Helena Whalen-Bridge is Associate Professor at the Faculty of Law, National University of Singapore. A recipient of multiple competitive research grants, her research interests include legal ethics and access to justice, legal narrative, and legal education. Her research in narrative was awarded the 2019 Teresa Godwin Phelps Award for Scholarship in Legal Communication, and she is the recipient of NUS Teaching Excellence Awards.
