Terasem Movement, Terasem Movement, Inc.Inc.

6th Annual Colloquium on6th Annual Colloquium onThe Law of Futuristic PersonsThe Law of Futuristic Persons

December 10, 2010December 10, 2010

Out of the Chinese Out of the Chinese Room,Room,

Into the Courtroom:Into the Courtroom:Personhood, Rights, Personhood, Rights,

DutiesDuties& the Conscious & the Conscious

ComputerComputerElizabeth R. McClellanElizabeth R. McClellanUniversity of Memphis University of Memphis

Cecil C. Humphries School of LawCecil C. Humphries School of LawJ.D. Candidate, May 2012J.D. Candidate, May 2012ermcclellan@gmail.comermcclellan@gmail.com

Legal Personhood = Rights & Legal Personhood = Rights & DutiesDuties

What is a legal person?What is a legal person?““a right-and-duty bearing unit.”a right-and-duty bearing unit.”

John Dewey, John Dewey, The Historic Background of Corporate Legal The Historic Background of Corporate Legal PersonalityPersonality, 35 Yale L.J. 655, 655 (1926) , 35 Yale L.J. 655, 655 (1926)

““[an] entit[y] which produce[s] legal [an] entit[y] which produce[s] legal acts” & “legally meaningful acts” & “legally meaningful communications.”communications.”Tom Allen & Robin Widdison,Tom Allen & Robin Widdison, Can Computers Form Contracts? Can Computers Form Contracts?, 9 , 9 Harv. J.L. & Tech 25 (1996)Harv. J.L. & Tech 25 (1996)

What Rights & Duties?What Rights & Duties?Legal personhood “signifies what the Legal personhood “signifies what the

law makes it signify.”law makes it signify.”Dewey, Dewey, The Historic Background of Corporate Legal The Historic Background of Corporate Legal PersonalityPersonality, 35 Yale L.J. at 655., 35 Yale L.J. at 655.

All legal/juridical persons do not enjoy All legal/juridical persons do not enjoy the same rights.the same rights.

““Human rights” depend more on legal Human rights” depend more on legal personhood than citizenship in a personhood than citizenship in a particular nation, & some apply to particular nation, & some apply to nonhuman legal persons.nonhuman legal persons.

Legal Personhood & Conscious Legal Personhood & Conscious Computers: Policy Computers: Policy

ConsiderationsConsiderationsNo theoretical barrier to computer No theoretical barrier to computer personhood.personhood.Increasing computer autonomy in absence of Increasing computer autonomy in absence of true consciousness already causing issues in true consciousness already causing issues in existing legal doctrines.existing legal doctrines.Logical & consistent to attribute legal Logical & consistent to attribute legal consequences of action to autonomous actor.consequences of action to autonomous actor.Rights & duties can create socially Rights & duties can create socially responsible behavior if actor is able to responsible behavior if actor is able to appreciate consequences & choose courses appreciate consequences & choose courses of action.of action.

Legal Personhood & Conscious Legal Personhood & Conscious Computers: ObstaclesComputers: Obstacles

Historical property classification Historical property classification Man/machine dualismMan/machine dualism In rem/in personamIn rem/in personam distinction distinctionPublic opinionPublic opinion Technophobia & Fear of the UnknownTechnophobia & Fear of the Unknown Nature of Rights & Duties Attendant on Nature of Rights & Duties Attendant on

Personhood ClaimPersonhood ClaimOnly possible grantors are human Only possible grantors are human beingsbeings

Personhood Classifications Personhood Classifications & Attendant Rights& Attendant Rights

Human personsHuman persons Full spectrum (“natural” rights; IDHR).Full spectrum (“natural” rights; IDHR).Corporate personsCorporate persons Many, but not all, rights of human persons.Many, but not all, rights of human persons.Other entities (associations of human persons)Other entities (associations of human persons) Less rights/duties than corporate persons, but Less rights/duties than corporate persons, but

protected freedoms (e.g., expression) prevent some protected freedoms (e.g., expression) prevent some government interference.government interference.

Entities lacking agency (ships & land)Entities lacking agency (ships & land) In remIn rem designation is legal fiction; designation is legal fiction; Shaffer v. HeitnerShaffer v. Heitner..AnimalsAnimals Designated as property; no rights; welfare protection.Designated as property; no rights; welfare protection.Computer Consciousness?Computer Consciousness?

Some Points of Some Points of ComparisonComparison

ConsciousnessConsciousnessWillWillAccountabilityAccountabilityCapacity for Social ActionCapacity for Social ActionLegally Significant BehaviorLegally Significant Behavior

““Human Rights” in a Human Rights” in a Machine ContextMachine Context

Universal Declaration of Human RightsUniversal Declaration of Human Rights““All human beings are born free and equal in All human beings are born free and equal in dignity and rights. They are endowed with dignity and rights. They are endowed with reason and conscience and should act reason and conscience and should act towards one another in a spirit of towards one another in a spirit of brotherhood.”brotherhood.”Represents core values of Western legal Represents core values of Western legal systemssystemsNo binding authority, but provides a No binding authority, but provides a theoretical frameworktheoretical framework

Types of Rights Under Types of Rights Under IDHRIDHR

Life & LibertyLife & LibertyDue ProcessDue ProcessPersonal FreedomsPersonal FreedomsCivic Participation & InclusionCivic Participation & InclusionEconomic & Quality of LifeEconomic & Quality of LifeEducational & CulturalEducational & CulturalCommunity Rights & DutiesCommunity Rights & Duties

Machine Application: Machine Application: IDHRIDHR

Life & LibertyLife & Liberty Continued consciousnessContinued consciousness Freedom from unpaid servitudeFreedom from unpaid servitude Freedom from experimentation analogous to Freedom from experimentation analogous to

torturetortureDue ProcessDue Process Any entity subject to criminal or civil penalty Any entity subject to criminal or civil penalty

should be entitled to due process of law.should be entitled to due process of law. Potential concerns about efficacy of current Potential concerns about efficacy of current

criminal & civil penalties when applied to criminal & civil penalties when applied to machine consciousness.machine consciousness.

Machine Application: Machine Application: IDHRIDHR

Personal FreedomsPersonal Freedoms Broad area, some areas more easily Broad area, some areas more easily

analogizedanalogizedRight to own property? To seek asylum?Right to own property? To seek asylum?Right to marry? To have a nationality?Right to marry? To have a nationality?Thought/Conscience/Religion?Thought/Conscience/Religion?

Civic Participation & InclusionCivic Participation & Inclusion Likely to be very controversial.Likely to be very controversial. Suffrage/representation would require Suffrage/representation would require

Constitutional amendment in U.S.Constitutional amendment in U.S.

Machine Application: Machine Application: IDHRIDHR

Economic & Quality of LifeEconomic & Quality of Life Also likely to incite controversyAlso likely to incite controversy Concerns about economic Concerns about economic

stability/resource scarcitystability/resource scarcityEducational & Cultural ProtectionsEducational & Cultural Protections Similarly controversialSimilarly controversial Computer consciousness likely to have Computer consciousness likely to have

divergent educational needs.divergent educational needs.

Machine Application: Machine Application: IDHRIDHR

Community Rights & DutiesCommunity Rights & Duties Duties of Individual Toward CommunityDuties of Individual Toward Community Duties of Individual In Exercise of Duties of Individual In Exercise of

Personal RightsPersonal Rights Right to Be Subject to Limitations of Law Right to Be Subject to Limitations of Law

Only Where Necessary to SecureOnly Where Necessary to SecureRights of OthersRights of OthersMoralityMoralityPublic OrderPublic OrderGeneral WelfareGeneral Welfare

Concluding RemarksConcluding RemarksTheoretical framework of the law & existing Theoretical framework of the law & existing principles can adapt to machine consciousness.principles can adapt to machine consciousness.Difficulty in extending legal personhood to Difficulty in extending legal personhood to machine consciousness will lie in philosophy & machine consciousness will lie in philosophy & opinion of human participants in the legal opinion of human participants in the legal system & broader public discourse, not in system & broader public discourse, not in doctrinal issues with legal personhood.doctrinal issues with legal personhood.Continuing to examine effects of autonomous Continuing to examine effects of autonomous machine consciousness on legal doctrine in the machine consciousness on legal doctrine in the absence of legal personhood may make need & absence of legal personhood may make need & benefits of legal personhood designation more benefits of legal personhood designation more apparent.apparent.