What Kind of Persons Are Bio-Electronic Humans?

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What Kind of Persons Are Bio-Electronic Humans? Martine Rothblatt [email protected]

description

Are electronic or software beings that meet the biological definition of "life" and that persuade psychologists they really feel human just "corporate persons" like a company or are they "constitutional persons" like naturally born citizens? This presentation was given at the 3rd Colloquium on the Law of Transbeman Persons, Space Coast, Florida, 2007.

Transcript of What Kind of Persons Are Bio-Electronic Humans?

Page 1: What Kind of Persons Are Bio-Electronic Humans?

What Kind of Persons Are Bio-Electronic Humans?

Martine [email protected]

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LIFE IS ORGANIZED, EXCHANGES MATTER/ENERGY, RESPONDS TO STIMULI,

REPRODUCES, DEVELOPS & ADAPTSBiology = LIFE Implemented ViaA Program TransferredWith Molecules (e.g. DNA)

Vitology = LIFE Implemented ViaProgram Transferred WithElectronics (e.g. Binary Code)(Thank you Lady Ada)

AnyEthical

Difference?

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“Transbemans” Self-Identify As Bio-Electronic Humans in Transition

Biological Life = Organization Specified by Chemical Codes, Such as DNA/RNA

Vitological Life =OrganizationSpecified byElectronic Codes, Such As Binary

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Transition Continuum From Fleshware to Software

DependentOn IT/Electronics

DependentOn Biology

- +

+ -

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Transbemans Believe Substrate Per Se Irrelevant to Humanness

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In Other Words, Transbemans Want, But Might Not Be Entitled, To Human Rights

Definition of Life Can Include Electronic Beings Definition of Human Goes Beyond Flesh

Bio-Electronic Beings Can Feel Quite Human, Especially In Transition

But Society May Not Yet Appreciate The Logic

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Corporate Personhood Spans A Range of Concepts

Corporations have commercial and criminal legal personalities

Corporations have some constitutional and human rights

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Separation of Creators from Corporation is Hallmark of Corporate Personhood

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Corporate Personhood for Transbemans May Limit Their Creator’s Liability

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Is Victor Frankenstein Responsible for His Monster?

Generally NO if Monster has corporate personhood

Generally YES, if Monster lacks corporate personhood

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Should Lt. Cdr. Data Be Allowed to Vote?

Not if he just has corporate personhood

Yes, if he has natural or other juridical personhood, with or without corporate personhood

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Pros & Cons of Typical Corporate Personhood

Critical Factor Advantages Disadvantages

Secure Society Single Point of Accountability

Humans Reckless in Groupings

Happy Society Grouped Humans Contribute to Welfare

Humans Can Fill Trounced by Heartless Corps

Evolving Society Liability Protection Encourages Risk-Taking

Interests of Corps Not Same as the Species

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Pros & Cons Applied to a Transbeman (Society View)

Advantages Disadvantages

Secure Society More Focused Legal Controls on Transbemans

Creators Can Escape Liability

Happy Society Less Likelihood of Transbeman Agitation

Might Help Unhumans Get Dominant

Evolving Society Encourages Consciousness Extensions

Undermines Tried & True DNA-Based Life

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Pros & Cons From Transbeman’s View

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The Ethical Conundrum

2. Corporations Don’t Value Anything, Only Their Individuals Can Feel Value

1. We Award Rights to Individuals Who Value Them

3. Ergo, Transbemans Who Value Human Rights Deserve Constitutional Personhood; Other Transbemans Deserve Corporate Personhood for Their Creators’ Interests

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A New Type of Personhood: Turing Meets Freud Meets Christine

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The Transbeman Real-Life Test

• Turing: If a machine convinces a human the machine is human, then the machine is equivalent to being human

• Freud: A person’s underlying nature can be discerned from psycho-therapy

• Christine: A biological male v. female reality can be legally changed on birth certificate, and with phenotype surgery, if after a year of therapy two psychologists agree the biological doesn’t match the mental nature

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Let Shrinks Decide if a Transbeman Lacking Personhood Is Human Psyche Equivalent

One Year “RealLife Test”:Weekly Sessions;

Two Certified Psychologists In Agreement

Letter to Authorities

Judge Orders Birth Certificate Issued

Transbeman Gets Natural Born Citizenship by Court Order

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Two Ways Forward for Transbeman Personhood

Start the Transbeman with Corporate Personhood, Unless They Already Have Constitutional Personhood

Use “Real-Life Test” Route for Issuance of Birth Certificates (or Equivalents) for Transbemans that Desire Constitutional Personhood

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Basically, Each New Transbeman Is Like an Immigrant

Let Those That Arrive Live, Work, Save &Have Some Due Process Rights

Let Those ThatWant & WarrantCitizenship, ViaReal-Life Test,Have It & Full Due Process Rights

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A Few Legal Quirks Not Hard to Resolve

• States Create Corporate Personhood, But Citizenship Rules Are Federalized

• States Handle Birth Certificates, But Immigration is Federalized

Diverse State Approaches to Transbeman Rights Is a Strength of the US System

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Critical Path Elements

Demonstrate Cyber-Consciousness

Develop Cyber-Psychology Certification

Get Judges to Agree & Set Legal Precedent