Criminal Law and the Challenges of Autonomous Intelligence: Substituting a Theory of Guilt with the Division of Labor

Abstract

This paper is dedicated to the topic of the emerging challenges of traditional criminal law as posed by the development of modern technology. In certain parts of the world, the automotive industry has already implemented a new generation of autonomous self-driving vehicles. Moreover, there have been incidents where such vehicles have been involved in traffic accidents with deadly consequences. The use of autonomous intelligence is also emerging in other important sectors, such as in medicine and the military.

The issue of the legal liability of autonomous machines has been the subject of numerous philosophical debates and approached from the perspective of tort law. The question of criminal liability, however, has still not been debated more comprehensively. In this text, I will analyze the scope and limits of criminal liability of humans for criminal offenses “committed” by autonomous systems. Firstly, I will describe potential crimes of AI in context of intent and negligence. Secondly, I will propose the new concept of (shared) criminal liability, the concept I will name the Division of Labor theory.

Citation

Vuletić, I. (2021), "Criminal Law and the Challenges of Autonomous Intelligence: Substituting a Theory of Guilt with the Division of Labor", Langenfeld, J., Fagan, F. and Clark, S. (Ed.) The Law and Economics of Patent Damages, Antitrust, and Legal Process (Research in Law and Economics, Vol. 29), Emerald Publishing Limited, Leeds, pp. 111-126. https://doi.org/10.1108/S0193-589520210000029007