Identifier: TDX:4498
Authors: Ruiz Osuna, Pablo
Abstract:
The doctoral thesis deals with intelligent automata, trying to determine their legal nature (what are they?) and proposing a basic legal-private regime, as new citizens and agents in legal-economic traffic.
After the historical and philosophical analysis of the concepts of 'person', 'legal personality', 'legal capacity' and 'capacity to act', the work concludes that these have varied substantially over the centuries and civilizations, including Spanish civil law until recently. Given the variability in these concepts, we have studied what is artificial intelligence applied to different types of automata, concluding that it is endowed with characteristics that until now were considered exclusive to animals or exclusive to people. Therefore, we have considered whether intelligent automata deserve private-legal treatment equivalent to that of people (natural or legal), animals or things, concluding that, given their peculiarity and constant evolution, they do not fit exactly into any of these classic legal categories. Therefore, the thesis defends considering intelligent automata as a tertium genus, which deserve an ad hoc legal treatment that participates, mutatis mutandis, in some aspects of their legal regime, taking into account criteria such as Kantian morality, utility, acceptable risk, autonomy, self-protection and responsibility.
In accordance with all this, the thesis defends that intelligent automatons should enjoy a certain well-being, certain personality rights, limited contractual capacity and possession and property rights, all adapted to their nature, although not those related to family law.
Repositori URV