scholarly journals How to apply Asimov’s first law to sex robots

2020 ◽  
Vol 11 (1) ◽  
pp. 161-170
Author(s):  
Carlotta Rigotti

AbstractSex robots may be surfacing in recent controversy, but they are certainly not a novelty in the academic debate. However, given the lack of legal reasoning in this field of research, this article aims at examining the balancing of the fundamental rights involved in the sex robots’ manufacture and usage, taking Asimov’s first law as the main starting point and with an eye to a future lawmaking process. Specifically, Section 1 gives a brief overview on how to define sex robots, while distinguishing them from sex toys and pornography. Section 2 interprets Asimov’s first law in order to apply it to sex robots. Section 3 develops a pertaining legal reasoning based on competing fundamental rights, i.e. the user’s sexual freedom and the manufacturer’s freedom of enterprise versus the gender dignity and right to equality. Finally, the conclusions review the main findings and address considerations to policymakers.

Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 44
Author(s):  
Adelaide Madera

Since 2020, the spread of COVID-19 has had an overwhelming impact not only on our personal lives, but also on domestic regulatory frameworks. Influential academics have strongly underlined that, in times of deep crisis, such as the current global health crisis, the long-term workability of legal systems is put to a severe test. In this period, in fact, the protection of health has been given priority, as a precondition that is orientating many current legal choices. Such an unprecedented health emergency has also raised a serious challenge in terms of fundamental rights and liberties. Several basic rights that normally enjoy robust protection under constitutional, supranational, and international guarantees, have experienced a devastating “suspension” for the sake of public health and safety, thus giving rise to a vigorous debate concerning whether and to what extent the pandemic emergency justifies limitations on fundamental rights. The present paper introduces the Special Issue on “The crisis of the religious freedom during the age of COVID-19 pandemic”. Taking as a starting point the valuable contributions of the participants in the Special Issue, it explores analogous and distinctive implications of the COVID-19 pandemic in different legal contexts and underlines the relevance of cooperation between religious and public actors to face a global health crisis.


2020 ◽  
Vol 11 (1) ◽  
pp. 228-232
Author(s):  
Adamantios Koumpis ◽  
Thomas Gees

AbstractIn this article, we present our experiences from research into the healthy ageing and well-being of older people and we report on our personal opinions of robots that may help the elderly to have sex and to cope with isolation and loneliness. However, and while there is a growing industry for sex robots and other sex toys and gadgets, there is also a growing concern about the ethics of such an industry. As is the case with pornography, the concept of sex robots may be criticized, yet it has deep roots in human civilization, with erotic depictions that date back to the Palaeolithic and Mesolithic Ages. So the need for an artefact that would offer sexually relevant functionality is not new at all. But what might be new and worrying is the potential for using artificial intelligence in sex robots in ways that might cause a repositioning of our entire value system. Such a threat is not related to the proliferation of sex robots per se but to the use of robots in general and in a variety of other fields of application.


2021 ◽  
Vol 13 (4) ◽  
pp. 53-85
Author(s):  
Petr Mádr

This article contributes to the growing scholarship on the national application of the EU Charter of Fundamental Rights ('the Charter') by assessing what challenges national courts face when dealing with Article 51 of the Charter, which sets out the Charter's material scope of application. In keeping with this aim, the relevant case law of the Court of Justice of the EU (CJEU) – with its general formulas, abstract guidance and implementation categories – is discussed strictly from the perspective of the national judge. The article then presents the findings of a thorough study of the case law of the Czech Supreme Administrative Court (SAC) and evaluates this Court's track record when assessing the Charter's applicability. National empirical data of that kind can provide valuable input into the CJEU-centred academic debate on the Charter's scope of application.


Author(s):  
Luis Jimena Quesada

El presente artículo toma como punto de partida la importancia de la cuestión prejudicial como instrumento fundamental del actual constitucionalismo europeo multinivel, en la medida en que a través de él cabe dotar de fuerza a los principios esenciales del Estado de Derecho y de la UE como comunidad de Derecho (especialmente seguridad jurídica, responsabilidad, tutela judicial efectiva y optimización de los derechos fundamentales). Con tal premisa, se efectúa un análisis crítico de estrategias más que dudosas (no siempre aparentemente guiadas por buena fe procesal) que, por acción o por omisión, vulneran el artículo 267 TFUE poniendo en entredicho la fluida articulación del sistema jurídico europeo (de las normas de producción nacional y supranacional) y el correcto reparto del poder judicial europeo (entre la Justicia nacional y supranacional) y, con ello, la óptima realización del sistema europeo de derechos fundamentales. Finalmente, el trabajo concluye con unas propuestas que pretenden mejorar el diálogo judicial supranacional a través de un verdadero espíritu de colaboración que tenga el respaldo de una sólida formación de la Judicatura en Derecho europeo, de una voluntad jurisdiccional positiva (inspirada en el principio favor libertatis), de una dinamización de la obligación de formulación la cuestión prejudicial en los casos previstos en el artículo 267 TFUE y de una disciplina precisa de la doble prejudicialidad (ante la Jurisdicción Constitucional nacional y ante el Tribunal de Justicia).This article takes as its starting point the importance of the preliminary ruling as a fundamental instrument of the current multi-level European constitutionalism, since it allows for strengthening the basic principles of the rule of law at both the State level and the EU level (especially legal certainty, responsibility, due process of law and optimization of fundamental rights). With such a premise, a critical analysis of more than dubious strategies (not always apparently guided by good procedural faith) is carried out. Indeed, these strategies, by action or omission, breach Article 267 TFEU by challenging the fluid articulation of the European legal system (of national and supranational provisions) as well as the correct distribution of the European judicial power (between national and supranational courts) and, as a result, the optimal realization of the European system of fundamental rights. Finally, the paper concludes with proposals that seek to improve supranational judicial dialogue through a true spirit of collaboration supported by a solid training of judges in European law, a positive jurisdictional will (inspired by the favor libertatis principle), a re-dimension of the obligation to submit the preliminary ruling in the cases referred to in Article 267 TFEU and a specific discipline of a double preliminary ruling (both before the national Constitutional Court and before the Court of Justice).


Author(s):  
Paul Craig ◽  
Gráinne de Búrca

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses EU human rights law, and the way in which the ECJ developed fundamental rights as part of the Community legal order. The analysis includes the drafting of the EU Charter of Rights, and its application in the post-Lisbon world in which it is legally binding on the EU and on Member States when they act in the scope of EU law. The EU has gradually integrated human rights concerns into a range of its policies. The EU actively promotes its ‘human rights and democratization’ policy in many countries around the world, and uses human rights clauses in its international trade and development policies. It has imposed a human rights-based ‘political conditionality’ on candidate Member States, and claims to integrate human rights concerns throughout its common foreign and security policy.


2006 ◽  
Vol 19 (3) ◽  
pp. 753-772 ◽  
Author(s):  
MIELLE BULTERMAN

Under the UN sanctions regime of Resolution 1267, UN member states are obliged to freeze the assets of persons and entities which are associated with Usama bin Laden, and which therefore reason have been listed by the UN. Within the European Union this ‘UN sanctions list’ is implemented by means of a Community regulation, having direct effect in all EU member states. The regulation was challenged by several individuals and an organization, which were added to the UN sanctions list on the basis of their association with al Qaeda. The regulation was challenged on two grounds. First, the applicants claimed that the Community did not have the competence to adopt the contested regulation. In the second place, the applicants claimed that the Community regulation infringed their human rights (right to property, right of access to court). Thus the CFI was asked to determine to what extent it is competent indirectly to review measures adopted under the UN Charter. This delicate legal question is answered in a lengthy judgment, the legal reasoning of which is not always convincing.


2020 ◽  
Author(s):  
Stein Erik Fæø ◽  
Oscar Tranvåg ◽  
Rune Samdal ◽  
Bettina S. Husebo ◽  
Frøydis Bruvik

Abstract Background: As the number of persons with dementia is increasing, there has been a call for establishing sustainable clinical pathways for coordinating care and support for this group. The [email protected] trial is a multicomponent, multi-disciplinary intervention combining learning, innovation, volunteer support and empowerment. To implement the intervention, a municipal coordinator has a crucial role. Implementation research on multicomponent interventions is complex and we conducted a qualitative study, aiming to explore the coordinator role and how a coordinator may empower persons with dementia in decision-making processes. Methods: Qualitative program evaluation combined with a hermeneutic interpretive approach was chosen as methodological approach. Sixteen dyads, consisting of the person with dementia and their main informal caregiver received the intervention by two coordinators. Of these, six dyads, three informal caregivers alone and the two care coordinators along with their leader, in sum, eighteen persons, participated in in-depth or focus group interviews, sharing their experiences after six months intervention.Results: We found that the coordinators fulfilled three functions for the participating dyads: being a safety net, meaning that the dyads might have little needs at the moment, but found safety in a relation to someone who might help if the situation should change; being a pathfinder, meaning that they supported the dyads in finding their way through the complicated system of care and support services; being a source for emotional care and support, meaning that they listened, acknowledged and gave counsel in times of distress. The coordinators emphasized that a trusting leader and work environment was crucial for them to fulfill these functions. We also found that it was challenging for the coordinators to build a relation to the persons with dementia in order to pursue genuine empowerment in decision-making processes. Conclusion: We found the framework for follow-up to be a feasible starting point for establishing empowering coordination and a sustainable care pathway for persons with dementia and their informal caregivers. More meeting points between coordinator and person with dementia should be pursued in order to fulfill the persons’ fundamental rights to participate in decision-making processes.


EU Law ◽  
2020 ◽  
pp. 217-261
Author(s):  
Paul Craig ◽  
Gráinne de Búrca

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses the doctrine of direct effect. In a broad sense direct effect means that provisions of binding EU law, which are sufficiently clear, precise, and unconditional to be considered justiciable, can be invoked and relied on by individuals before national courts. The legal effect of directives is complex. They have vertical but not horizontal direct effect. The ECJ has however crafted a growing number of qualifications to the proposition that directives do not have horizontal direct effect. The result is that directives can still have ‘legal effect’ on private parties in various ways through the principle of indirect effect/harmonious interpretation; incidental effect; fundamental rights; general principles of law; and where a regulation makes reference to a directive. The UK version contains a further section analysing issues concerning direct effect in relation to the UK post-Brexit.


Robotics ◽  
2018 ◽  
Vol 7 (3) ◽  
pp. 46 ◽  
Author(s):  
Leonardo Mariano Gomes ◽  
Rita Wu

In this paper, we present the Neurodildo, a sex toy remotely controlled by brain waves, which is pressure sensitive and has electrical stimulation (e-stim) feedback. The Neurodildo was originally presented as a conference paper at the 3rd International Congress on Love and Sex with Robots (2017). We designed and explored the application of a mind-controlled sex toy for the people with mobility disabilities, for example with spinal cord injury (SCI), who have difficulty handling a commercial toy and that might experience difficulties in a sexual encounter. The system consists of the sex toy with Bluetooth and sensors, the brain-computer interface (BCI) headset, the e-stim device, and a computer for running the necessary software. The first user wears the headset and the e-stim device, and by focusing in trained patterns, he/she can control the vibration of the sex toy. The pressure applied to the sex toy by the second user is measured by sensors and transmitted and converted to the first user, who feels muscle contractions. We discuss the design process, the limitations of the prototype and how evaluating the user requirements is necessary for a better product. We also included a background and discussion on the application of sex robots for assisting disabled people and how the Neurodildo could be integrated with this futuristic technology. The goal of this project is to design a sex toy that might help people with disabilities and people in long-distance relationships (LDR), trying to fill the gap of sex toys designed for people with disabilities.


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