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The Interdisciplinary and Doctrinal Challenges of Automated Driving Systems and Criminal Law
from Part III - Human–Robot Interactions and Legal Narrative
Published online by Cambridge University Press: 03 October 2024
The advent of automated driving systems forces us to reconsider legal concepts such as negligence, recklessness, and volition and will lead to new narratives in criminal courts on how to understand these established concepts. New mala prohibita may also need to be developed, impacting human and nonhuman drivers. One question in this reconfiguration will be whose powers of perception and/or agency will be deemed relevant. Automated driving systems have their own hermeneutics in the sense of their algorithms; can, and if so how, will humans understand their actions? Interdisciplinary collaborations are required to deal with new technologies, but jurists are often unacquainted with technology, and the experts who guide them are not usually jurists. Translation problems between disciplines may occur, as well as responsibility gaps, with negative consequences for both new legislation and individual cases. This chapter argues that automated driving systems require a hermeneutics of the situation, a framework to guide factual and legal interpretation for these systems that is interdisciplinary in nature and bridges legal, ethical, and technical challenges.
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