Jeffrey Gurney - Academia.edu (original) (raw)

Papers by Jeffrey Gurney

Autonomous Vehicle Ethics

Automated vehicles will have both intentional and unintentional externalities on other people and... more Automated vehicles will have both intentional and unintentional externalities on other people and industries. Many of the intended externalities of automated vehicles have been discussed at length; these intended externalities include safety benefits, increased happiness, better traffic management, and pollution reduction. In this chapter, the author will describe several unintended externalities of automated vehicles, which, although they have been discussed far less than the intended externalities, may be of equal importance. This chapter will explore such topics as the negative effects on organ donation, the opportunities that automated vehicles may create in the trade of illegal drugs, the impact that automated vehicles may have on relationships between police officers and racial minorities, and the effects on the airplane industry.

This Article examines the application of criminal law to autonomous vehicles. The Article begins ... more This Article examines the application of criminal law to autonomous vehicles. The Article begins by providing a background of autonomous vehicles. The Article then examines the general purposes of punishment and traffic laws. The Article next analyzes criminal responsibility for the operator with regard to rules of the road violations, driving under the influence, reckless driving, and vehicular manslaughter. The Article then examines location specific crimes, physical interference with a vehicle, and hacking. This Article argues that the law should be amended because the current application of criminal and traffic laws to autonomous vehicles will make programming the vehicles challenging and enforcing the laws difficult.

Autonomous vehicles will encounter situations where an accident is truly unavoidable, requiring t... more Autonomous vehicles will encounter situations where an accident is truly unavoidable, requiring the vehicle to decide whom or what to hit. In such situations, the vehicle will make difficult ethical decisions based upon its programming — more specifically, how its crash-optimization algorithm is programmed.

This Article examines crash-optimization algorithms from an ethical and legal standpoint through the lenses of six moral dilemmas. Ethically, the Article focuses specifically on utilitarian and Kantian ethics. Legally, the Article considers the tort and criminal law implications of crash-optimization algorithms. In addition, the Article discusses whether autonomous vehicles should even make ethical decisions. Concluding that they should make ethical decisions, the next consideration is whose — the car owner’s, the car manufacturer’s, or the government’s — ethical beliefs should the car be programmed to follow. Recognizing that no one party could program a fully ethical vehicle, the Article concludes by asserting that the government should provide partial immunity to the car manufacturer to ensure that the vehicles are programmed according to ethics.

Autonomous vehicles will revolutionize society in the near future. Computers, however, are not pe... more Autonomous vehicles will revolutionize society in the near future. Computers, however, are not perfect, and accidents will occur while the vehicle is in autonomous mode. This Article answers the question of who should be liable when an accident is caused in autonomous mode. This Article addresses the liability of autonomous vehicle by examining products liability through the use of four scenarios: the Distracted Driver; the Diminished Capabilities Driver; the Disabled Driver; and the Attentive Driver. Based on those scenarios, this Article suggests that the autonomous technology manufacturer should be liable for accidents caused in autonomous mode because the autonomous vehicle probably caused the accident. Liability should shift back to the " driver " depending on the nature of the driver and the ability of that person to prevent the accident. Thus, this Article argues that an autonomous vehicle manufacturer should be liable for accidents caused in autonomous mode for the Disabled Driver and partially for the Diminished Capabilities Driver and the Distracted Driver. This Article argues the Attentive Driver should be liable for most accidents caused in autonomous vehicles. Currently, products liability does not allocate the financial responsibility of an accident to the party that is responsible for the accident, and this Article suggests that courts and legislatures need to address tort liability for accidents caused in autonomous mode to ensure that the responsible party bears responsibility for accidents.

Autonomous Vehicle Ethics