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„TROLLEYOLOGY” AND AUTONOMOUS VEHICLES – MORAL AND LEGAL QUESTIONS ON THE APPLICATION OF THE DOCTRINE OF DOUBLE EFFECT

100%

Pődör L.

Central European Papers

2021

vol. 9

issue 1

69-82

The paper focuses on a classical problem of ethics and law: the doctrine of double effect (DDE). Nowadays the doctrine is more and more popular since AI-technology and super- intelligent machines have been developing rapidly. Maybe autonomous vehicles’ most difficult dilemma is the following scenario: an autonomous car gets into an extreme road accident (collision) and the software should “decide” which direction-alternative to choose, but all of those possibilities end with death of human(s). This is a problem which requires a morally and legally justified answer. The principle emphasizes how to achieve a moral justification, what can be the classical cases of DDE and how to solve the most famous classical case, the trolley problem – which can be analogous to autonomous cars’ collision- case. The paper also higlights whether the doctrine is relevant from the perspective of legal justification and legal solutions, too.

Dziedzictwo prawne Leona Petrażyckiego w nowoczesnej doktrynie prawnej Ukrainy

43%

Kostytsky W. W.

Studia Iuridica

2018

vol. 74

163-184

The paper aims to study the work of Leon Petrazycki and analyze modern Ukrainian scholars’ opinions on Petrazycki’s scientific achievements. This study focuses on Petrazycki’s work, his psychological theory, in particular, in view of our own perspective on the law and within the framework of our theological and sociological theory, which considers the law as a social life phenomenon and regards moral imperative of the Almighty God as the basis of law. Every civilization communicates moral imperative through sacred writings (the Ten Commandments in Christian Bible, six hundred and seven rules in Jewish Torah, seventy-two rules in Muslim Quran). It is within the framework of this moral imperative that the society and the state develop the law. The paper addresses the modern absurdity and at the same time antinomy of law, lying in the fact that there is more and more law in the society but less and less law in life of an individual due to the fact that states rapidly upscale rulemaking, but laws are becoming less accessible to an individual. This study draws on conceptual issues of Petrazycki’s theoretical heritage, fundamental principles of his psychological theory, as well as connection between law and morality, described by Petrazycki, which are the spiritual heritage of society. The most important issues of Petrazycki’s work, in our opinion, are studying the nature of law, balance of emotion and intellect, official and intuitive, desirable and actual components in law, as well as subjective and objective law, law policy and power. The paper reveals that assessment of Petrazycki’s work in modern Ukrainian legal studies is ambivalent: from sharply critical (Prof. P. Rabinovich), compliant with Russian (O. Timoshina (St. Petersburg)) approach and critical yet positive perception of Petrazycki’s psychological theory (S. Maksymov, O. Merezhko, M. Kuz, O. Stovba) to admiration for Petrazycki’s genius, whose work was ahead of his time (I. Bezklubyi, N. Huralenko, V. Dudchenko, O. Rohach, M. Savchyn, V. Tymoshenko). Thus, the research findings suggest that Petrazycki’s work belongs not only to the past, but also to the present and future of jurisprudence, sociology, psychology, economics. Further in-depth analysis of Petrazycki’s heritage will contribute to more accurate diagnosis of urgent legal issues in social development of modern Ukraine, real assertion of personocentrism as a postulate of contemporary theoretical jurisprudence and guidelines for public authorities, as well as practical solution to many controversial scientific and legal issues.

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1 Central European Papers

1 Studia Iuridica

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1 2018

1 Kostytsky W. W.

1 Pődör L.

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„TROLLEYOLOGY” AND AUTONOMOUS VEHICLES – MORAL AND LEGAL QUESTIONS ON THE APPLICATION OF THE DOCTRINE OF DOUBLE EFFECT

Dziedzictwo prawne Leona Petrażyckiego w nowoczesnej doktrynie prawnej Ukrainy