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25 Jrslm. Rev. Legal Stud. 1 (2022)

handle is hein.journals/jerusrls25 and id is 1 raw text is: 



Jerusalem Review of Legal Studies, Vol. 25, No. 1 (2022), pp. 1-17
https://doi.org/10.1093/jrls/jlacOO2



  The Law of Al: A Renegotiation or

    a   Reproduction Commentary on

       Ryan Abbott, The Reasonable

                                   Robot


                 Omri   Rachum-Twaig* & Ohad Somecht

I.  Introduction

Ryan   Abbott's  The  Reasonable   Robot:   Artificial Intelligence and the Law
offers a functional  approach   to the law  of Artificial Intelligence (AI) robots.
Soon,  if not already, AIs will compete with human  employees   in a variety of tasks
and  fields-from  manufacturing and transportation to programming and medi-
cine-prompting the fourth industrial revolution.1 But Abbott does not find this
to be as alarming  as it may appear. Instead,  while the transition period requires
some  state intervention, he argues, [h]istory has shown   [that] fears [of techno-
logical unemployment] were misplaced, at least in regard to concerns about
long-term  unemployment (p. 5).
   What  Abbott  is concerned  with is that competition  between  AIs and  humans
would  be on  equal footings. This concern  is highlighted in the main theme of the
book,  the principle of AI  legal neutrality asserting that the law should not dis-
criminate  between  Al and  human   behavior  (p. 3). Al legal neutrality does not
advocate  for AI's having legal rights or legal personhood (p. 4). AIs are not arti-
ficial people  and  society  should  not  advance   their autonomy,   freedom,   or


   * Omri Rachum-Twaig, Research Fellow, Federmann Cyber Security Research Center, the Hebrew University
of Jerusalem; Adjunct Professor, Buchmann Faculty of Law and Coller School of Management, Tel Aviv
University, Israel.
  t Ohad Somech, Post-Doctoral Fellow, the Law Data Lab, Bar-Ilan University; Research Fellow, Zefat
Academic College; Research Fellow, Federmann Cyber Security Research Center, the Hebrew University of
Jerusalem, Israel.
   1 One may wonder why now is the time to address Al? After all, the idea that AI will, at any moment, become
common in society has existed for some time now without actually manifesting. It is often difficult to identify a
technological revolution at its outset, and though we do not address this issue here, one may consider two possible
explanations for the timing of the book. One is the actual (or perceived) existence of technological advances of revo-
lutionary potential, such as in the context of automated vehicles. In the previous several years automakers have
argued they are on the verge of large-scale introduction of autonomous vehicles, with some already operational, as
in the not-very-successful example of the Tokyo Olympics. A second reason, not to be dismissed, is the ever-
increasing interest in Al in both legal literature and practice, including the EU regulatory framework and the estab-
lishment of a dedicated law journal.
© The Author(s) 2022. Published by Oxford University Press and the Hebrew University of Jerusalem.
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