Image of Jurisprudence Reconstructed to Enhance Innovation: Liability Allocation for Improved Predictability

Abstract

Law is generally imaged to be stickler to human rights, often taking its stance to be against technological developments which possibly infringe “humane territory”. In this chapter, however, the author tries to show the positive effect of law to enhance innovation, by designing proper allocation of responsibility through legislation. In the case of advancing artificial intelligence (AI) technology, for instance, the “trolley problem” is often used to indicate the difficulty of choice between two alternatives, and thus to show the danger to leave such decision to non-human beings as AIs. But considering that the system of “legal bodies” as companies could be seen as an artificial reality to establish something to hold rights and duties to be liable to the results of their action, we could notice the function of law to establish social institutions apart from the natural order, to sustain or enhance welfare and happiness of the society. Taking example from the problem of traffic accident committed by level 4 auto-driving car, the author tries to discuss the alternatives on the allocation of responsibilities and liabilities, and to show that some of them will surely suppress the further technological innovation, concluding that law may work as a measure for the society to avoid falling into such pitfalls.