IEEE Technology and Society Magazine - March 2018 - 74

Scenario1 (S1) discusses the RAiLE as an object,
explicitly, a good.
■■ Scenario2 (S2) considers RAiLE as a self-standing
non-human legal entity.
■■ Scenario3 (S3) deliberates on RAiLE either as a subject with limited rights, "Third Existence" [18] referring to [19] Japanese text only, or objects with
enhanced legal obligations attached, "electronic persons" [20], [21] the term used by the EU.
Cultural differences manifest in different treatment of
the RAiLE. In particularly Scenario 3 (S3) can manifest
substantial variations depending on what is of key importance in the eye of beholder. For instance, in Europe, "electronic persons," receive no legal protection, only liabilities.
Asian nations appear more RAiLE friendly; the South Korean draft of Robot Law and the Chinese-Japanese "Third
Existence" proposal incorporates rights for Robots [22].
Regarding families, formalized relationships today
must be between natural persons.Future social reality
may differ with the RAiLE being an integrated family
member. In family context only (S2) and (S3) are deliberated on distinctively, as (S1) as a legal entity and taken
from the workplace applies analogically for families, with
certain exceptions. In (S1) and (S3) above, unlike in (S2),
the human "outranks" the RAiLE in the legal hierarchy.
In (S2), more formalized human-RAiLE relationships are
a possibility; they may marry, adopt, inherit etc.
The level and scope of subordination depends on the
cultural models of legislators in (S3). For example, a
"Third existence" defined RAiLE would have a higher rank
in the hierarchy than on defined as "electronic persons."
The entity's legal capacity also varies in accordance with
the chosen scenario. Both the (S1) and (S3) RAiLE can,
analogically, receive legal protection like animals. Hence,
they may inherit property, be subject to taxation, etc.
Under the same two scenarios, lacking legal capacity, the
RAiLE would need a legal guardian with a power of attorney bestowed by the donor to administer the property.
■■

Today - Robotics/AI as "Servant"
RAiLE are per se the servants of humanity unless they
achieve singularity and potentially full (S2) rights and obligations. In (S2), the RAiLE chooses whether to be a servant or not. For (S1) and (S3) the owner of RAiLE decides
its tasks, as for example a homemaker or breadwinner.

Tomorrow - Robotics/AI as Equal Partner
Only the (S2) RAiLE is to a large extent of equal legal
standing to a human as a partner. Nancy Frazer's Universal Caregiver Model [23] could apply analogically,
meaning that the RAiLE and human could freely vary in
which role in the relationship they will assume. If this
situation occurs will the RAiLE be covered by discrimination legislation?

Which Social Aspects of HRI
will Impact Legal Change?
"Social reality is lived social relations" [24]. Thus, as our
relations with the RAiLE evolve, so does the social reality
we live in. We have identified two specific areas of future
social interaction between "man and machine" where we
see that legal issues will occur sooner rather than later:
1) Workplace.
2) Family unit.
In the workplace, we are already aware of the issue
with automatization taking over jobs, but there are also
areas and aspects around future situations, including
effects on the family unit, that should be seriously considered. The current and future legal status of the
RAiLE affects the legal parameters of social interaction.
Civil law and common law today (both private and public sphere) covers legal subjects and objects. Unlike
objects, subjects have rights and obligations. In the
workplace, the RAiLE could be:
■■ Co-worker - How can the definition of the worker's
obligations/rights under internationals labor law
apply to the RAiLE?
■■ Workforce solutions - How can legal obligations/
rights be maintained when the RAiLE is on temporary employment?
■■ Boss - What obligations/rights apply when the
RAiLE runs the workplace with humans and other
types of co-workers (see above) under them?

Workplace
The workplace is the place where the "job" is done. This
article adopts a broad meaning for the term, covering
everything that affects people at work, i.e., both the physical geographical location, the physical attributes of the
workplace (e.g., the quality of air, cognitive systems,
machines, and robots) [27], and the workplace relationships and conditions of employment. The physical and
mental aspects of the workplace are highly relevant for
situations of a hybrid workforce [27], utilizing both RAiLE
and human. For the workforce, a workplace populated
purely by RAiLE, is an intellectual black hole.
In their definition of labor standards, the International
Labour Organization (ILO), a specialized agency of the
United Nations (UN), states that for the global economy
to benefit all, an international framework for labor standards is essential [25]. These standards are a response
to the new challenges faced by workers and employers in
the globalized economy [25]. Their applicability to the
RAiLE currently has limited applicability for our purpose
as they clarify that the rights in their "Declaration on
Fundamental Principles and Rights at Work" [26] applies
to all people in all States [25].
This implies that the ILO legislative framework is only
concerned with humans. But as the RAiLE continues to

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