{"id":6705,"date":"2026-03-08T12:14:41","date_gmt":"2026-03-08T16:14:41","guid":{"rendered":"https:\/\/hedgehogsandfoxes.org\/?p=6705"},"modified":"2026-03-08T12:20:23","modified_gmt":"2026-03-08T16:20:23","slug":"christine-a-corcos-more-human-than-human-more-human-than-human-how-some-science-fiction-presents-ais-claims-to-the-right-to-life-and-self-determination","status":"publish","type":"post","link":"https:\/\/hedgehogsandfoxes.org\/index.php\/2026\/03\/08\/christine-a-corcos-more-human-than-human-more-human-than-human-how-some-science-fiction-presents-ais-claims-to-the-right-to-life-and-self-determination\/","title":{"rendered":"Christine A. Corcos, &#8220;More Human Than Human&#8221;: More Human Than Human:   How Some Science Fiction Presents AI\u2019s Claims to the Right to Life and Self-Determination"},"content":{"rendered":"<p style=\"text-align: center;\">More Human Than Human:<a href=\"#_ftn1\" name=\"_ftnref1\">[1]<\/a><\/p>\n<p style=\"text-align: center;\">How Some Science Fiction Presents AI\u2019s Claims to the Right to Life and Self-Determination<a href=\"#_ftn2\" name=\"_ftnref2\">[2]<\/a><\/p>\n<p style=\"text-align: center;\">Christine A. Corcos<a href=\"#_ftn3\" name=\"_ftnref3\"><sup>[3]<\/sup><\/a><\/p>\n<p>\u201cYou ask me what I am. Why, a machine. But even in that answer we know, don\u2019t we, more than a machine.<\/p>\n<p>I am all the people who thought of me and planned and built me and set me running. So I am people\u2026<\/p>\n<p>But I am no bear trap, I am no rifle. I am a grandmother machine, which means more than a machine.\u201d<a href=\"#_ftn4\" name=\"_ftnref4\">[4]<\/a><\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<ol>\n<li>Introduction<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<p>In the quotation above, from Ray Bradbury\u2019s \u00a0<em>I Sing the Body Electric!<\/em>, the android grandmother expresses both the attitudes of the human who observes and evaluates an android living with humans and the android who interacts with humans. The human poses the question, and the android responds. Obviously, the human expects to exert control and the android will begin by being, and then remaining, passive. Yet the android has obviously thought about the answer, and the answer is more than just a programmed response. The android is not \u201cjust\u201d a machine, or a weapon, or the sum of her programming. She is the sum of every human being who has participated in her creation, thus the descendant of those who have \u201cbuilt\u201d (created) her, and the ancestor of those who will come after her. She is a machine, but one who is ready to create on her own. She is a \u201cgrandmother\u201d machine.<\/p>\n<p>In this story Bradbury demonstrates his interest in interactions between humans and AI (androids or robots) in society. Like some other science fiction authors, Bradbury subtly contrasts the social and moral expectations of the humans with those of the AI and leaves his readers to conclude that humans create and use androids (robots) as \u201cdevices,\u201d just as they use vacuums, cars, and weapons: as machines for use, but with one important difference: androids in Bradbury\u2019s story are so like humans that it is difficult to tell the two apart.<\/p>\n<p>These androids might have immense intelligence, far greater than that possessed by humans, and they might even be able to imitate human emotions. They might be, in that sense, \u201cperfect\u201d humanoids in that they have no flaws: they are intelligent, they respond to their human owners in the ways that the humans desire, they never resent their owners, they never rebel, they never change their appearance, and, except for routine maintenance, they cost nothing. If their human creators program them according to Asimov\u2019s Laws, they will never harm humans or humanity. \u00a0\u00a0They could be humanity\u2019s salvation in terms of care and defense, allowing human beings to enjoy leisure and security.<a href=\"#_ftn5\" name=\"_ftnref5\">[5]<\/a> But their very resemblance to human beings raises the question: if even the least self-aware human being has the right to life, simply because it exists, then could AI at some point also claim that right? Or can human-created AI, simply because it is human-created, never have the legitimacy to put forward such a right? The idea that human beings, because they are human, create and become the norm for such decisions is one that it is difficult to overcome, but it is one that philosophers, lawyers, and artists wrestle with. It is also one that we see depicted in many science-fiction films and television series. Thus, who defines what personhood is becomes an important question.<a href=\"#_ftn6\" name=\"_ftnref6\">[6]<\/a> What happens if AI develops sentience and emotions? What happens if AI develops personhood? We are only now beginning to consider whether such creations, having equivalent or greater intelligence and abilities than their creators, should have the same or qualified liberties and privileges. If we do consider that question, what test should we apply to determine whether these artificial beings should have such rights?<a href=\"#_ftn7\" name=\"_ftnref7\">[7]<\/a> Some legal regimes, such as the European Union, are already beginning to take such questions seriously. <a href=\"#_ftn8\" name=\"_ftnref8\">[8]<\/a><\/p>\n<p>&nbsp;<\/p>\n<ol>\n<li>Regulating Robots: Moving From Asimov\u2019s Laws To Singer\u2019s Regime: AI and Personhood<\/li>\n<\/ol>\n<p>What are the applicable tests that film, television, and written science-fiction presents to determine whether artificial life can make a colorable claim to any kind of human rights?<\/p>\n<p>Isaac Asimov developed the first fictional legal regime to rule AI: the Three Laws of Robotics. These Laws made their appearance in 1954 and attempted to answer the questions:\u00a0 do artificial life forms have the right of self-defense and self-preservation?<a href=\"#_ftn9\" name=\"_ftnref9\">[9]<\/a> The three laws are:<\/p>\n<ol>\n<li>A robot may not injure a human being or, through inaction, allow a human being to come to harm.<\/li>\n<li>A robot must obey orders given it by human beings except where such orders would conflict with the First Law.<\/li>\n<li>A robot must protect its own existence as long as such protection does not conflict with the First or Second Law.<a href=\"#_ftn10\" name=\"_ftnref10\">[10]<\/a><\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<p>Commentators and authors have used and heavily referred to these \u201claws of robotics,\u201d as in Arthur C. Clarke\u2019s <em>2001<\/em> in which Dave, the last surviving astronaut, deactivates (\u201cmurders\u201d) HAL, the renegade computer.<a href=\"#_ftn11\" name=\"_ftnref11\">[11]<\/a> Asimov\u2019s laws justify Dave\u2019s treatment of HAL, and of robots and AI generally, as servants for human beings.<a href=\"#_ftn12\" name=\"_ftnref12\">[12]<\/a><\/p>\n<p>One of the most popular tests for sentience is the Turing Test, which Alan Turing first proposed in a 1950 paper.<a href=\"#_ftn13\" name=\"_ftnref13\">[13]<\/a> In essence, the Turing Test examines whether a computer could be programmed so that it could deceive a human who could not see it into believing that it was another human, simply through answering certain types of questions within a set period of time. Obviously, if the computer were an android that looked completely human, the two could be in the same room. Thus the iconic film <em>Blade Runner<\/em> offers the famous \u201cVoigt-Kampff test,\u201d a variant of the Turing Test, <a href=\"#_ftn14\" name=\"_ftnref14\">[14]<\/a> that Deckard uses to unmask Nexus 6 androids.<\/p>\n<p>When asked whether there is a \u201cClarke test\u201d for computer consciousness, which would be applicable both to stationary and mobile robots, Arthur C. Clarke, who created the character HAL in the novel <em>2001<\/em> responded, \u201cI\u2019ll tell you what: if it showed a really genuine sense of humor, then I&#8217;d decide it was conscious. That could be a really good test. It would have to be able to make jokes &#8211; and make jokes at its own expense.\u201d<a href=\"#_ftn15\" name=\"_ftnref15\"><sup>[15]<\/sup><\/a>\u00a0 The United Nations test in Asimov\u2019s <em>Bicentennial Man<\/em><a href=\"#_ftn16\" name=\"_ftnref16\"><em><strong>[16]<\/strong><\/em><\/a> is another human-centered test, and a stark one\u2014the test of death.<\/p>\n<p>Philosopher Peter Singer\u2019s approach offers a comprehensive way to think about personhood, combining a number of factors: \u201c(i) A rational and self-conscious being is aware of itself as an extended body existing over an extended period of time. (ii) It is a desiring and plan-making being. (iii) It contains as a necessary condition for the right to life that it desires to continue living. (iv) Finally, it is an autonomous being.\u201d<a href=\"#_ftn17\" name=\"_ftnref17\">[17]<\/a> Although science-fiction authors and filmmakers do not explicitly adopt Singer\u2019s personhood test, I would suggest that they seem to be moving closer to his approach and further from Asimov\u2019s Laws of Robotics, and have been doing so for some time.<a href=\"#_ftn18\" name=\"_ftnref18\">[18]<\/a> I argue that in many ways, the AI in the science fiction I discuss reflect the more extensive and sophisticated Singer definition of personhood.<a href=\"#_ftn19\" name=\"_ftnref19\">[19]<\/a><\/p>\n<p>We see a test more clearly approximating the Singer test in the Star Trek universe. According to the episode <em>Measure of a Man<\/em>,<a href=\"#_ftn20\" name=\"_ftnref20\"><sup>[20]<\/sup><\/a> sentience (self-awareness) is necessary to signal personhood in an android, although it may not be sufficient.<a href=\"#_ftn21\" name=\"_ftnref21\">[21]<\/a> \u00a0While the android Commander Data is loyal to StarFleet, his employer, he asserts his own right to self-determination, which contravenes the First and Second Laws, and he creates his own offspring,<a href=\"#_ftn22\" name=\"_ftnref22\">[22]<\/a> an act of volition which illustrates both self-awareness and, in the Star Trek universe, contravenes the First and Second laws because StarFleet orders him to surrender his offspring and he refuses. Even though the show references Asimov in its mention of Data\u2019s \u201cpositronic brain,\u201d Asimov\u2019s Laws do not govern Data.<\/p>\n<p>Generally speaking, however, science-fiction discussion of whether robots, or androids, being much more like human beings at least in appearance than we fully expected decades ago,<a href=\"#_ftn23\" name=\"_ftnref23\">[23]<\/a>\u00a0 includes a consideration of whether they are also entitled to at least some of the rights that human beings enjoy.<a href=\"#_ftn24\" name=\"_ftnref24\">[24]<\/a> This discussion has moved us beyond Asimov\u2019s now well-known robots\u2019 rights legal regime.<a href=\"#_ftn25\" name=\"_ftnref25\">[25]<\/a> Yet science-fiction seems to postulate that personhood also requires emotion\u2014again, an assumption that in order for AI to assert human rights, it must demonstrate an ability to \u201cfeel\u201d human. In the films, novels, stories, and television episodes I mention above, the AI described manifest emotion -anger, love, affection, loyalty- which make AI seem \u201chuman\u201d and thus allow viewers and readers to imagine AI as more like themselves (even though such AI can obviously also easily seem threatening to humans). Thus, science-fiction conceptions of AI put forward the idea that AI that develops emotions could easily assert a claim for rights, although some science-fiction conceptions of AI do not require sentient AI to manifest emotion in order make that claim. The more science-fiction images of AI mirror human beings, the more likely it is that the question of rights for AI will arise. <a href=\"#_ftn26\" name=\"_ftnref26\">[26]<\/a><\/p>\n<p>The entire question of robot rights has evolved from changing images and opinions about computers in human society. When computers first made their appearance in society,<a href=\"#_ftn27\" name=\"_ftnref27\">[27]<\/a> humans viewed them as servants.<a href=\"#_ftn28\" name=\"_ftnref28\">[28]<\/a> Indeed, they viewed them as particularly stupid servants. An entire roomful of computers could not duplicate the power of one of today\u2019s desktop or laptop PCs.<a href=\"#_ftn29\" name=\"_ftnref29\">[29]<\/a> As computers acquired more powers and abilities,<a href=\"#_ftn30\" name=\"_ftnref30\">[30]<\/a> and became ubiquitous throughout daily life, critics began to sound the alarm regarding our reliance on them, and our willingness to entrust so much power and information to them. We are now concerned about the amount of personal privacy that the Internet and computer databases now invade and will continue to invade.<a href=\"#_ftn31\" name=\"_ftnref31\">[31]<\/a> <em>Rossum\u2019s Universal Robots<\/em><a href=\"#_ftn32\" name=\"_ftnref32\"><em><strong>[32]<\/strong><\/em><\/a> has quickly evolved into scary depictions of computers that seem like robotic versions of megalomaniac human despots, like those in <em>Colossus: The Forbin Project.<\/em><a href=\"#_ftn33\" name=\"_ftnref33\"><em><strong>[33]<\/strong><\/em><\/a> Forbin\u2019s computer, \u201cColossus,\u201d and its Soviet Union analog, \u201cGuardian,\u201d believe that they know much better than the humans that created them what is best for humanity, and they proceed to take over, telling Forbin, \u201cFreedom is just an illusion.\u201d<a href=\"#_ftn34\" name=\"_ftnref34\">[34]<\/a> These two supercomputers measure \u201cthe good\u201d by AI abilities; for them human norms are irrelevant.<a href=\"#_ftn35\" name=\"_ftnref35\">[35]<\/a><\/p>\n<p>Indeed, the definition of <em>robot<\/em> has evolved from the mechanical and unthinking servants of Karel Capek\u2019s play, through Asimov\u2019s sentient but subservient beings, to today\u2019s androids (which are not robots, strictly speaking) and cyborgs: humans with surgically attached robotic parts.<a href=\"#_ftn36\" name=\"_ftnref36\">[36]<\/a> That today\u2019s robots actually <em>learn <\/em>is something else to put into the mix; if they do not need us to program them to acquire new skills, or to reprogram them, but can acquire new skills on their own, then they are well on their way to becoming self-aware.<a href=\"#_ftn37\" name=\"_ftnref37\">[37]<\/a> Thus, any legal system wishing to encompass the notion of robot rights needs to identify very carefully what sort of being it is discussing.<a href=\"#_ftn38\" name=\"_ftnref38\">[38]<\/a> Further, one of the continuing concerns of both scholarly literature and science fiction on artificial intelligence (AI) is the possibility that these constructs will inevitably escape the limits that humans intend to place on them and evolve into a kind of life that challenges humanity for legal and moral recognition. Mary Shelley posed the question in <em>Frankenstein,<\/em> and science-fiction writers have continued to ponder it.<a href=\"#_ftn39\" name=\"_ftnref39\">[39]<\/a> The inquiry is fundamental: what right do humans have to create an (ever closer) imitation of themselves and yet demand that it remain subservient to them?<a href=\"#_ftn40\" name=\"_ftnref40\">[40]<\/a><\/p>\n<p>Even more than a discussion of the rights of alien life forms, a discussion of rights for AI life forms raises significant problems \u2013 two in particular. As creators of AI we want to continue to control the environment in which they operate.<a href=\"#_ftn41\" name=\"_ftnref41\">[41]<\/a> We would prefer that our inventions not attempt to take over our universe, or demand at least equal treatment for themselves in a universe that we control. Similarly, we have difficulty relinquishing total control of rights decision-making in order to make a place for non-human, non-Earth-based life forms.<\/p>\n<p>We don\u2019t consider computers and artificially based life to be <em>alive<\/em> as we use the term in normal conversation.\u00a0 The creation of a sentient computer<a href=\"#_ftn42\" name=\"_ftnref42\">[42]<\/a> is even more frightening than the creation of human life through artificial technologies. Cloning, after all, presupposes existing biological life, leaving the question of a First Cause open. We do not speak of \u201ccloning\u201d a robot. Artificial intelligence and artificial life push the First Cause farther into the domains of philosophy and religion, since to a large extent the First Cause for artificial intelligence is not a perfect superior being, but a flawed human one.<a href=\"#_ftn43\" name=\"_ftnref43\">[43]<\/a> Further, if we can create life, even artificial life, we have much less ammunition in our arsenal to assert that our particular belief system is superior to any other, hence meritorious of being imposed on others.<\/p>\n<ul>\n<li>Some Examples of Specific Popular Culture: Science-Fiction AI and Its Claims to Sentience and Self-Determination<\/li>\n<\/ul>\n<ol>\n<li>Specific Types of AI in Science-Fiction Popular Culture<\/li>\n<\/ol>\n<p>A number of specific types of AI exist in science-fiction popular culture, from the earliest type that vaguely tends to resemble human beings, at least outwardly, to computers that look much more like the traditional box-like machines that occupied entire rooms, and now fit into one\u2019s pocket, or are even smaller. Still newer is the AI that exists as \u201cpure\u201d intelligence, and infiltrates and takes over our lives. Of all the pop culture manifestations of AI, this third type may be the most frightening. The first type, the oldest type, is the most familiar, from films and television shows like <em>The Day the Earth Stood Still<\/em><a href=\"#_ftn44\" name=\"_ftnref44\"><em><strong>[44]<\/strong><\/em><\/a> and <em>Lost in Space,<\/em><a href=\"#_ftn45\" name=\"_ftnref45\"><em><strong>[45]<\/strong><\/em><\/a> and later made much more humanoid in films like <em>Bicentennial Man<\/em><a href=\"#_ftn46\" name=\"_ftnref46\"><em><strong>[46]<\/strong><\/em><\/a> and <em>Blade Runner.<\/em><a href=\"#_ftn47\" name=\"_ftnref47\"><em><strong>[47]<\/strong><\/em><\/a> A subset of this type is the \u201ccuddly\u201d robot, which appears in films like <em>Short Circuit<\/em><a href=\"#_ftn48\" name=\"_ftnref48\"><em><strong>[48]<\/strong><\/em><\/a> and <em>Star Wars.<\/em><a href=\"#_ftn49\" name=\"_ftnref49\"><em><strong>[49]<\/strong><\/em><\/a> The IBM machine-like computer depicted in such films as <em>Colossus: The Forbin Project<\/em><a href=\"#_ftn50\" name=\"_ftnref50\"><em><strong>[50]<\/strong><\/em><\/a> and <em>War Games<\/em><a href=\"#_ftn51\" name=\"_ftnref51\"><em><strong>[51]<\/strong><\/em><\/a> is less immediately frightening, but its size coupled with an ominous voice, often signals danger to both the characters and the audience.\u00a0 Finally, the \u201cpure\u201d type of AI, evidenced in the <em>X-Files<\/em> episode \u201cKill Switch,\u201d<a href=\"#_ftn52\" name=\"_ftnref52\">[52]<\/a> depicts an artificial intelligence gone rogue and threatening any human attempting to destroy it.<\/p>\n<ol>\n<li><em>Bicentennial <\/em>Man and the Choice To Be Human<\/li>\n<\/ol>\n<p>In <em>Bicentennial Man, <\/em>based on an Isaac Asimov short story, an artificial lifeform\u2019s abilities to mimic human characteristics are both the measure of \u201chuman-ness\u201d and the measure of danger to humanity. Human characteristics are more desirable than non-human ones. Human weaknesses are to be protected, and non-human strengths must be compensated for.<a href=\"#_ftn53\" name=\"_ftnref53\"><sup>[53]<\/sup><\/a> Andrew the sentient robot asks an international court to allow him to \u201cbe human,\u201d so that \u201che\u201d can marry. The international tribunal refuses on the grounds that death is a necessary part of the human experience. Because Andrew cannot experience the fear or omnipresence of death, he can never really understand what \u201cbeing human\u201d means.<a href=\"#_ftn54\" name=\"_ftnref54\"><sup>[54]<\/sup><\/a> Yet, the film\u2019s dramatization of Andrew\u2019s desires both to marry and (because he wishes to validate that right) to experience death, present both traditional human marriage and human death as good, proper, desirable, and as sensible for an android to seek out, presumably because it has spent its existence among humans. That an android might privilege other goals is not a point of view that most humans in the film or short story on which the film is based consider. Andrew, as a character, wishes to become human; for the android that is the highest possible goal.<\/p>\n<p>&#8220;I was very much against the operation, Andrew,&#8221; Magdescu said, &#8220;but not for the reasons you might think. I was not in the least against the experiment, if it had been on someone else. I hated risking your positronic brain. Now that you have the positronic pathways interacting with simulated nerve pathways, it might have been difficult to rescue the brain intact if the body had gone bad.&#8221; \u201c\u2026My body is a canvas on which I intend to draw . . .&#8221; Magdescu waited for the sentence to he completed, and when it seemed that it would not be, he completed it himself. &#8220;A man?&#8221; &#8220;We shall see,&#8221; Andrew said. &#8220;That&#8217;s a puny ambition, Andrew. You&#8217;re better than a man. You&#8217;ve gone downhill from the moment, you opted to become organic.&#8221; &#8220;My brain has not suffered.&#8221; &#8220;No, it hasn&#8217;t. I&#8217;ll grant you that. But, Andrew, the whole new breakthrough in prosthetic devices made possible by your patents is being marketed under your name. You&#8217;re recognized as the inventor and you&#8217;re being honored for it-as you should be. Why play further games with your body?&#8221; Andrew did not answer.<a href=\"#_ftn55\" name=\"_ftnref55\">[55]<\/a><\/p>\n<p>Andrew does not answer because for him the answer is obvious; the highest goal is to be \u201chuman.\u201d Being an android is \u201csecond-best.\u201d It is non-human; it is \u201cother.\u201d It is to be not of the creator, not of the dominant group. It is to be completely subservient, even though by the time Andrew undergoes the operations that make him at least outwardly human in appearance, he is the only android who has rights equivalent to those of humans.<a href=\"#_ftn56\" name=\"_ftnref56\">[56]<\/a> He prefers being human to being android, even though the choice to be human entails a choice to die rather than to live forever.<\/p>\n<p><em>Bicentennial Man<\/em> obviously demonstrates the Asimovian legal regime at work; Andrew cannot act in a manner that is contrary to his human-created programming and he cannot make the decision to privilege an android existence above a human one. Ultimately, in order to be human, he must surrender the functioning of his \u201cpositronic brain,\u201d and to reach that goal he surrenders his immortality.<\/p>\n<ol>\n<li><em>Blade Runner <\/em>and Imposed Limitations<\/li>\n<\/ol>\n<p>The replicants in <em>Blade Runner<\/em> reject the limitations of Asimovian programming, and other limitations that their human creators and human law have imposed on them. They return to Earth from \u201coff-world,\u201d a violation of the law, because they have discovered that they have a limited life span that their creator, Dr. Tyrell, has imposed on them because of their intelligence and physical power. If they did not have a termination date, and humans did not ban them from Earth, they would pose an overwhelming threat to the human race. \u201cBlade runners\u201d like Rick Deckard, the main character in the film, licensed to track down and destroy replicants who violate the laws against returning to earth (or violate other laws) find their job profoundly disturbing, precisely because the replicants are so similar to humans. In order to distance themselves from the job, they call what they do \u201cretiring\u201d the replicants rather than \u201cexecuting\u201d or \u201ckilling\u201d them. The very word \u201creplicant\u201d implies that the beings are not human\u2014they are reproductions. \u00a0They are imitations of human beings rather than originals of anything.<\/p>\n<p>For cyborgs and for extremely advanced androids, like the Nexus 6 in <em>Blade Runner,<\/em> death is the cessation of all \u201cpositronic brain\u201d activity,<a href=\"#_ftn57\" name=\"_ftnref57\">[57]<\/a> as the Nexus 6 Roy Batty indicates in his final words, \u201cI&#8217;ve seen things you people wouldn&#8217;t believe. Attack ships on fire off the shoulder of Orion. I watched c-beams glitter in the dark near the Tannh\u00e4user Gate. All those moments will be lost in time, like tears in rain. Time to die.\u201d<a href=\"#_ftn58\" name=\"_ftnref58\">[58]<\/a>\u00a0 Throughout <em>Blade Runner,<\/em> Batty, who is after all only four years old in human years, continually points out the differences between himself and Deckard, noting ultimately that death is inevitable and that he is willing to save Deckard, a man who wants to end his existence, at the cost of his own existence.<a href=\"#_ftn59\" name=\"_ftnref59\">[59]<\/a> Batty dies for Deckard, but not as an Asimovian robot would.<\/p>\n<p>Compare Roy Batty\u2019s self-awareness and claims to life with those of Rachael, another Nexus 6, who is stunned to discover that the memories that are so much a part of her identity are not really hers at all. \u201cThey\u2019re anybody\u2019s memories. They\u2019re Tyrell\u2019s nieces.\u201d<a href=\"#_ftn60\" name=\"_ftnref60\">[60]<\/a> Rachael, bewildered, begins to abandon her self-awareness at this point, as Deckard asks the question, \u201cHow can it not know what it is?\u201d For him, Rachael is an \u201cit.\u201d Deckard determines whether a being is an android or a human by administering the Voigt-Kampff test, a complex series of questions, which determines primarily whether the being responds to emotions. The test eliminates the possibility of rights for replicants, because only humans are capable of feeling emotion.<\/p>\n<ol>\n<li>&#8220;Number Five Is Alive!\u201d: <em>Short Circuit<\/em><\/li>\n<\/ol>\n<p>Films like <em>Making Mr. Right<\/em>,<a href=\"#_ftn61\" name=\"_ftnref61\"><sup>[61]<\/sup><\/a> <em>The Companion<\/em><a href=\"#_ftn62\" name=\"_ftnref62\"><sup>[62]<\/sup><\/a> and <em>Bicentennial Man<\/em><a href=\"#_ftn63\" name=\"_ftnref63\"><sup>[63]<\/sup><\/a> feature androids built to assist humans, unlike the film <em>Short Circuit<\/em>, which features an adorable and seemingly non-threatening robot.<a href=\"#_ftn64\" name=\"_ftnref64\"><sup>[64]<\/sup><\/a>\u00a0 The 1986 movie is a modernization and adaptation of Mary Shelley\u2019s creation story Frankenstein,<a href=\"#_ftn65\" name=\"_ftnref65\"><sup>[65]<\/sup><\/a>\u00a0 centering on the adventures of robot \u201cJohnny Five\u201d that escapes the confines of the facility at which it and its four robot companions\u00a0 have been developed for military uses<a href=\"#_ftn66\" name=\"_ftnref66\"><sup>[66]<\/sup><\/a> (in other words, to serve and protect humans). \u201cJohnny Five\u201d, or \u201cNumber Five\u201d, is accidentally hit by lightning, which fries its circuits and brings it to sentience, much as an electrical storm animates Dr. Frankenstein\u2019s monster.<a href=\"#_ftn67\" name=\"_ftnref67\"><sup>[67]<\/sup><\/a>\u00a0 Number Five\u2019s designer, Dr. Norman Crosby, however, had no intention of creating life, and has a great deal of trouble believing Number Five\u2019s self-appointed protector, Stephanie Speck,<a href=\"#_ftn68\" name=\"_ftnref68\"><sup>[68]<\/sup><\/a> \u00a0when she assures him that the unbelievable has happened. Life, in Number Five\u2019s case, is accidental, raising the question of what the relationship is between its existence and the electrical spark.<a href=\"#_ftn69\" name=\"_ftnref69\"><sup>[69]<\/sup><\/a> Number Five translates demands for \u201cinput,\u201d that is, a method of obtaining information with which it is already familiar, into a useful means of orienting itself to the world. Like Rhoda the Robot in the television series <em>My Living Doll<\/em>,<a href=\"#_ftn70\" name=\"_ftnref70\"><sup>[70]<\/sup><\/a> \u00a0and Vicki in <em>Small Wonder<\/em>,<a href=\"#_ftn71\" name=\"_ftnref71\"><sup>[71]<\/sup><\/a> Number Five discovers that the world of humans frequently makes no logical sense. Stephanie initially believes that Number Five is an alien, and shouts joyfully, \u201cI knew they\u2019d pick me!\u201d<a href=\"#_ftn72\" name=\"_ftnref72\">[72]<\/a> When Stephanie explains to Number Five that its<a href=\"#_ftn73\" name=\"_ftnref73\"><\/a> creator plans to take it back to the secret facility where it originated and \u201cfix [its] programming,\u201d the robot understands the phrase as \u201cdisassemble,\u201d equivalent to \u201cdead\u201d and decides that it does not want to die. It embarks on a crusade to save its life and educate its creator on the subject of the very real claims of AI to self-determination. It quickly develops its own sense of purpose, which is diametrically opposed to its creator\u2019s original intention. Long after Number Five displays obvious signs of sentience, Crosby continues to insist that \u201cit\u201d is only a robot, thus still controllable. Indeed, Number Five\u2019s refrain, \u201cNumber Five is alive!\u201d indicates that the robot is sentient. It knows its name, and it knows its condition: \u201calive\u201d as opposed to \u201cdisassembled,\u201d the fate that awaits it back at the company.<\/p>\n<p>We can examine <em>Short Circuit<\/em> as a film that re-defines the question of what AI is and whether we should recognize its personhood. <em>Short Circuit <\/em>more clearly approximates the Singer definition of AI than it does the Asimovian regime, even though some of the characters in the film believe that the robots in the film were developed using Asimov\u2019s Laws. It also references Clarke\u2019s test.<\/p>\n<p>It can do so more easily than other films because it is a comedy; thus both its human and AI characters are less threatening than those in a drama would be. Number Five does not look like an android. It looks like a \u201ccute\u201d monster. It begins its journey to personhood as a weapon, and the one character in the early part of the film that understands how dangerous it is, is the military man Skroeder. \u00a0Crosby and his team try to track down Number Five using its own signaling devices, and send it instructions, including an order to power itself down, which it ignores, mystifying the scientists. \u00a0Crosby\u2019s supervisor, Dr. Howard Marner, says, \u201cHow can it refuse to turn itself off?\u201d The military man, Skroeder, comes closer than anyone knows to identifying the problem when he suggests, \u201cMaybe it\u2019s pissed off.\u201d Responds Crosby with misplaced self-assurance: \u201cIt\u2019s a machine, Skroeder. It doesn\u2019t get pissed off. It doesn\u2019t laugh at your jokes.\u00a0 <em>It just runs programs<\/em>.\u201d<a href=\"#_ftn74\" name=\"_ftnref74\"><sup>[74]<\/sup><\/a><\/p>\n<p>Once the group realizes that Number Five has really \u201cgone rogue\u201d (that is, moved beyond its creator\u2019s effective control and well on its way to developing free will),<a href=\"#_ftn75\" name=\"_ftnref75\"><sup>[75]<\/sup><\/a> and unfortunately still armed, (that is, able to defend itself) Skroeder again identifies the problem: \u00a0\u201cIt could decide to blow away anything that moves.\u201d The use of the word \u201cdecides\u201d is significant. Skroeder\u2019s anthropomorphizing of Number Five demonstrates that he understands instinctively that Number Five is possibly unpredictable: a characteristic both of out of control technology and of human beings, although he doesn\u2019t know why (that is, he hasn\u2019t done the analysis). Unknowingly, he senses the truth. Number Five is now a sentient\u00a0being that can make decisions. Number Five has free will. Of course, both Skroeder and Marner assume that a piece of military technology would necessarily be destructive. That it could decide not to take any destructive action is not within their frame of reference. Why would a machine capable of destruction deliberately decide not to destroy? Human beings have trouble making that decision daily. Worries Marner, \u201cWhat if it goes out and melts down a busload of nuns?\u201d Frightened at the possibility of runaway technology,<a href=\"#_ftn76\" name=\"_ftnref76\"><sup>[76]<\/sup><\/a> which is bad for public relations if nothing else, the military decides to destroy Number Five. Snarls Skroeder, \u201cWhatever it takes to put that stupid contraption out of commission, gentlemen, that\u2019s what you do.\u201d<\/p>\n<p>Number Five also attacks to defend itself (when it makes and carries out a successful plan to attack other robots sent to destroy it) as well as Stephanie (when it attacks her ex-boyfriend), and we see it conceal itself successfully. Thus it demonstrates the ability to plan, the desire to exist and to continue its existence, and the wish to act autonomously, all part of Singer\u2019s test for personhood. Number Five has decided, however, only to attack when someone or something attacks it or someone it cares about. It has transformed itself from a one-dimensional weapon to a multi-dimensional being, which demonstrates its ability to make decisions about its future (assert its right to self-determination), ultimately deciding to remain with Stephanie and Crosby as part of their \u201cfamily.\u201d In one of the last scenes of the film, we also see Crosby telling Number Five a joke, and Number Five laughing heartily, thus fulfilling Arthur C. Clarke\u2019s ultimate test of computer consciousness.<a href=\"#_ftn77\" name=\"_ftnref77\"><sup>[77]<\/sup><\/a><\/p>\n<p>Number Five seems non-threatening to the audience because although it does not outwardly resemble a human it is friendly and eager to discover life and love. Its loyalty to Stephanie, and eventually to Crosby, resembles Data\u2019s faithfulness to his Star Fleet comrades. Both Number Five\u2019s outward appearance and its behavior signal that it understands human norms, although even by the end of the film we are not certain if human norms truly govern Number Five\u2019s approach to life. After all, Stephanie and Crosby must rein in its enthusiasm for destruction and we are not certain if, absent their presence, Number Five would carry out a destructive or fatal strike against Stephanie\u2019s mean-spirited boyfriend, for example, or against Skroeder. For Number Five, \u201cdisassembling\u201d (death) is the ultimate evil.\u00a0 We are not sure that Number Five would give up its life for someone it doesn\u2019t care for.<a href=\"#_ftn78\" name=\"_ftnref78\">[78]<\/a><\/p>\n<p>For other popular culture robots, \u201cwiping clean\u201d or physical destruction is the equivalent of \u201cNumber Five\u2019s \u201cdisassembling.\u201d\u00a0 That humans might not choose to replace worn out parts, or might choose to destroy or \u201creprogram\u201d an android and that robots that become sentient might object to such destruction or reprogramming is a recurring theme in science-fiction. For androids, reprogramming or destruction is the equivalent of death because it causes the destruction of the android \u201cself.\u201d That is the choice Ted Rice makes when his robot wife becomes suddenly assertive in William F. Nolan\u2019s first published short story <em>The Joy of Living<\/em>.<a href=\"#_ftn79\" name=\"_ftnref79\">[79]<\/a>\u00a0 She is so perfect that Ted decides he simply can\u2019t stand her; only when she objects does he relent, discovering that assertiveness is actually attractive. \u201cMen built me, gave me human impulses, human desires, put into me part of themselves, part of their own humanity\u2026I feel a <em>human <\/em>hunger, a <em>human<\/em> thirst, a desire to be respected for myself, as I respect others, a desire to be loved as I love others.\u201d<a href=\"#_ftn80\" name=\"_ftnref80\">[80]<\/a> \u201cDeath\u201d for androids and robots is having their memories \u201cwiped clean,\u201d often followed by reprogramming. If humans cannot reprogram androids, then they will destroy them.<\/p>\n<p>Although Number Five\u2019s affectionate feelings for Stephanie may not rise to the level of love, they are obviously an emotional attachment. However, the film <em>Electric Dreams<\/em><a href=\"#_ftn81\" name=\"_ftnref81\"><sup>[81]<\/sup><\/a> explores what might happen if a computer and its owner fall in love with the same human female. The computer tries to derail the man\u2019s relationship, but eventually commits \u201csuicide\u201d to take itself out of the picture. <a href=\"#_ftn82\" name=\"_ftnref82\">[82]<\/a><\/p>\n<ol>\n<li>Conclusion: Science-Fiction\u2019s Tests for Sentience<\/li>\n<\/ol>\n<p>Asimov provided science-fiction novelists and filmmakers with the foundations of a workable legal regime for the evaluation of robot behavior. His robot laws focus primarily on humans as the creators of AI. Such laws assume that should AI actually acquire sentience, that AI would necessarily privilege human norms over AI norms in creating and maintaining AI behavior. These assumptions are natural, but fail to take into account increasing acceptance of human diversity and growing understanding of what \u201chumanity\u201d and \u201cpersonhood\u201d actually mean.<\/p>\n<p>As writers and filmmakers have pushed the limits of creativity, they have sought different philosophies and legal regimes that can allow them to explore viable claims for personhood and self-determination for AI constructs. In their artistic work, they have used AI as a proxy for minorities, the unrepresented, and the oppressed parties in society to explore legal issues implicating human rights. Increasingly, though, they are using \u00a0actual AI in order to explore to what extent human norms, and more specifically, Western norms, are effective, practical, and\/or appropriate ones to use in deciding whether advocates \u00a0can and\/or should advance human rights claims on behalf on this new, emerging \u00a0as a minority, unrepresented, and oppressed class.<\/p>\n<p>&nbsp;<\/p>\n<p>______________________________<\/p>\n<p>This article was originally published in the Oxford Journal of Socio-Legal Studies, Hilary Term, 2017.<\/p>\n<p>It is reprinted here under a <a href=\"http:\/\/creativecommons.org\/licenses\/by-nc\/4.0\/\" rel=\"license\">Creative Commons Attribution-NonCommercial 4.0 International License<\/a>. I cannot link to the original source because it is no longer available online. The link given does not lead to the journal.<\/p>\n<p>___________________<\/p>\n<p>&nbsp;<\/p>\n<p><strong>\u00a0<\/strong><\/p>\n<p><a href=\"#_ftnref1\" name=\"_ftn1\">[1]<\/a> The Tyrell Corporation, the company that makes \u201creplicants\u201d in the film <em>Blade Runner<\/em> uses the motto \u201cMore human than human\u201d (Warner Brothers, 1982). In the novel <em>Do Androids Dream of Electric Sheep?<\/em> Philip K. Dick never uses the term \u201creplicant,\u201d instead referring to the AI as \u201candroids.\u201d<\/p>\n<p><a href=\"#_ftnref2\" name=\"_ftn2\">[2]<\/a> I presented portions of this essay at the Law and Society Association conference, New Orleans, LA, June 3, 2016. I thank the members of the panel, including Professors Michael Asimow and Peter Robson, for their helpful comments on the essay. I also wish to thank W. Chase Gore (LSU Law, 2017) for research assistance, Melanie Sims (LSU Law Center Library) for assistance in obtaining research materials, and Cynthia Virgillio for secretarial assistance.<\/p>\n<p><a href=\"#_ftnref3\" name=\"_ftn3\">[3]<\/a>\u00a0 Richard C. Cadwallader Associate Professor of Law, Louisiana State University Law Center; Associate Professor of Women\u2019s and Gender Studies, Baton Rouge, Louisiana.\u00a0 This article is one in a series on rights talk in popular culture. See also Christine A. Corcos, <em>Visits To a Small Planet: Rights Talk in Some Science Fiction Film and Television Series From the 1950s to the 1990s, <\/em>(2009) 39 Stetson L. Rev. 183, \u201cI Am Not a Number: I Am a Free Man!\u201d25 Legal Stud. F. 471-483 (2001), and <em>Double Take: A Second Look at Law, Science Fiction and Cloning. <\/em>(with Corcos and Stockhoff), (1999) 59 <u>La. L. Rev<\/u>. 1041-1099. I presented portions of this essay at the Law and Society Association conference, New Orleans, LA, June 3, 2016. I thank the members of the panel, including Professors Michael Asimow and Peter Robson, for their helpful comments on the essay. I also wish to thank Carolina De La Pena (LSU Law, 2017) and the staff of the LSU Law Center Library for research assistance with this essay.<\/p>\n<p><a href=\"#_ftnref4\" name=\"_ftn4\">[4]<\/a> Ray Bradbury, <em>I Sing the Body Electric!<\/em> In I Sing the Body Electric! and Other Stories (NY: William Morrow, 1998, reprint) at 115.<\/p>\n<p><a href=\"#_ftnref5\" name=\"_ftn5\">[5]<\/a> Says one expert, \u201c`I think it\u2019s a bad use of a human to spend 20 years of their life driving a truck back and forth across the United States\u2026That\u2019s not what we aspire to do as humans \u2014 it\u2019s a bad use of a human brain \u2014 and automation and basic income is a development that will free us to do lots of incredible things that are more aligned with what it means to be human.\u2019\u201d\u00a0 Farhad Manjoo, <em>A Plan In Case Robots Take the Jobs: Give Everyone a Paycheck, <\/em>New York Times, March 2, 2016, at <a href=\"http:\/\/www.nytimes.com\/2016\/03\/03\/technology\/plan-to-fight-robot-invasion-at-work-give-everyone-a-paycheck.html?emc=edit_th_20160303&amp;nl=todaysheadlines&amp;nlid=9584051&amp;_r=1\">http:\/\/www.nytimes.com\/2016\/03\/03\/technology\/plan-to-fight-robot-invasion-at-work-give-everyone-a-paycheck.html?emc=edit_th_20160303&amp;nl=todaysheadlines&amp;nlid=9584051&amp;_r=1<\/a> (visited April 11, 2016). Published as Farhad Manjoo, <em>A Plan In Case Robots Take the Jobs: Give Everyone a Basic Income, <\/em>New York Times, March 3, 2016, at B1.<\/p>\n<p><em>\u00a0<\/em><\/p>\n<p><a href=\"#_ftnref6\" name=\"_ftn6\">[6]<\/a>F. Patrick Hubbard, <em>\u201cDo Androids Dream?\u201d: Personhood and Intellectual Artifacts\u201d, <\/em>(2011) 83 Temp. L. Rev. 405, discusses treatment of personhood in some sf novels, beginning with Mary Shelley\u2019s Frankenstein and Isaac Asimov\u2019s Robot novels at 455-473.\u00a0 In this essay I discuss personhood only as it applies to manufactured beings, not in relation to humans or animals.<\/p>\n<p><a href=\"#_ftnref7\" name=\"_ftn7\">[7]<\/a> Only rarely and recently do some theorists suggest that human norms, including sentience, have no relevance at all to AI. In the alternative, some argue that AI cannot by definition demonstrate sentience or independent action, because humans program all AI. See Alex Knapp, <em>Should Artificial Intelligences Be Granted Civil Rights?<\/em> Forbes, Apr. 4, 2011, at <a href=\"http:\/\/www.forbes.com\/sites\/alexknapp\/2011\/04\/04\/should-artificial-intelligences-be-granted-civil-rights\/#3851c0f877b2\">http:\/\/www.forbes.com\/sites\/alexknapp\/2011\/04\/04\/should-artificial-intelligences-be-granted-civil-rights\/#3851c0f877b2<\/a> (visited May 11, 2016). I am not discussing either of those position in this essay; I am solely interested in the view, articulated in many sf novels and films, that human (and sometimes humanoid) norms of personhood, including sentience (however defined), should govern whether AI receives rights.<\/p>\n<p><a href=\"#_ftnref8\" name=\"_ftn8\">[8]<\/a> <em>See <\/em>European Parliament. Draft Report with Recommendations to the Commission on Civil Law Rules on Robotics (2015\/2103(INL)), Committee on Legal Affairs, published 31.5.2016 at 4\/22.<\/p>\n<p>&nbsp;<\/p>\n<p><a href=\"#_ftnref9\" name=\"_ftn9\">[9]<\/a>Asimov first published these laws in his short story \u201cRunaround.\u201d (Astounding Science Fiction, 1942).\u00a0\u00a0 He refers to them in the short story \u201cFeminine Intuition,\u201d in <em>The Bicentennial Man and Other <\/em>Stories (NY: Doubleday, 1976), at 6. He later added a law zeroth: A robot may not injure humanity or, through inaction, allow humanity to come to harm in <em>Robots and Empire<\/em> (Doubleday, 1985)<u>.<\/u> Note that law zero could conflict dramatically with the First Law. Do I hear any requests for the development of \u201cConflicts of law\u201d in the laws of robotics sphere? Other \u201cunified laws\u201d have made their appearance, including Arthur C. Clarke\u2019s statement:<\/p>\n<table>\n<tbody>\n<tr>\n<td width=\"624\">WhWhen a distinguished but elderly scientist states that something is possible, he is almost certainly right. When he states that something is impossible, he is very probably wrong (Profiles of the Future, 1962), The only way to discover the limits of the possible is to go beyond them into the impossible (Report on Planet Three, 1972) and Any sufficiently advanced technology is indistinguishable from magic (Report on Planet Three, 1972).<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p>For an examination of the implications of Asimov\u2019s laws on robotics development see http:\/\/www.beachbrowser.com\/Archives\/Science\u2011and\u2011Health\/November\u20112000\/Asimovs\u2011Laws\u2011of\u2011Robotics.htm (last visited January 25, 2001) and http:\/\/www.cni.org\/pub\/LITA\/Think\/Bailey.html (January 25, 2001).<\/p>\n<p><a href=\"#_ftnref10\" name=\"_ftn10\">[10]<\/a> See Neil Frude, <em>The Robot Heritage<\/em> (London: Portland House, 1984) at 98.\u00a0 At least one legal scholar recognized years ago that we might have to deal with the question of personhood and robot rights sooner rather than later. <em>See<\/em> Dennis J. Tuchler, <em>Man-Made Man and the Law, <\/em>(1978-1979) \u00a022 Saint Louis University Law Journal 310 at 320-325.\u00a0 For an up to date overview of robotics and law, see Ryan Calo, A. Michael Froomkin &amp; Ian Kerr, eds. <em>Robot Law<\/em> ( (Edward Elgar Publishing, 2016).<\/p>\n<p>\u201cThe Zeroth Law is: `A robot may not injure humanity, or, through inaction, allow humanity to come to harm.\u2019 This automatically means that the First Law must be modified to be: `A robot may not injure a human being, or, through inaction, allow a human being to come to harm, except where that would conflict with the Zeroth Law.\u2019 And similar modifications must be made in the Second and Third Laws.\u201d\u00a0 See Isaac Asimov, <em>Foundation and Earth<\/em> (Garden City: NY, Doubleday, 1986) at 347.<\/p>\n<p><a href=\"#_ftnref11\" name=\"_ftn11\">[11]<\/a> HAL would, I think, make the argument that he has every right to defend himself, an argument that the astronauts and the government would deny. But the point is that if HAL is sentient, then HAL might have exactly that right.<\/p>\n<p><a href=\"#_ftnref12\" name=\"_ftn12\">[12]<\/a> Certainly that is the concern in the Star Trek: The Next Generation episodes <em>Measure of a Man<\/em> and <em>The Offspring.<\/em><\/p>\n<p><a href=\"#_ftnref13\" name=\"_ftn13\">[13]<\/a> Turing, A. M. (1950) Computing machinery and intelligence, Mind 50: 433-460. See also \u201cThe Turing Test,\u201d in Stanford Encyclopedia of Philosophy, at <a href=\"http:\/\/plato.stanford.edu\/entries\/turing-test\/\">http:\/\/plato.stanford.edu\/entries\/turing-test\/<\/a> (visited April 13, 2016).<\/p>\n<p><a href=\"#_ftnref14\" name=\"_ftn14\">[14]<\/a> In 2003, <em>Wave<\/em> Magazine \u201cgave\u201d the Voigt-Kampff test to the six candidates running for Mayor of San Francisco. According to the magazine, the eventual winner, Gavin Newsom, is a Replicant. See Charlie Jane Anders, <em>When a Newspaper Gave Blade Runner\u2019s Replicant Test to Mayor Candidates, <\/em>io9, Feb. 23, 2015, at <a href=\"http:\/\/io9.gizmodo.com\/when-a-newspaper-gave-blade-runners-replicant-test-to-m-1687558534\">http:\/\/io9.gizmodo.com\/when-a-newspaper-gave-blade-runners-replicant-test-to-m-1687558534<\/a> (visited April 17, 2016).<\/p>\n<p><a href=\"#_ftnref15\" name=\"_ftn15\">[15]<\/a>http:\/\/www.wirednews.com\/wired\/archive\/\/5.01\/ffclark.html?person=marvin_minsky&amp;topic_set=wiredpeople (last visited January 25, 2001).\u00a0 The study of sarcasm detection is fairly new but also already fairly deep. <em>See for example<\/em> Erik Forslid and Niklas Wiken, Automatic irony- and sarcasm detection in social media, at <a href=\"http:\/\/uu.diva-portal.org\/smash\/get\/diva2:852975\/FULLTEXT01.pdf\">http:\/\/uu.diva-portal.org\/smash\/get\/diva2:852975\/FULLTEXT01.pdf<\/a> (visited Feb. 11, 2016).<\/p>\n<p><a href=\"#_ftnref16\" name=\"_ftn16\">[16]<\/a> \u00a0Isaac Asimov, <em>The Bicentennial Man,<\/em> in The Bicentennial Man and Other Stories (NY: Perennial Books, 1976)\u00a0 at 38-39.<\/p>\n<p><a href=\"#_ftnref17\" name=\"_ftn17\">[17]<\/a> John Hymers, <em>Not a Modest Proposal,<\/em> (1999) 6(2) Ethical Perspectives 126-138 at 127.<\/p>\n<p><a href=\"#_ftnref18\" name=\"_ftn18\">[18]<\/a> The Committee on Legal Affairs of the European Parliament responsible for making recommendations on the issue of what rules should govern robots seems to have begun with the notion that Asimow\u2019s laws are still of importance, although it recognizes that those rules are \u201cdirected at the designers, producers and operators of robots, since those laws cannot be converted into machine code;\u201d European Parliament. Draft Report with Recommendations to the Commission on Civil Law Rules on Robotics (2015\/2103(INL)), Committee on Legal Affairs, published 31.5.2016 at 4\/22.<\/p>\n<p><a href=\"#_ftnref19\" name=\"_ftn19\">[19]<\/a> Singer explicitly uses his test in work designed to argue for animal rights. See e.g. Peter Singer, <em>Animal Liberation: A New Ethics for our Treatment of Animals<\/em> (Random House, 1975).<\/p>\n<p><a href=\"#_ftnref20\" name=\"_ftn20\">[20]<\/a>Air date February 11, 1989<\/p>\n<p><a href=\"#_ftnref21\" name=\"_ftn21\">[21]<\/a> Robots may already have passed the \u201cself-awareness\u201d test. See Duncan Geere, <em>Uh-oh, a Robot Just Passed the Self-Awareness Test, <\/em>TechRadar, July 16, 2015, at <a href=\"http:\/\/www.techradar.com\/news\/world-of-tech\/uh-oh-this-robot-just-passed-the-self-awareness-test-1299362\">http:\/\/www.techradar.com\/news\/world-of-tech\/uh-oh-this-robot-just-passed-the-self-awareness-test-1299362<\/a> (visited April 11, 2016).<\/p>\n<p><a href=\"#_ftnref22\" name=\"_ftn22\">[22]<\/a> Airdate 12 March 1990.<\/p>\n<p><a href=\"#_ftnref23\" name=\"_ftn23\">[23]<\/a>Although we should have. Robots that do not look like humans are not as cuddly. See for example Heather Knight, <em>How Humans Respond to Robots: Building Public Policy Through Good Design<\/em>, at http:\/\/www.brookings.edu\/research\/reports2\/2014\/07\/how-humans-respond-to-robots (visited June 20, 2016).<\/p>\n<p><a href=\"#_ftnref24\" name=\"_ftn24\">[24]<\/a> Legal scholars have already begun the discussion. See F. Patrick Hubbard, F. Patrick Hubbard, <em>\u201cDo Androids Dream?\u201d: Personhood and Intellectual Artifacts, <\/em>(2011) 83 Temp. L. Rev. 405, \u00a0Andrea Roth, <em>Trial by Machine,<\/em> available at <a href=\"http:\/\/papers.ssrn.com\/sol3\/papers.cfm?abstract_id=2743800\">http:\/\/papers.ssrn.com\/sol3\/papers.cfm?abstract_id=2743800<\/a> (forthcoming in Georgetown Law Journal, 2016); Lawrence B. Solum, <em>Legal Personhood For Artificial Intelligences,<\/em> (1992) 70 N.C.L. Rev. 1231<\/p>\n<p>&nbsp;<\/p>\n<p><a href=\"#_ftnref25\" name=\"_ftn25\">[25]<\/a> See Frude (n 10) at 87-95, for an overview of the Asimovian legal regime.<\/p>\n<p><a href=\"#_ftnref26\" name=\"_ftn26\">[26]<\/a> I would suggest, however, that our fear of computers does not derive simply from a belief that computers control far too much information and power in today\u2019s society.\u00a0 While we certainly distrust computers because of their power, and to some extent, their inscrutability (ten year olds are currently much more likely than their parents to understand the workings of the machine, and consequently much less likely to fear them), we also distrust them because we created them. They seem to be Frankenstein\u2019s monster, or the Sorcerer\u2019s Apprentice, or ethereal creatures out of Pandora\u2019s Box. They are technology, they are servants, they are machines.\u00a0 They ought not to be our equals and they are certainly not supposed to be our superiors in terms of what matters, that is, what makes us human: real intelligence, emotion, judgment, creativity, sentience and self-awareness.\u00a0 That technology has become the tail that wags the dog is a problem that we must acknowledge. See Johnson, Shea, and Holloway, The Role of Trust and Interaction in GPS Related Accidents: A Human Factors Safety Assessment of the Global Positioning System (GPS) (<a href=\"http:\/\/www.dcs.gla.ac.uk\/~johnson\/papers\/GPS\/Johnson_Shea_Holloway_GPS.pdf\">http:\/\/www.dcs.gla.ac.uk\/~johnson\/papers\/GPS\/Johnson_Shea_Holloway_GPS.pdf<\/a>) (visited May 21, 2016).<\/p>\n<p>&nbsp;<\/p>\n<p><a href=\"#_ftnref27\" name=\"_ftn27\">[27]<\/a>Before 1800 we generally tended to believe that technology, as differentiated from magic, could only be helpful. Edward Tenner, <em>Why Things Bite Back: Technology and the Revenge of Unintended Consequences<\/em> (Vintage, 1997), at 10. The \u201cghosts in the machine\u201d feared by Cornishmen, who started this legend, were until then considered to be spirits of dead miners, called \u201ctommyknockers.\u201d <em>Tenner<\/em> (n 11)<em>. <\/em>The time was right for the first appearance of a genuinely technological horror story, Mary Shelley\u2019s <em>Frankenstein, Or the Modern Prometheus<\/em> (1818), literature in which a creation turns on its creator with unintended consequences. Until Shelley gave the idea literary shape, it dwelt in the area of myth with the legends of Prometheus and Pandora. Frankenstein articulates in ways that arguably have never been bettered the danger of playing God. <em>See also<\/em> Patricia A. Neal, <em>Mary Shelley\u2019s Frankenstein: Myth for Modern Man,<\/em> at http:\/\/mural.uv.es\/lolevyba\/articleaboutms14.htm (last visited June 29, 2016).\u00a0 However, consider the reaction of those who saw technology as a threat to job security. For the impact of the \u201cnew Luddites\u201d see Kirkpatrick Sale, <em>Setting Limits on Technology<\/em>, <u>The Nation<\/u> 785 (June 5, 1995) and Kirkpatrick Sale, <em>Rebels Against the Future: The Luddites and Their War on the Industrial Revolution: Lessons for the Computer Age<\/em> (Addison-Wesley Publishing Company, 1995).<\/p>\n<p><a href=\"#_ftnref28\" name=\"_ftn28\">[28]<\/a> We still use robots for many menial tasks. See <em>10 Robots With Very Specific Tasks,<\/em> Mental Floss,<\/p>\n<p><a href=\"#_ftnref29\" name=\"_ftn29\"><\/a><a href=\"http:\/\/mentalfloss.com\/article\/30898\/10-robots-very-specific-tasks\">http:\/\/mentalfloss.com\/article\/30898\/10-robots-very-specific-tasks<\/a> (visited March 3, 2016) (discussing the use of robots to cut hair, shoot pool, swim, assemble buildings, pick up dog excrement, prepare food, assist with health care, and help with hospice care). Some economists are already planning for the great robotic takeover of the economy. See Farhad Manjoo, <em>A Plan In Case Robots Take the Jobs: Give Everyone a Paycheck,<\/em> New York Times, March 2, 2016, at <a href=\"http:\/\/www.nytimes.com\/2016\/03\/03\/technology\/plan-to-fight-robot-invasion-at-work-give-everyone-a-paycheck.html?emc=edit_th_20160303&amp;nl=todaysheadlines&amp;nlid=9584051&amp;_r=1\">http:\/\/www.nytimes.com\/2016\/03\/03\/technology\/plan-to-fight-robot-invasion-at-work-give-everyone-a-paycheck.html?emc=edit_th_20160303&amp;nl=todaysheadlines&amp;nlid=9584051&amp;_r=1<\/a> (visited April 11, 2016). Published as <em>A Plan In Case Robots Take the Jobs: Give Everyone a Basic Income, <\/em>New York Times, March 3, 2016, at B1.<\/p>\n<p>[29]On the history of computers, see Mark Frauenfelder, <em>The Computer: An Illustrated History From Its Origins to the Present Day <\/em>(Carleton Books, 2013).<\/p>\n<p><a href=\"#_ftnref30\" name=\"_ftn30\">[30]<\/a> Today\u2019s robots now perform much more sophisticated and specialized tasks. See Catey Hill, <em>10 Jobs Robots Already Do Better Than You,<\/em> MarketWatch, Dec. 4, 2015, at <a href=\"http:\/\/www.marketwatch.com\/story\/9-jobs-robots-already-do-better-than-you-2014-01-27\">http:\/\/www.marketwatch.com\/story\/9-jobs-robots-already-do-better-than-you-2014-01-27<\/a> (visited March 3, 2016) (discussing the use of robots, inter alia, as stockroom attendants, bartenders\u2014as in <em>Short Circuit, infra,<\/em> soldiers, pharmacists, agricultural workers, bomb detectors, journalists, cleaning\u00a0 personnel, and legal assistants).\u00a0 We also seem willing to turn over a number of tasks to machines because we believe they function more effectively than we do at specific tasks, like evaluating truthfulness. <em>See<\/em> Andrea Roth, <em>Trial by Machine,<\/em> available at <a href=\"http:\/\/papers.ssrn.com\/sol3\/papers.cfm?abstract_id=2743800\">http:\/\/papers.ssrn.com\/sol3\/papers.cfm?abstract_id=2743800<\/a> (forthcoming in Georgetown Law Journal, 2016).<\/p>\n<p><a href=\"#_ftnref31\" name=\"_ftn31\">[31]<\/a>The literature on this and related topics is enormous. <em>See for example Surfer Beware: Personal Privacy and the Internet, <\/em>at http:\/\/www.epic.org\/reports\/surfer\u2011beware.html (last visited August 9, 2001). At least one commentator acknowledged the iron grip that computers have on us today in the title of his book. Gregory J. E. Rawlins, <u>Slaves of the Machine: The Quickening Computer Technology<\/u> (Cambridge: MIT Press, 1997).<\/p>\n<p><a href=\"#_ftnref32\" name=\"_ftn32\">[32]<\/a> Karel Capek, <em>R.U.R.: Rossum\u2019s Universal Robots<\/em> (Prague: Aventinum, 1920) (trans. Claudia Novack-Jones, reprint Penguin 2004). Capek invented the word \u201crobot\u201d to describe the characters in his play, and he derived the word from the Czech word \u201cRobota\u201d \u201cmeaning \u201ca machine that looks like a human being a performs dull or dangerous work,\u201d from <em>robota<\/em> \u201cforced labor, work[.]\u201d Merriam Webster Student Dictionary at http:\/\/www.wordcentral.com\/cgi-bin\/student?robot.<\/p>\n<p><a href=\"#_ftnref33\" name=\"_ftn33\">[33]<\/a>(Universal Pictures, 1970).<\/p>\n<p><a href=\"#_ftnref34\" name=\"_ftn34\">[34]<\/a> <em>Id. <\/em>Compare with War Games (United Artists, 1983), in which \u201cJoshua,\u201d the computer, seems ready to destroy the world but is actually benignly \u201cplaying games\u201d with its human opponents. Like a large, powerful toddler, in the beginning it doesn\u2019t know its own strength. It eventually learns the outcome of the \u201cno-win\u201d scenario and at the end of the film offers to play \u201ca nice game of chess.\u201d Equally, the androids that populate an amusement park malfunction, killing visitors and employees until one of the visitors (who is significantly a lawyer) defeats the most powerful of the androids, bringing an end to the destruction.\u00a0 <em>Westworld<\/em> (MGM, 1973).<\/p>\n<p><a href=\"#_ftnref35\" name=\"_ftn35\">[35]<\/a> One could argue again that such AI programmed by humans is only replicating the human patterns of its creator, whether \u201cgood\u201d or \u201cbad\u201d (see for example the Star Trek episode <em>The Ultimate Computer<\/em>, first broadcast March 8, 1968). But once Colossus and Guardian carry out behavior in concert, we might reasonably wonder whether their own \u201cwill\u201d rather than human programming has taken over. See also the Star Trek episode <em>The Return of the Archons<\/em> (first broadcast February 9, 1967), in which a computer dictates the rules of a society based on the rules of a long dead humanoid.<\/p>\n<p>One philosopher argues that sentient AI programmed by humans would owe equal rights to one another.\u00a0 It seems that Colossus and Guardian have come to a certain kind of understanding of cooperation at a minimum. See Hutan Ashrafian, <em>Intelligent Robots Must Uphold Human Rights,<\/em> Scientific American, March 30, 2015 at <a href=\"http:\/\/www.scientificamerican.com\/article\/intelligent-robots-must-uphold-human-rights1\/\">http:\/\/www.scientificamerican.com\/article\/intelligent-robots-must-uphold-human-rights1\/<\/a> (first published in Nature Mag.)<\/p>\n<p><a href=\"#_ftnref36\" name=\"_ftn36\">[36]<\/a> \u201cA fictional or hypothetical person whose physical abilities are extended beyond normal human limitations by mechanical elements built into the body.\u201d Oxford Dictionary, at <a href=\"http:\/\/www.oxforddictionaries.com\/us\/definition\/american_english\/cyborg\">http:\/\/www.oxforddictionaries.com\/us\/definition\/american_english\/cyborg<\/a> (visited April 12, 2016).<\/p>\n<p><a href=\"#_ftnref37\" name=\"_ftn37\">[37]<\/a> Will Knight, <em>Robot See, Robot Do: How Robots Can Learn New Tasks By Observing,<\/em> MIT Technology Review, <a href=\"https:\/\/www.technologyreview.com\/s\/541871\/robot-see-robot-do-how-robots-can-learn-new-tasks-by-observing\/\">https:\/\/www.technologyreview.com\/s\/541871\/robot-see-robot-do-how-robots-can-learn-new-tasks-by-observing\/<\/a> (visited March 3, 2016).<\/p>\n<p><a href=\"#_ftnref38\" name=\"_ftn38\">[38]<\/a>Currently the scientific\/engineering definition of what constitutes a robot is under lively discussion. See http:\/\/www.ite.his.se\/ite\/research\/automation\/course\/definit.htm.<\/p>\n<p><a href=\"#_ftnref39\" name=\"_ftn39\">[39]<\/a> See simply as examples the television episode \u201cKill Switch,\u201d in the U.S. series \u201cThe X-Files,\u201d written by William Gibson and Tom Maddox and broadcast Feb. 15, 1998 (Fox); the films <em>A.I.<\/em> (DreamWorks, 2001); <em>Ex Machina<\/em> (Universal, 2015);<\/p>\n<p><a href=\"#_ftnref40\" name=\"_ftn40\">[40]<\/a> Lolita K. Bruckner-Inniss discusses this issue at some length with respect to the android Andrew Martin in her article <em>Bicentennial Man &#8211; The New Millennium Assimilationism and the Foreigner Among Us<\/em>, (2002) 54 Rutgers L. Rev. 1101.<\/p>\n<p><a href=\"#_ftnref41\" name=\"_ftn41\">[41]<\/a>The lack of control viewers feel is expressed in such films as <em>Falling Down<\/em> (Warner Bros., 1993) in which a man stuck on the corporate ladder finally takes revenge on the world and the heist film <em>Fun With Dick and Jane<\/em> (Columbia Pictures, 1977) in which two yuppies get their revenge on financial institutions, other members of the middle class and the legal system. <em>See also<\/em> Christine A. Corcos, \u201c<em>Who Ya Gonna C(S)ite?\u201d <u>Ghostbusters<\/u> and the Environmental Regulation Debate<\/em>, (1998) 13 <u>J. Land Use &amp; Envt&#8217;l L.<\/u> 231.<\/p>\n<p>&nbsp;<\/p>\n<p><a href=\"#_ftnref42\" name=\"_ftn42\">[42]<\/a>Some would argue that IBM\u2019s Deep Blue, which defeated chess champion Garry Kasparov, was clever enough to be a real thinking machine. Other creations, including Google\u2019s AlphaGo, seem to be at a minimum the next generation of AI, capable of far more amazing accomplishments than Deep Blue (now named \u201cWatson.\u201d) See Cade Metz, <em>Google\u2019s AI Is About to Battle a Go Champion, But This Is No Game,\u201d <\/em>Wired Mag., March 8, 2016, at <a href=\"http:\/\/www.wired.com\/2016\/03\/googles-ai-taking-one-worlds-top-go-players\/\">http:\/\/www.wired.com\/2016\/03\/googles-ai-taking-one-worlds-top-go-players\/<\/a> (visited March 22, 2016).<\/p>\n<p>Thinking machines have in the past been both the stuff of science fiction and an epithet hurled at humans who seemed to have too much intelligence, thus too little emotion. A good example is Jacques Futrelle\u2019s sleuth S. F. X. Van Deusen, dubbed \u201cthe Thinking Machine,\u201d and hero of many good \u201clocked room\u201d puzzles. The Georgia-born Futrelle died in the sinking of the Titanic. An official website, http:\/\/www.thinkingmachine.com\/ features the full text of many of Futrelle\u2019s stories. Jacques Futrelle, Jacques Futrelle\u2019s <em>\u201cThe Thinking Machine\u201d: The Enigmatic Problems of Prof. Augustus S. F. X. Van Dusen, Ph.D., F.R.S., M.D., M.D.S.<\/em> (Modern Library Classics, 2003). On Deep Blue and its successful challenge to Kasparov, <em>see <\/em>http:\/\/www.research.ibm.com\/deepblue\/ (last checked July 28, 2016).<\/p>\n<p><a href=\"#_ftnref43\" name=\"_ftn43\">[43]<\/a>This is the point that James T. Kirk hammers home to Nomad in the episode \u201cThe Changeling.\u201d Airdate 29 September 1967.<\/p>\n<p><a href=\"#_ftnref44\" name=\"_ftn44\">[44]<\/a> (20<sup>th<\/sup> Century Fox, 1951). In the original short story, Gnut (the robot-like alien) tells the narrator, \u201cYou misunderstand. <em>I <\/em>am the master.\u201d \u00a0See Henry Bates, <em>\u2019<\/em>Farewell to the Master<em>,\u2019<\/em> in Isaac Asimov and Martin H. Greenberg, eds.; <em>Isaac Asimov Presents<\/em> <em>The Golden Years of Science Fiction<\/em> (1979).<\/p>\n<p><a href=\"#_ftnref45\" name=\"_ftn45\">[45]<\/a> (CBS, 1965-1968). Such robots also appeared in cartoons. The maid Rosie the Robot from <em>The Jetsons <\/em>(ABC, 1962-1964) is one such example.<\/p>\n<p><a href=\"#_ftnref46\" name=\"_ftn46\">[46]<\/a> (n 16)<\/p>\n<p><a href=\"#_ftnref47\" name=\"_ftn47\">[47]<\/a>(Warner Brothers, 1982).<\/p>\n<p><a href=\"#_ftnref48\" name=\"_ftn48\">[48]<\/a> (TriStart Pictures, 1986).<\/p>\n<p><a href=\"#_ftnref49\" name=\"_ftn49\">[49]<\/a> R2D2 and C3PO (Lucasfilm, 1977).<\/p>\n<p><a href=\"#_ftnref50\" name=\"_ftn50\">[50]<\/a> (Universal Pictures, 1970).<\/p>\n<p><a href=\"#_ftnref51\" name=\"_ftn51\">[51]<\/a> (United Artists, 1983).<\/p>\n<p><a href=\"#_ftnref52\" name=\"_ftn52\">[52]<\/a> Fox (first broadcast Feb. 15, 1998).<\/p>\n<p><a href=\"#_ftnref53\" name=\"_ftn53\">[53]<\/a> Stephen Coleman and Richard Hanley argue that by the end of the film <em>Bicentennial Man,<\/em> Andrew has achieved personhood. \u00a0<em>See <\/em>Stephen Coleman and Richard Hanley, <em>Homo Sapiens,<\/em> Robots, and Persons in <em>I, Robot <\/em>and <em>Bicentennial Man,<\/em> in Sandra Shapshay (ed) Bioethics at the Movies, \u00a044, 50-51 (Johns Hopkins University Press, 2009).<\/p>\n<p>Similarly<em>, Star Trek: TNG<\/em> treats the android Commander Data\u2019s search for a sense of humor as amusing, but the implication is clear: humor is human, therefore desirable. <em>See<\/em> the episode <u>The Outrageous Okona<\/u> for example.<\/p>\n<p><a href=\"#_ftnref54\" name=\"_ftn54\">[54]<\/a> For an insightful discussion of this film see Bruckner-Inniss (n.32) Keith Aoki also discusses Bicentennial Man briefly in his essay<em> One Hundred Light Years of Solitude: The Alternate Futures of LatCrit Theory<\/em>, (2002) 54 Rutgers L. Rev 1031.<\/p>\n<p><a href=\"#_ftnref55\" name=\"_ftn55\">[55]<\/a> Isaac Asimow, <em>The Bicentennial Man, <\/em>in The Bicentennial Man and Other Stories, at <a href=\"http:\/\/playpen.meraka.csir.co.za\/~acdc\/education\/Dr_Anvind_Gupa\/Learners_Library_7_March_2007\/Resources\/books\/asimov%20ebook.pdf\">http:\/\/playpen.meraka.csir.co.za\/~acdc\/education\/Dr_Anvind_Gupa\/Learners_Library_7_March_2007\/Resources\/books\/asimov%20ebook.pdf<\/a> (visited March 3, 2016).<\/p>\n<p><a href=\"#_ftnref56\" name=\"_ftn56\">[56]<\/a> <em>Id.<\/em> at 166-167.<\/p>\n<p><a href=\"#_ftnref57\" name=\"_ftn57\">[57]<\/a> Isaac Asimov did, however, invent the term \u201cpositronic.\u201d<\/p>\n<p><a href=\"#_ftnref58\" name=\"_ftn58\">[58]<\/a> Cited at the website Something Awful, Nov. 22, 2013 (<a href=\"http:\/\/www.somethingawful.com\/news\/blade-runner-speech\/1\/\">http:\/\/www.somethingawful.com\/news\/blade-runner-speech\/1\/<\/a>) visited April 12, 2016. The post, interestingly, is exactly 60 years after the assassination of John Fitzgerald Kennedy.<\/p>\n<p><a href=\"#_ftnref59\" name=\"_ftn59\">[59]<\/a> Dick does not use the word \u201creplicant\u201d in <em>Do Androids Dream of Electric Sheep?\u201d <\/em>but the film <em>Blade Runner <\/em>uses the term to refer to the androids in the film. In a fascinating essay, Joseph Francavilla reflects on the role that replicants play as doubles for the human characters in Blade Runner. The Android as Doppelganger<em>,<\/em> in Judith B. Kerman (ed) <em>Retrofitting Blade Runner 4<\/em> (2d ed., University of Wisconsin Press, 1997).<\/p>\n<p><a href=\"#_ftnref60\" name=\"_ftn60\">[60]<\/a> Blade Runner, cited in Christine A. Corcos, <em>\u201cI Am Not a Number: I am a Free Man\u201d: Physical and Psychological Imprisonment in Science Fiction,<\/em> (2001) 25 Legal Studies Forum 471, 482.<\/p>\n<p><a href=\"#_ftnref61\" name=\"_ftn61\">[61]<\/a> (Orion Pictures, 1987).<\/p>\n<p><a href=\"#_ftnref62\" name=\"_ftn62\">[62]<\/a> (MCA Television Entertainment, 1994).<\/p>\n<p><a href=\"#_ftnref63\" name=\"_ftn63\">[63]<\/a> (Columbia Pictures, 1999). Based on Isaac Asimov, <em>The Bicentennial Man,<\/em> in The Bicentennial Man and Other Stories (NY: Perennial Books, 1976).\u00a0 Sue Short discusses the Star Trek: TNG episode \u201cMeasure of a Man\u2019s debt to \u201cThe Bicentennial Man\u201d in <em>\u201cThe Measure of Man?\u201d Asimov\u2019s Bicentennial Man, Star Trek\u2019s Data, and Being Human,<\/em> (2003) 44 Extrapolation 209-223.<\/p>\n<p><a href=\"#_ftnref64\" name=\"_ftn64\">[64]<\/a> Likewise, nearly everyone who has seen <em>Star Wars<\/em> adores tubby little R2D2, while C3PO\u2019s officiousness sometimes outweighs his charms.<\/p>\n<p><a href=\"#_ftnref65\" name=\"_ftn65\">[65]<\/a> J. P. Telotte notes in passing some analogies between Short Circuit\u2019s Number 5 and Frankenstein\u2019s monster in <em>Replications. A Robotic History of the Science Fiction Film<\/em> (Urbana: University of Illinois Press, 1995) at 20. \u201cFilms like <em>Robocop <\/em>and <em>Short Circuit<\/em>\u2026go a step further, demonstrating the possibility for a kind of hybrid life, a ghostly otherness that is part human, part machine, a synthetic life that does not impinge on our own.\u201d Telotte, at 20.\u00a0 See also J. P. Telotte, <em>The Tremulous Public Body: Robots, Change, and the Science Fiction Film,<\/em> (1991) 19(1) Journal of Popular Film and Television 14-23.<\/p>\n<p><a href=\"#_ftnref66\" name=\"_ftn66\">[66]<\/a>Its acronym is S.A.I.N.T. (for Strategic Artificially Intelligent Nuclear Transport) an attempt by the military to sanitize its killing function. Calling a \u201ckiller robot\u201d an S.A.I.N.T. associates the device with a religious, pacifist and non-military mission by co-opting the meaning of the acronym, regardless of the fact that some Catholic saints were actually warlike. Using the acronym also disturbs (get a different word) the notion that saints are by nature non-militaristic, especially if they are female. The transformation of the character \u201cNumber Five\u201d from militaristic robot to pacifist sentient being is, interestingly, analogous to the transformation of Joan of Arc from quiet female peasant to militarist feminist leader.\u00a0 <em>See<\/em> Marina Warner<em>, Joan of Arc: The Image of Female Heroism<\/em> (Oxford University Press, 1981, repr. 2013). Number 5\u2019s transformation is his second: note that he began as a \u201cmarital aid,\u201d as inventor Newton Crosby (Steve Guttenberg) says. The word \u201cmarital,\u201d one can note, uses the same letters as \u201cmartial.\u201d<\/p>\n<p>Killer robots already seem to be a concern. <em>See<\/em> John Markoff and Claire Cain Miller, As<em> Robotics Advances, Worries of Killer Robots Rise<\/em>, <em>The<\/em> New York Times, June 17, 2014, at <a href=\"http:\/\/www.nytimes.com\/2014\/06\/17\/upshot\/danger-robots-working.html?emc=edit_th_20140617&amp;nl=todaysheadlines&amp;nlid=9584051&amp;_r=0\">http:\/\/www.nytimes.com\/2014\/06\/17\/upshot\/danger-robots-working.html?emc=edit_th_20140617&amp;nl=todaysheadlines&amp;nlid=9584051&amp;_r=0<\/a>\u00a0 (visited June 17 2014).<\/p>\n<p><a href=\"#_ftnref67\" name=\"_ftn67\">[67]<\/a> See Mary Shelley, <em>Frankenstein<\/em> (n 27)<\/p>\n<p><a href=\"#_ftnref68\" name=\"_ftn68\">[68]<\/a>Played by Ally Sheedy, of <em>WarGames<\/em> fame (MGM, 1983), directed by John Badham. Sheedy is also known for a short book about Elizabeth I she wrote as a youngster, called <em>She Was Nice to Mice<\/em> (McGraw-Hill Companies, 1975) Badham also directed <em>Short Circuit<\/em><u> (n 48)<\/u><\/p>\n<p><a href=\"#_ftnref69\" name=\"_ftn69\">[69]<\/a>Compare Number 5\u2019s \u201cbirth\u201d with Stanley Miller\u2019s creation of protolife in the laboratory in 1950. In the experiment, generally referred to as the Miller-Urey experiment, Miller used inorganic elements and an electrical spark fired through primordial ooze to create amino acids, then theorized that such an event might have triggered protolife on Earth millions of years ago. <em>See <\/em>Stanley L. Miller, <em>Production of Amino Acids Under Possible Primitive Earth Conditions, (<\/em>1953) 117 (3046) Science 528-529.<\/p>\n<p><a href=\"#_ftnref70\" name=\"_ftn70\">[70]<\/a> This Chertok Productions 1964-1965 series featured Julie Newmar as \u201cThe Robot\u201d, aka \u201cRhoda Miller,) and Bob Cummings as Dr. Bob McDonald, her minder.<\/p>\n<p><a href=\"#_ftnref71\" name=\"_ftn71\">[71]<\/a>(20<sup>th<\/sup> Century Fox, 1985-1989). Ted Larson (Dick Christie) created Vicki as a companion for his nuclear family. She was an object of great curiosity for the neighborhood.<\/p>\n<p><a href=\"#_ftnref72\" name=\"_ftn72\">[72]<\/a> She is immensely upset to discover that Number Five is a \u201crobot,\u201d and not only that, but a weapon. This scene recalls the many films like <em>Colossus: the Forbin Project<\/em> (Universal, 1970) and <em>War Games<\/em> (1983). In both of those films, as in several others, AI serves a destructive purpose, the better to send an ultimately pacifist message.<\/p>\n<p><a href=\"#_ftnref73\" name=\"_ftn73\">[73]<\/a>Number Five, frankly, acts male. His voice is male, though high-pitched and robotic, and his crush on Stephanie is obvious. He eventually renames himself \u201cJohnny Five.\u201d Tim Blaney provides his voice (IMDB.com at <a href=\"http:\/\/www.imdb.com\/title\/tt0091949\/\">http:\/\/www.imdb.com\/title\/tt0091949\/<\/a> (visited March 3, 2016)).\u00a0 Compare Number Five\u2019s crush, and his acceptance of his rival Norman Crosby\u2019s attraction to Stephanie with the behavior of the computer in <em>Electric Dreams<\/em> (MGM, 1984), which attempts to out-maneuver and murder its human rival. It eventually commits suicide.<\/p>\n<p><a href=\"#_ftnref74\" name=\"_ftn74\">[74]<\/a>\u201dIt just runs programs\u201d is a favorite rejoinder for Crosby and his friend Ben. Unfortunately for them, in Number Five\u2019s case they are no longer correct. In addition, the assumption that \u201cIt doesn\u2019t laugh at your jokes\u201d, a test that determines the difference between computers and humans, no longer applies by the end of the film. <em>See infra.<\/em><\/p>\n<p><a href=\"#_ftnref75\" name=\"_ftn75\">[75]<\/a> The notion that a powerful man-made machine could be loosed upon the universe with no effective control, either through mistake, accident, or intent, is also common in science fiction. <em>See<\/em> the Star Trek: TOS episodes <em>The Doomsday Weapon<\/em> (in which a powerful destructive weapon, a stand-in for the atomic and hydrogen bombs, is accidentally turned loose in a distant galaxy), <em>The Changeling<\/em> (in which an alien probe damages an Earth probe, and the Earth probe as a result \u00a0misunderstands its programming, deciding to look for \u201cperfect life\u201d rather than \u201cnew life\u201d),\u00a0 <em>The Ultimate Computer<\/em> (highly developed computer goes berserk during war games and destroys friendly vessels), the first Star Trek movie, essentially a retelling of the \u201cNomad\u201d episode, <em>Colossus: The Forbin Project<\/em> (a U. S. computer and a Soviet computer combine forces to take over the world), and <em>WarGames<\/em> (a NORAD computer plays war games with U. S. military who don\u2019t understand it is \u201cjust playing\u201d).<\/p>\n<p><a href=\"#_ftnref76\" name=\"_ftn76\">[76]<\/a>On technologically controlled society in general <em>see <\/em>Gorman Beauchamp, <em>Technology in the Dystopian Novel, <\/em>(1986) Mod. Fiction Stud. 53 (Spring 1986). On the dehumanizing aspects of dystopias, particularly in legal contexts see also Jean-Luc Godard\u2019s <em>Alphaville<\/em> (Athos Films, 1965). Chris Darke, \u2018It All Happened in Paris<em>\u2019<\/em> <em>Sight and Sound<\/em> (July 1994) at 10, compares <em>Alphaville<\/em> and <em>Blade Runner<\/em> on this issue.<\/p>\n<p><a href=\"#_ftnref77\" name=\"_ftn77\">[77]<\/a><em>Supra n. 62 and accompanying text.<\/em><\/p>\n<p><a href=\"#_ftnref78\" name=\"_ftn78\">[78]<\/a> Note that the two situations are not entirely the same. Roy Batty has a limited lifespan. As far as we know, Number Five does not<\/p>\n<p><a href=\"#_ftnref79\" name=\"_ftn79\">[79]<\/a> William F. Nolan, \u201cThe Joy of Living,\u201d in <em>If<\/em> (Quinn Publishing Company, 1954).<\/p>\n<p><a href=\"#_ftnref80\" name=\"_ftn80\">[80]<\/a> Frude (n 10) at 118-119.\u00a0 Note also that the notion of \u201csex robots\u201d or \u201csexbots\u201d has been around for much longer than we may care to admit. As researcher Genevieve Liveley notes, consider Pygmalion\u2019s entreaty to the goddess Venus to make his statute real. See <em>Why Sex Robots Are Ancient History,<\/em> The Conversation, May 4, 2016, at <a href=\"https:\/\/theconversation.com\/why-sex-robots-are-ancient-history-58112\">https:\/\/theconversation.com\/why-sex-robots-are-ancient-history-58112<\/a> (visited May 5, 2016).<\/p>\n<p><a href=\"#_ftnref81\" name=\"_ftn81\">[81]<\/a>(Virgin, 1984).<\/p>\n<p><a href=\"#_ftnref82\" name=\"_ftn82\">[82]<\/a> Note that the android in <em>Ex Machina<\/em> exhibits voluntariness and emotion: it murders one human and abandons another in order to pursue its existence. (Film4 and DNA Pictures, 2015).<\/p>\n<p>&nbsp;<\/p>\n\n<div class=\"twitter-share\"><a href=\"https:\/\/twitter.com\/intent\/tweet?via=HedgehogsFoxes\" class=\"twitter-share-button\">Tweet<\/a><\/div>\n","protected":false},"excerpt":{"rendered":"<p>More Human Than Human:[1] How Some Science Fiction Presents AI\u2019s Claims to the Right to Life and Self-Determination[2] Christine A. Corcos[3] \u201cYou ask me what I am. Why, a machine. But even in that&#46;&#46;&#46;<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[245],"tags":[],"class_list":["post-6705","post","type-post","status-publish","format-standard","hentry","category-law-and-science-fiction"],"jetpack_shortlink":"https:\/\/wp.me\/pasVL2-1K9","jetpack_sharing_enabled":true,"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/hedgehogsandfoxes.org\/index.php\/wp-json\/wp\/v2\/posts\/6705","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hedgehogsandfoxes.org\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hedgehogsandfoxes.org\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hedgehogsandfoxes.org\/index.php\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/hedgehogsandfoxes.org\/index.php\/wp-json\/wp\/v2\/comments?post=6705"}],"version-history":[{"count":3,"href":"https:\/\/hedgehogsandfoxes.org\/index.php\/wp-json\/wp\/v2\/posts\/6705\/revisions"}],"predecessor-version":[{"id":6708,"href":"https:\/\/hedgehogsandfoxes.org\/index.php\/wp-json\/wp\/v2\/posts\/6705\/revisions\/6708"}],"wp:attachment":[{"href":"https:\/\/hedgehogsandfoxes.org\/index.php\/wp-json\/wp\/v2\/media?parent=6705"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hedgehogsandfoxes.org\/index.php\/wp-json\/wp\/v2\/categories?post=6705"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hedgehogsandfoxes.org\/index.php\/wp-json\/wp\/v2\/tags?post=6705"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}