Papers by Samuela Marchiori
Humanidades & Tecnologia, 2020
Taking the cue from research on the bioethical and biolegal debate surrounding access to genetic ... more Taking the cue from research on the bioethical and biolegal debate surrounding access to genetic data from the 1990s, this paper explores the implications of the COVID-19 pandemic from a bioethical as well as biolegal point of view. At first, by illustrating some of the risks associated with measures for the containment and contrast of the spread of the coronavirus. Subsequently, by considering the implications of such measures on people as individuals as well as workers, and by discussing the legal implications of a potential sacrifice of privacy for safety, as opposed to necessity and public interest. In this sense, the concept of genetic counseling initially proposed by Sommaggio (2010) is resumed and updated.
Journal of Ethics and Legal Technologies, 2020
In this paper, we analyse the structure of evolving moral dilemmas with an eye of regard for the ... more In this paper, we analyse the structure of evolving moral dilemmas with an eye of regard for the increasing importance of the role of artificial intelligence in such context. Starting with the analysis of the famous trolley problem experiment as formulated by Philippa Foot, we consider subsequent variants of this moral dilemma conceived throughout the years, culminating with formulations of the trolley problem concerning artificial intelligence, in which self-driving vehicles will have to make life or death decisions autonomously. In doing so, we investigate the basis for the construction of dilemmatic questions both for humans and machines by considering the problem from a philosophical, social and neuroscientific perspective. After considering and analysing the trolley problem in utilitarian and deontological terms, we follow Rittel and Webber's footsteps, by highlighting the fallacies of the deontological and utilitarian traditional 'one-right-answer' approach, where a solution is undoubtedly right or wrong, and claim that moral problems are not, due to their intrinsic dilemmatic nature, resolvable. By rejecting an aut-aut approach, we find ourselves contemplating the possibility of neither approach being right in an absolute sense. Given these premises, we present a different approach on the matter, arguing for the central and creative role of the tragic as a new tool for enhancing both human and autonomous vehicles' approach to moral problems.
BioLaw Journal, 2018
‘Moral machines’ are entering our society and with them is coming the need for new and suitable m... more ‘Moral machines’ are entering our society and with them is coming the need for new and suitable moral, ethical and legal regulations. In the paper we analyse Philippa Foot’s trolley problem experiment as an example of a situation in which self-driving vehicles will have to make life or death decisions autonomously. In doing so, we investigate the basis for the construction of moral questions both for humans and machines by considering the problem from a philosophical, social and neuroscientific perspective. Following Rittel and Webber’s footsteps, we also highlight the fallacies of the deontological and utilitarian traditional ‘one-right-answer’ approach, where a solution is undoubtedly right or wrong, and claim that moral problems are not, due to their intrinsic dilemmatic nature, resolvable. We then present a different approach on the matter, arguing for the central and creative role of the tragic as a new tool for enhancing autonomous vehicles’ approach to moral problems.
University of Trento, 2016
Self-driving vehicles have recently started to come into society with the promise of reducing roa... more Self-driving vehicles have recently started to come into society with the promise of reducing road accidents, and together with them came the need for new and suitable regulations. What constitutes the main source of concern is the possibility of such vehicles to find themselves in dilemmatic situations where they will autonomously have to make life-or-death decisions. For this reason, we will conduct a brief disquisition to understand how people react to the same dilemmatic problems and discuss whether it is possible for the same principles to apply to machines as well.
Talks by Samuela Marchiori
Trento Student Law Review, 2018
According to our legal system, the study of the Philosophy of Law is essential and indispensable.... more According to our legal system, the study of the Philosophy of Law is essential and indispensable. This is due to the fact that Western legal heritage consists of an increasingly complex process of refinement and modernization oriented towards the enhancement of the individual and the promotion of his fundamental rights and freedoms.
Drafts by Samuela Marchiori
BioLaw Journal, 2020
Online First. *March 20, 2020*
Thesis Chapters by Samuela Marchiori
University of Trento, Faculty of Law, 2020
The purpose of this dissertation is to suggest a new approach to face the trolley problem in ligh... more The purpose of this dissertation is to suggest a new approach to face the trolley problem in light of AI developments concerning automated vehicles, in order to provide a shared framework for computer scientists and jurists to enhance the implementation of decision algorithms and legal regulations of AI, respectively.
In order to do so, we move from an example of the difficulty in leading with dilemmatic scenarios from a legal standpoint to a descriptive analysis of the trolley problem as a particularly relevant instance of moral dilemmas, by considering it both from an ethical-philosophical and neuroscientific point of view, and highlighting the criticism that can be moved from the current approach to the issue.
Subsequently, we consider the impact of AI and self-driving cars in particular on the approach to this dilemma from a philosophical as well as a legal perspective and present the main regulations that have been put in place to govern such scenarios.
Lastly, setting aside all preconceptions, we consider once again the trolley problem from a purely logical perspective and avail ourselves of computational logic to propose a new approach which can be fruitfully implemented on self- driving vehicles, while also aligning with legal principles and judicial reasoning and having the potential to enhance the current regulatory landscape.
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Papers by Samuela Marchiori
Talks by Samuela Marchiori
Drafts by Samuela Marchiori
Thesis Chapters by Samuela Marchiori
In order to do so, we move from an example of the difficulty in leading with dilemmatic scenarios from a legal standpoint to a descriptive analysis of the trolley problem as a particularly relevant instance of moral dilemmas, by considering it both from an ethical-philosophical and neuroscientific point of view, and highlighting the criticism that can be moved from the current approach to the issue.
Subsequently, we consider the impact of AI and self-driving cars in particular on the approach to this dilemma from a philosophical as well as a legal perspective and present the main regulations that have been put in place to govern such scenarios.
Lastly, setting aside all preconceptions, we consider once again the trolley problem from a purely logical perspective and avail ourselves of computational logic to propose a new approach which can be fruitfully implemented on self- driving vehicles, while also aligning with legal principles and judicial reasoning and having the potential to enhance the current regulatory landscape.