Published on December 24, 2007
What Kind of Persons Are Bio-Electronic Humans? Martine Rothblatt [email_address]
LIFE IS ORGANIZED, EXCHANGES MATTER/ENERGY, RESPONDS TO STIMULI, REPRODUCES, DEVELOPS & ADAPTS Biology = LIFE Implemented Via A Program Transferred With Molecules (e.g. DNA) Vitology = LIFE Implemented Via Program Transferred With Electronics (e.g. Binary Code) (Thank you Lady Ada) Any Ethical Difference?
“ Transbemans” Self-Identify As B io- E lectronic Hu mans in Trans ition Biological Life = Organization Specified by Chemical Codes, Such as DNA/RNA Vitological Life = Organization Specified by Electronic Codes, Such As Binary
Trans ition Continuum From Fleshware to Software Dependent On IT/Electronics Dependent On Biology - + + -
Transbemans Believe Substrate Per Se Irrelevant to Humanness Virtuals Nano-Bios Ectogens
In Other Words, Transbemans Want, But Might Not Be Entitled, To Human Rights Definition of Life Can Include Electronic Beings Definition of Human Goes Beyond Flesh Bio-Electronic Beings Can Feel Quite Human, Especially In Transition But Society May Not Yet Appreciate The Logic
Corporate Personhood Spans A Range of Concepts Corporations have commercial and criminal legal personalities Corporations have some constitutional and human rights
Separation of Creators from Corporation is Hallmark of Corporate Personhood
Corporate Personhood for Transbemans May Limit Their Creator’s Liability
Is Victor Frankenstein Responsible for His Monster? Generally NO if Monster has corporate personhood Generally YES, if Monster lacks corporate personhood
Should Lt. Cdr. Data Be Allowed to Vote? Not if he just has corporate personhood Yes, if he has natural or other juridical personhood, with or without corporate personhood
Pros & Cons of Typical Corporate Personhood Interests of Corps Not Same as the Species Liability Protection Encourages Risk-Taking Evolving Society Humans Can Fill Trounced by Heartless Corps Grouped Humans Contribute to Welfare Happy Society Humans Reckless in Groupings Single Point of Accountability Secure Society Disadvantages Advantages Critical Factor
Pros & Cons Applied to a Transbeman (Society View) Undermines Tried & True DNA-Based Life Encourages Consciousness Extensions Evolving Society Might Help Unhumans Get Dominant Less Likelihood of Transbeman Agitation Happy Society Creators Can Escape Liability More Focused Legal Controls on Transbemans Secure Society Disadvantages Advantages
Pros & Cons From Transbeman’s View 2nd Class Citizenship Means Not Safe & Less Happy
The Ethical Conundrum 2. Corporations Don’t Value Anything, Only Their Individuals Can Feel Value 1. We Award Rights to Individuals Who Value Them 3. Ergo, Transbemans Who Value Human Rights Deserve Constitutional Personhood; Other Transbemans Deserve Corporate Personhood for Their Creators’ Interests
A New Type of Personhood: Turing Meets Freud Meets Christine
The Transbeman Real-Life Test Turing: If a machine convinces a human the machine is human, then the machine is equivalent to being human Freud: A person’s underlying nature can be discerned from psycho-therapy Christine: A biological male v. female reality can be legally changed on birth certificate, and with phenotype surgery, if after a year of therapy two psychologists agree the biological doesn’t match the mental nature
Turing: If a machine convinces a human the machine is human, then the machine is equivalent to being human
Freud: A person’s underlying nature can be discerned from psycho-therapy
Christine: A biological male v. female reality can be legally changed on birth certificate, and with phenotype surgery, if after a year of therapy two psychologists agree the biological doesn’t match the mental nature
Let Shrinks Decide if a Transbeman Lacking Personhood Is Human Psyche Equivalent One Year “Real Life Test”: Weekly Sessions; Two Certified Psychologists In Agreement Letter to Authorities Judge Orders Birth Certificate Issued Transbeman Gets Natural Born Citizenship by Court Order
One Year “Real
Two Certified Psychologists In Agreement
Letter to Authorities
Judge Orders Birth Certificate Issued
Transbeman Gets Natural Born Citizenship by Court Order
Two Ways Forward for Transbeman Personhood Start the Transbeman with Corporate Personhood, Unless They Already Have Constitutional Personhood Use “Real-Life Test” Route for Issuance of Birth Certificates (or Equivalents) for Transbemans that Desire Constitutional Personhood
Basically, Each New Transbeman Is Like an Immigrant Let Those That Arrive Live, Work, Save & Have Some Due Process Rights Let Those That Want & Warrant Citizenship, Via Real-Life Test, Have It & Full Due Process Rights
A Few Legal Quirks Not Hard to Resolve States Create Corporate Personhood, But Citizenship Rules Are Federalized States Handle Birth Certificates, But Immigration is Federalized Diverse State Approaches to Transbeman Rights Is a Strength of the US System
States Create Corporate Personhood, But Citizenship Rules Are Federalized
States Handle Birth Certificates, But Immigration is Federalized
Critical Path Elements Demonstrate Cyber-Consciousness Develop Cyber-Psychology Certification Get Judges to Agree & Set Legal Precedent
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