Rule of Law in the Age of AI: Principles of Distributive Liability for Multi-Agent Societies

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The UK and Japan appeal to similar models of subjectivity in categorizing legal liability. Rooted historically and philosophically in the figure of the human actor capable of exercising free will within a given environment, such a model of subjectivity ascribes legal liability to human agents imagined as autonomous and independent. However, recent advancements in artificial intelligence (AI) that augment the autonomy of artificial agents such as autonomous driving systems, social robots equipped with artificial emotional intelligence, and intelligent surgery or diagnosis assistant system challenge this traditional notion of agency while presenting serious practical problems for determining legal liability within networks of distributed human-machine agency. For example, if the accident occurs from cooperation between human and an intelligent machine, we do not know how to distribute legal liability based on current legal theory. Although legal theory assumes that the autonomous human agent should take the responsibility of the accident, but in the case of human-intelligent machine interaction, human subjectivity itself is influenced by the behavior of intelligent machines, according to the findings of cognitive psychology, of the critical theory of subjectivity, and of the anthropology of science and technology. This lack of the transparent and clear distributive principles of legal liability may hamper the healthy development of society where human dignity and technological innovation can travel together, because, no one can trust the behavior and quality of the machine, that may cause corporal or lethal injury, without workable legal liability regime. Faced with this challenge, that is caused and will be aggravated by the proliferation of AI in UK and Japan, an objective of our study is to make the distributive principle of legal liability clear in the multi-agent society and proposing the relevant legal policy to establish the rule of law in the age of AI, that enables us to construct the "Najimi society" where humans and intelligent machines can cohabit, with sensitivity to the cultural diversity of the formation of subjectivity. In order to achieve the objective above, we create the three interrelated and collaborative research groups: Group 1: Law-Economics-Philosophy group that proposes the stylized model to analyze and evaluate the multi-agent situation, based on dynamic game theory connected to the philosophy of the relativity of human subjectivity, in order to figure out the distributive principle of legal liability and the legal policy for the rule of law in the age of AI, based on both the quantitative data and qualitative data from the other groups, with the support from experienced legal practitioner and policy makers.Group 2: Cognitive Robotics and Human Factors and Cognitive Psychology group that implements various computer simulation and psychological experiments to capture data on human interaction and performance with as well as attidues and experience of intelligent machines - in this case (simulated) autonomous vehicles. The outputs of this group will examine the validity of the first group's model and provide mainly the quantitative data relating to subjectivity with the first group, leading to help to construct more reliable model and workable legal principles and policies.Group 3: Cultural Anthropology group that engages in comparative ethnographic fieldwork on human-robot relations within Japan and the UK to better account for the cultural variability of distributed agency within differing social, legal, and scientific contexts. The output of this group will help the interpretation of the quantitative data and allow the first group to keep sensitivities to the diversity. By the inherently transdisiciplinary and international cooperation described above, our project will contribute to make UK and Japanese society more adoptive to emerging technology through clarifying the legal regime.