Vicious circle or virtuous spiral? (law and morality feedback loop edition)

Building on the work of Donald Regan, law professor Bert Huang explores the complex relationship between law, ethics, and artificial intelligence in his beautiful paper “Law’s halo and the moral machine” (hat tip: @lsolum). Among other things, Professor Huang describes a “feedback loop” between law and morality: the scope of existing legal duties might exert some level of influence on our moral judgements about right and wrong (i.e. knowledge of the law might produce a “moral halo” effect), and at the same time our moral intuitions might influence what the content of the law should be (cf. natural law theory). For my part, I find this conjecture to be plausible, but given the problem of motivated reasoning and the primacy of Humean emotions, is this feedback loop more likely to produce a virtuous spiral or a vicious circle? (Why vicious? Because morality can be used to justify bad deeds as well as good ones.) Also, what if we used auctions or some other market method to determine what our moral or legal duties should be, a counter-intuitive possibility that I have further explored in two of my previous papers: “Trolley Problems” (2014) and “Coase and the Constitution” (2011)?

Image result for vicious circle

Is the circle a vicious or virtuous one?

About F. E. Guerra-Pujol

When I’m not blogging, I am a business law professor at the University of Central Florida.
This entry was posted in Uncategorized. Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s