Transcript Pros & Cons of Corporate Personhood for Transbemans

Pros & Cons of
Corporate Personhood
for Transbemans
Martine Rothblatt
[email protected]
Transbemans Self-Identify As BioElectronic Humans in Transition
Electronic
Life =
Organization
Specified by
Numeric
Codes, Such
As Binary
Biological
Life =
Organization
Specified by
Chemical
Codes, Such
as DNA/RNA
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Life is Organized, Exchanges Matter/Energy,
Responds to Stimuli, Reproduces, Develops & Adapts
Biology = Implemented Via
A Program Transferred
With Molecules (e.g. DNA)
Any
Ethical
Difference?
Vitology = Implemented Via
Program Transferred With
Electronics (e.g. Binary Code)
(Thank you Lady Ada)
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Transition Continuum From
Fleshware to Software
+
Dependent
On Biology
-
+
Dependent
On IT/Electronics
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Transbemans Believe Substrate
Per Se Irrelevant to Humanness
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In Other Words, Transbemans Want, But
Might Not Be Entitled, To Human Rights
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Corporate Personhood Spans
A Range of Concepts
Corporations have some
constitutional and human rights
Corporations have commercial
and criminal legal personalities
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Separation of Creators from Corporation
is Hallmark of Corporate Personhood
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Corporate Personhood for Non-Human
Transbemans Limits Creator’s Liability
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Is Victor Frankenstein
Responsible for His Monster?
Generally NO
if Monster
has
corporate
personhood
Generally
YES, if
Monster
lacks
corporate
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personhood
Should Lt. Cdr. Data Be
Allowed to Vote?
Not if he
has
corporate
personhood
QuickTime™ and a
decompressor
are needed to see this picture.
Yes, if he
both lacks
corporate
personhood
but has
natural or
other
juridical
personhood
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Pros & Cons of Typical
Corporate Personhood
Critical Factor
Advantages
Disadvantages
Secure Society
Single Point of
Accountability
Humans Reckless
in Groupings
Happy Society
Grouped Humans
Contribute to
Welfare
Humans Can Fill
Trounced by
Heartless Corps
Evolving Society
Liability Protection Interests of Corps
Encourages Risk- Not Same as the
Taking
Species
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Pros & Cons Applied to a
Transbeman (Society View)
Advantages
Disadvantages
Secure Society
More Focused
Legal Controls on
Transbemans
Creators Can
Escape Liability
Happy Society
Less Likelihood of Might Help
Transbeman
Unhumans Get
Agitation
Dominant
Evolving Society
Encourages
Consciousness
Extensions
Undermines Tried
& True DNABased Life
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Pros & Cons From
Transbemans View
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The Ethical Conundrum
2. Transbemans
That Think Like
Us Will Not Want
2nd Class
Corporate
Personhood
1. We Award
Rights to
Those Who
Value Them
3. Ergo, Those Who Value Rights As Humans Do, Ethically
Deserve the Same Constitutional Personhood That
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Humans Have
A New Type of Personhood:
Turing Meets Freud Meets Christine
Quick Time™ a nd a
d eco mp res so r
ar e n eed ed to s ee this pi ctur e.
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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
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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
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Basically, Each New Transbeman
Is Like an Immigrant
Let Those That
Arrive Live,
Work, Save &
Have Due
Process Rights
Let Those That
Want & Warrant
Citizenship, Via
Real-Life Test,
Have It
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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
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Critical Path Elements
Demonstrate
CyberConsciousness
Develop CyberPsychology
Certification
Get Judges to
Agree & Set
Legal Precedent
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