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the behest of a human commander, this is not the action of a robot. When an
autonomous car in “autopilot mode” steers the wheel to stay in its lane or avoid
a collision, this is the action of a robot.
Before moving on, it is worth pointing out that some have defended the
view that computers are moral agents by developing more minimal conceptions
of agency. Some of these conceptions, for example, do not require that agents
be able to form mental representations. They might hold instead that agency
is merely goal-directed behavior or self-regulation (see Barandiaran, Di Paola,
and Rohde 2009; Brooks 1991). However, these views of agency are so broad
as to include bacteria as agents. Even granting that these entities are some kind
of agent, it is difficult to accept that they are properly subject to moral require-
ments. It is true that some human actions seem to be carried out without mental
representation, such as tying shoes, turning a doorknob, or swatting a fly. To the
extent that these actions are carried out without mental representations and are
still morally evaluable, this is plausibly because they are performed by beings
who have the power and representational capacity to bring them under deliber-
ate rational reflection and critique. If I habitually do something wrong, and it is
morally appraisable, it is morally appraisable because I could have or should have
reflected on the reasons counting for and against it (see, e.g., Washington and
Kelly 2016).
So robots cannot be agents, and their actions cannot be the subject of deon-
tic evaluation: they cannot be right or wrong; they cannot be blameworthy or
praiseworthy. Still, natural disasters can be appraised as morally good or bad,
just as any other non-agentially-caused event can be appraised as good or bad.
We say that the earthquake in Haiti was a bad thing, where “bad” refers to
moral badness. The earthquake was bad because it caused a lot of death and
suffering. Consequentialists will find this appraisal quite natural: whether a
natural disaster is good or bad depends on its aggregate effects on beings whose
well-being matters.7 As with natural disasters, even if the deliberations and
choices of robots are not open to deontological evaluation, the effects that they
foreseeably bring about can be easily judged morally good or bad. If robots
were to act like perfect maximizing consequentialists, they would bring about
the best states of affairs. This is better than the alternative ways they might act,
even if maximizing consequentialism is not the true moral theory. One need
only accept that some states of the world are morally better than others.8 Since
robots cannot be subjected to other sorts of moral appraisal—they cannot do
wrong—the only moral claims that apply to robots are claims about the moral
goodness or badness of the outcomes they cause. Given this, robots ought to
act like perfect maximizing consequentialists (in the sense that the best state of
the world is one in which robots act like perfect maximizing consequentialists),
even if consequentialism is false.
When Robots Should Do the Wrong Thing • 261
Aunt Agatha. Fred has a rich Aunt Agatha, who is frittering away her
money. If she lives as long as she is expected to, by the time she dies she’ll be
just about out of money. When she dies, Fred will inherit whatever money
she has left, and he will donate all of it to an effective charity. If Agatha
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dies in the near future, as opposed to living out her natural lifespan, Fred’s
inheritance would do a significant amount of good in the world; the good
done by the donation will be greater than the badness of Agatha’s death.
Let’s stipulate that killing Aunt Agatha (now) is better than letting her live, but
that she doesn’t have enough money that the good done by killing her justifies
violating her rights by killing her. MR would kill Agatha, while DR would let her
live. We can approach the issue of whether it is permissible to create MR rather
than DR by asking, “Is it permissible to create an Aunt Agatha Terminator—a
machine to hunt and kill people like Aunt Agatha in situations like this?”
Let’s start by asking if it would be permissible to build a machine that will kill
only one Aunt Agatha and then self-destruct. Killing Agatha yourself is wrong
according to moderate deontology. It is difficult to see the act of designing and
deploying this machine as less wrong than simply killing Aunt Agatha yourself,
since there is a clear connection between the intentional action of the program-
mer and the death of Aunt Agatha.
What about building a robot that will kill multiple Aunt Agathas? Typically
this will be wrong if it is wrong to build a machine to kill a single Agatha. But it
is possible that sometimes the reasons in favor of killing n Agathas will be greater
than n times the reasons in favor of killing one Agatha, since the good we can do
with money often increases non-linearly.11 With $2, a starving person can buy a
fish and, with $4, two fishes; but with $20 the person can buy a fishing pole, which
has more than ten times the utility of a single fish. So there are possible scenarios
in which the total amount of good done by an Agatha Terminator is so incredibly
high that building one is justified, even though killing a single Agatha would not
be. Does this mean that in such scenarios we ought to build MR rather than DR?
When Robots Should Do the Wrong Thing • 263
It does not, because DR would also kill the Agathas in such a scenario. We
are permitted to violate duties when each violation is necessary, but not suffi-
cient, to bring about an outcome that justifies the violations, as long as we intend
and expect to do what else is necessary to bring about the outcome. For example,
imagine that, to bring about an incredible amount of good, one needs to tell a
small lie (but one that does violate a prima facie duty) and then hours later steal a
car. Imagine further that the amount of good done is more than enough to justify
the rights violation involved in stealing the car. Telling the lie can be permissible
for agents who intend to eventually bring about the good, assuming they have
good enough reasons to think they will succeed, even though the lie by itself does
not bring about the good. The lie and the car theft jointly constitute a justified
course of action, whereas each individual violation would not be justified absent
its contribution to this larger course of action. Similarly, an agent would be per-
mitted to kill each Aunt Agatha, provided that the agent intends and expects to
eventually kill enough Agathas to do enough good to justify all the killings. This
means that DR would kill the Agathas as well.
To summarize, we get the following results in Agatha cases (see table 17.2).
The only cases in which MR and DR will behave differently are those in which
killing Agatha(s) will produce insufficient good to justify the total amount of kill-
ing needed to bring about that good. It is wrong to kill Agatha(s) in such cases,
and it is wrong to build an MR that will do so. The Aunt Agatha Terminator
is just a stand-in for any version of MR. Whatever duties MR violates that DR
would not will create an amount of good that would be insufficient to justify
the violation, and making a robot that would violate these duties is wrong. If
some version of moderate deontology is true, as we are stipulating, it is wrong to
build a perfect consequentialist robot when one could build a perfect moderate
Maximizing utility justifies Both DR and MR will maximize utility and violate
killing n Agathas the Agathas’ rights; both do what a human agent
ought to do
Maximizing utility does not MR will maximize utility; DR will respect the
justify killing n Agathas Agathas’ rights instead; only DR does what a
human agent ought to do
Maximizing utility is Both DR and MR will maximize utility and respect
consistent with respecting the Agathas’ rights; both do what a human agent
the Agathas’ rights ought to do
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requires roughly 98% certainty that the defendant is guilty in order to convict
(Hughes 2014). The idea that it is permissible to risk a 2% chance of violating
one of the most serious rights—the right of the innocent to not be punished—
suggests that this and other rights need not be considered if the chance they are
violated is below 2%. On the other hand, 2% sometimes seems like an objection-
ably high risk to take with the rights of others. For example, most people think
drunk driving across town is wrong, but gratuitous sober driving across town is
permissible. The chance that someone driving drunk for ten miles will kill a per-
son is about 0.00001%, and so it seems that the threshold at which the right to
life can be ignored must be below this.14 These two extremes have very different
implications for building MR rather than DR. Imagine that, if MR behaves dif-
ferently from DR, it will kill one person to save five, and further assume that
saving five does not justify killing the one. For the sake of illustration, let’s put
the utility of one life at roughly $7 million (Applebaum 2011). The net bene-
fit of killing one to save five is $28 million worth of utility. On the assumption
that this amount of utility does not justify murder, building MR in this situation
would be permissible only if the chance that MR will actually kill the one to save
the five is below the dropout threshold. The probability that MR would bring
about an additional $28 million worth of utility over DR is the same as the prob-
ability that it would kill the one to save the five. This means that, if the dropout
threshold is 2%, then the expected utility of building MR when MR is permissi-
ble to build could be as high as $560,000 ($28 million × 0.02). If the threshold
is 0.00001%, the expected utility of building MR when MR is permissible could
be no higher than $2.80 ($28 million × 0.0000001). We might be obligated to
do acts that have the former level of expected utility, but (intuitively) not the lat-
ter. Therefore, we might be obligated to build MR if the probability threshold at
which rights drop out of consideration is high enough and the probability that
MR will violate rights is below that threshold.
17.4 Creating Imperfect Robots
As things currently are, we cannot create robots that perfectly follow the rules
of the correct moral system. For one, we often will build robots only on the con-
dition that they will do immoral things. To see why, consider autonomous cars
and autonomous weapons. It is intuitively wrong to drive frivolously too often,
probably because this makes us part of the collective harm of climate change. But
we will not create autonomous cars unless they are willing to drive whenever and
wherever their owners ask, even if this means they will drive frivolously. Similarly,
we will create autonomous weapons only if they are going to obey orders, includ-
ing orders to fight in immoral wars. Any robot we create now would be far from
When Robots Should Do the Wrong Thing • 267
acting like a perfect moral agent. But even when robot designers have the purest
motives and want to create the best robot they can, they will not know what the
correct moral system is. As we have seen, our lack of certainty about the future
can make it so that we should build robots who act according to theories we think
are false. Uncertainty about what the correct moral theory is can have the same
effect.
To show how this can happen, let’s narrow the choices a robot designer is
faced with down to two. Let’s call these the imperfect maximizing robot (IMR)
and imperfect deontological robot (IDR).15 IMR attempts to act as MR would,
and IDR as DR would. But each is imperfect because its designer lacks full cer-
tainty about either the correct theory of utility or the correct deontological the-
ory. As with the discussion of MR and DR, to see which of IMR and IDR we
ought to build, we should consider how they will behave differently. Like MR,
IMR will violate deontological duties in order to maximize utility in cases in
which the utility produced is not enough to justify the violations (e.g., it will kill
Aunt Agatha). But IMR will also sometimes violate deontological duties while
failing to maximize utility, when it miscalculates. Conversely, IDR will refrain
from doing what is best when it mistakenly thinks what is best will also violate
duties.16 For example, an autonomous car might give too much weight to human
property rights and too little weight to animals’ rights to life. As a result, it might
kill a squirrel rather than damage a car, even though damaging the car would max-
imize utility without violating any deontological duty. In this case, IDR does the
wrong thing when IMR would have done the right thing. This case illustrates the
following lesson: in cases in which IDR would mistakenly think there is a duty to
x, where x-ing does not maximize utility, then it would have been morally pref-
erable to have created IMR on the assumption that IMR would not have x-ed.
Given some uncertainty about what duty requires, designers should some-
times build IMR rather than IDR. To see why, and to see that this does not require
very much uncertainty, let’s consider a designer who finds herself in a moral ver-
sion of the so-called preface paradox. Imagine that the designer believes that IDR
and IMR will act differently in 100 situations, and, for each situation, she is 95%
confident that she knows what action is morally correct. Since IDR and IMR act
differently only when the designer thinks what IMR does violates a duty, she will
thus be 95% confident that IMR unjustifiably violates a deontological duty in
each of these 100 situations. Even though the chance of being mistaken about any
one case is 5%, the chance that she is mistaken about at least one of the 100 cases
is more than 99%.17 Put another way, in this scenario the designer can be almost
certain that IMR would violate only 99 duties, even though there are 100 cases in
which she is 95% confident that IMR violates a duty. If the amount of good that
IMR would do would justify 99 duty violations but not 100, then it would be
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permissible to create IMR. When one is less morally certain, one will have good
reasons to create IMR in a wider range of scenarios.
This claim may seem to contradict the views we discussed earlier in the con-
text of uncertainty and perfect robots. There we suggested that one should act
as if there is a duty to x when one is confident above some threshold that there
is that duty. In the example just given, the designer is clearly above the dropout
threshold with regard to each of the duties.18 Why doesn’t this mean that she
must program all of these into the robot?
Creating a robot is a single act, and if creating that robot violates one of the
creator’s duties (because the robot acts like a consequentialist), that duty is the
product of the conjunction of duties we expect the robot to violate.19 As we’ve just
seen, even if we are very confident that we are right about each duty we believe
in, we may not be very confident at all that we are right about the conjunction
of these duties. Given enough uncertainty, we needn’t build a robot to respect
all the deontological duties we think exist. We should instead build a robot to
act properly in light of every subset of these duties that we are sufficiently confi-
dent in. So we might not be confident above the dropout threshold that all 100
of some set of putative duties are actual duties. But suppose that for each subset
of 99, we can be confident above the dropout threshold that all members of the
subset are duties. We should program the robot in light of that confidence. If
the good we expect IMR to do justifies violating the duties in each subset of 99
duties, then we may create IMR.20
This shows that, in some situations in which one is unable to make a morally
perfect robot, one ought to make a robot that acts in line with moral views that
its creator firmly believes are false. We have shown this by considering designers
faced with two options: IMR or IDR. Of course, designers are faced with a large
range of possible morally flawed robots that they can construct. One might cre-
ate a robot that acts like IMR in some contexts and IDR in others. Or one might
create a robot that always acts like a deontologist would but whose actions reflect
a form of deontology one believes is not correct. We have shown that justified
confidence in one’s moral views does not rule out creating robots of these sorts.
Future work should explore when, if ever, we should create these sorts of robots.
17.5 Conclusion
We have argued that robots ought to act like perfect maximizing consequential-
ists, whether or not consequentialism is true. Thus, if highly intelligent robots
were to arise ex nihilo it would be reasonable to hope that they acted like per-
fect maximizers. Robots are designed and created by humans, however, so we
must ask whether humans should design robots to act like consequentialists. If
When Robots Should Do the Wrong Thing • 269
deontology is true, and we can make robots that act like perfect deontologists,
and we are sufficiently confident about the future choices robots are faced with,
then we should make our robots perfect deontologists. Robots are created by
imperfect humans, however. Given the right sort of uncertainty on the part of
the designers of robots—either high levels of uncertainty about a robot’s future
actions or high uncertainty about the complete moral theory—the designers of
robots may, and perhaps must, create robots to act on moral views that those
designers reject.
Notes
1. We assume that some creatures in the universe are robust moral agents. If this state-
ment is false, it undermines the novelty of our claim that robots are not the proper
objects of deontological criticism. However, it seems to impugn the more general
project of moral philosophy. We would have bigger problems to worry about in
that case.
2. For an earlier discussion of computer moral agency as partially developed agency
and a comparison between computers and other kinds of quasi-agents, see Floridi
and Sanders (2004).
3. For defenses of the desire-belief model, see Davidson (1963, 1978). For some
defenses of the taking as a reason model, see Darwall (1983), Gibbard (1992),
Korsgaard and O’Neill (1996), and Scanlon (1998).
4. The connection between actions and intentionality is controversial, but it is less
controversial to assert that an entity is not an agent if it cannot act intentionally,
whether the capacity for intentional agency is (i) necessary for or (ii) identical to
the capacity of agency itself. See Anscombe (1957), Davidson (1963, 1978), and
Johnson (2006). See also Goldman (1970) and Kuflik (1999).
5. Currently, we can design robots that act indeterministically, in that they are ran-
dom, but this is not the sort of indeterminism needed for a thing to be properly
subject to moral requirements. Moreover, if robots lack genuine free will, it would
also be unjust to hold them responsible for what they do. The suggestion that we
are puppets or automata is taken to be the limiting case to show that we are not
genuinely free, and so are not responsible for our actions. Yet there is no metaphor
needed here: robots would be genuinely unfree.
6. See Noorman (2014): “[A]lthough some people are inclined to anthropomorphize
computers and treat them as moral agents, most philosophers agree that current
computer technologies should not be called moral agents, if that would mean that
they could be held morally responsible.”
7. The suggestion that a natural disaster could be all-things-considered good may
strike some as incredible, but we think it is not. To wit: an episode of 30 Rock,
in which Robert De Niro rattles off a list of natural disasters: “this devastating
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wildfire … this horrible flood … ,” culminating with “this wonderful flood that
put out that devastating wildfire” (30 Rock, 2011).
8. Not everyone accepts this claim, but it is extremely plausible. Geach (1956) and
Thomson (2001) have denied that some states of affairs are morally better simplic-
iter than others. See Klocksiem (2011) and Huemer (2008) for replies to Geach and
Thomson.
9. W. D. Ross (1930) is usually credited with having defended the first moderate deon-
tological theory.
10. It may be that there are other reasons that count for or against building one of these
robots—perhaps it is much more expensive to build one rather than the other. We
are bracketing those here.
11. Conversely, the reasons against designing a robot to kill n Agathas might be less
than n times stronger than the reasons against designing a robot to kill one Agatha,
although it is hard to imagine such a case.
12. Our thanks to David Boonin for pointing out this alternative. Thanks, more
broadly, to the audience at the Ninth Annual Rocky Mountain Ethics (RoME)
Congress, especially Nicholas Delon, Spencer Case, and Rebecca Chan, for their
helpful discussion to clarify this point, among others.
13. While car accidents are a leading cause of death in the United States, they are rel-
atively rare in terms of crashes per mile driven. In the United States in 2012, for
example, there was one crash (whether it involved an injury or not) for every
528,000 miles driven (data from NHTSA 2012).
14. This is a ballpark estimate for the sake of illustration, but we arrived at it in the fol-
lowing way: Drunk drivers are roughly ten times more dangerous than sober drivers
(Levitt and Porter 2001). The U.S. Department of Transportation reports that there
is about one death per 100 million miles driven, which gives us an estimate of one
death per 10 million drunk miles driven. Driving ten miles drunk thus has roughly
a one in a million chance of killing someone.
15. We are going to bracket two interesting questions due to a lack of space. (1) Should
we perhaps create less ideal versions of IDR (versions that have some deontological
beliefs we expect to be false) rather than a more ideal IDR or IMR? There may be
good reasons to do so, but these depend on facts about the proper deontological
response to uncertainty. (2) Is it permissible to create imperfect robots rather than
no robots at all? With respect to the latter question, even if creating any imperfect
robot is wrong, we can still ask: Given that we are going to do that wrong, how
ought we to do it?
16. Other moral considerations bear on the creation of imperfect robots—these robots
might be created to do wrong things or might violate duties we are not aware of—
but these will not distinguish between IMR and IDR.
17. This and all the probabilities to follow are generated by straightforward binomial
probability calculations. You can find a calculator online (see, e.g., Stat Trek 2016).
When Robots Should Do the Wrong Thing • 271
18. Those familiar with the debate on moral uncertainty may note that this question
conflates uncertainty about what a robot will do with uncertainty about what the
moral duties are. Many think that this sort of uncertainty affects moral calcula-
tions differently. Even if it does, the question being asked here is a natural one
to ask.
19. Hawley (2008) endorses something like this view. Aboodi et al. (2008) seem to
deny it, but that is actually misleading. They think that, if a single agent is faced
with a series of choices, each of which involves uncertainty, they have to make
each choice independently and consider the probability that it violates some right.
However, robot designers are not faced with a series of choices, but only a single
choice, and so must calculate the probability that it violates some conjunction of
rights.
20. One might point out that, when we consider each subset of the duties we are con-
fident in, these subsets together include all of the duties we believe in; wouldn’t
this mean we have to program the robot to respect all 100 duties? Not necessarily.
Again, if IMR would do enough good to justify violating any 99 of these duties,
then we may create IMR rather than IDR, even though IMR will violate all 100
putative duties. This is because, even when we are extremely confident that it is
wrong to violate each duty in the set of 100 duties, taken together, we should have
very little confidence that it is wrong to violate them all.
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