Humanoid robots require not only human intelligence, but also human-like bodies to shape general artificial intelligence with physical form. The human body is not only a physical form in the biological sense, but also an important field for the emergence of all human perceptions and inner spirits, and it is also the basic node of the formation of social relations. The body and spirit are the core foundation for the formation of human subjectivity. The human body engages in cognitive activities by exerting its perceptual abilities and motor experiences, and carries out social activities by accomplishing conscious or unconscious actions. The human body, the non-spiritual elements related to the body, and the human spirit are an inseparable unity. The essence of humanoid robots is the imitation of human bodies and the imitation of human behavior. Imitating the form and function of "man", which has developed naturally over millions of years, through technological means will lead to the alienation of the concept of "man". This process severs the unity of body and spirit, and there are a series of risks such as the unity of people's cognition of others, the abuse of technology, and the human rights crisis. The development of the humanoid robot industry must abandon the concept of technology neutrality and attach importance to the value of "human form" in the rule of law.
Since the 19th century, human subjectivity has completed the transformation from "conscious subject" to "body subject". The emergence of humanoid robots has brought challenges to human subjectivity. With the rapid development of artificial intelligence and simulation technology, humanoid robots are gradually becoming a new wave of artificial intelligence development after large models. This type of robot not only pursues intelligent thinking, but also emphasizes having a body structure similar to that of humans, so as to shape a general artificial intelligence with a physical form. At present, the scientific community and industry are actively promoting the research and development and production of humanoid robots, and some people even set 2023 as the first year of the development of humanoid robots. Musk predicts that humanoid robots have broad market prospects and may surpass Tesla's car business in the future. According to a McKinsey report, by 2030, about 400 million jobs worldwide could be replaced by automated robots, and the global humanoid robot market could reach 12 trillion to 16 trillion yuan based on a 20% penetration rate and an estimated price of 150,000 to 200,000 yuan per humanoid robot. Continental regards the innovative development of humanoid robots as an important support for promoting new industrialization. In October 2023, the Ministry of Industry and Information Technology issued the "Guiding Opinions on the Innovation and Development of Humanoid Robots", which planned and deployed the overall development thinking, development goals and key tasks of Chinese humanoid robots. From the basic principle of composition, the humanoid robot is a fusion of a large model and a human body form. It uses the appearance of human body, imitates human body language, realizes behavior operations with the help of general large models, and even integrates into human society. The core lies in the fact that the agent simulates human behavior with the help of the simulated human body, establishes an interactive relationship with the environment and others, and then forms an understanding and transformation of the world.
Humanoid robots have shown broad application prospects in the fields of intelligent industry, intelligent medical care, and smart home. However, like other bots, it faces challenges in areas such as data security, privacy, algorithmic discrimination, generating harmful information and intellectual property. From the perspective of legal philosophy, humanoid robots have the appearance of "human" and similar to human behavior. However, it separates the unity of human body and spirit, challenges the essential prescriptiveness that distinguishes human beings from animals, shakes human subjectivity, and thus destroys the cornerstone of modern social law. This article will explore the meaning of the human body from the perspective of legal philosophy in order to deeply understand and respond to the challenges posed by humanoid robots.
1. The legal and philosophical implications of the human body
The distinguishing feature of humanoid robots is that they are extremely similar in appearance to humans. At the same time, it is also able to perceive and respond to the outside world in the same way that humans do. Unlike large language model artificial intelligence, which pursues the goal of human-like at the level of consciousness, humanoid robots strive to achieve this breakthrough in appearance. Unlike the shell of things, the human body is the culturally significant basis of human social activities. Nietzsche said, "The body is a great reason...... Your so-called spirit is also a tool of your body...... "After Nietzsche, modern social science has fully discussed the importance of the human body and its related non-spiritual elements such as the unconscious, desire, and perceptual movement to the essence of man. Therefore, from the perspective of legal philosophy, exploring the social meaning and legal attributes of the human body can further clarify the impact of humanoid robots on the concept of "human" and its social attributes and legal status.
(1) The concepts of body, sensation and person
Man is a unity of mind and body and non-spiritual elements related to the body. As early as the ancient Greeks, philosophers believed that the body and spirit were inseparable. According to Aristotle, the soul develops from the material and becomes the purpose of the body and maintains the perfection of the body, thus becoming the origin of human activity. However, this view focuses on the importance of the soul or consciousness to the human body, and devalues the human body. Both Plato and Descartes opposed the physical and spiritual consciousness. With the Enlightenment, there was a growing awareness of the importance of the body to human subjectivity. Different from Descartes's emphasis on the spiritual consciousness of man in "I think, therefore I am", the Enlightenment thinker Lametelli put forward the "philosophy of the body" from materialism. "All the functions of the soul depend on the delicate organs of the brain and the whole body, and, moreover, it is nothing but these organs." Then, philosophical and social scientists such as Durkheim, Mauss, Nietzsche, and Merleau-Ponty began to discuss the cultural implications of the individual body. They believe that the individual's body is the foundation of social formation, and that the body is the cornerstone of socio-cultural construction. Marx emphasized that the body has a strong human character and is unique to human beings. This is because spirit, consciousness, reason, and feeling are all specific to man, and these elements are highly dependent on the human body. Bourdieu's theory of "embodiment" takes the human body as the subject in the field. To a certain extent, the construction of social culture can be seen as the accumulated experience of human bodily practice. The concept of human beings is mainly composed of two basic elements: physical and mental. The body is an organic combination of natural physiological structure, behavioral structure, emotional experience structure and thinking and conceptual structure. It is only when these elements are integrated into the human body that the sensations of the body can be transformed into spiritual sensations and practical sensations.
The body has multiple meanings for people. First and foremost, the body is the cornerstone of the existence of man and his world. People perceive the external world through their bodies, and the body plays a key role in the transmission of information between people and objects. Without a body, one cannot form sensations and sensitivities, and thus cannot affirm the existence of oneself and the external world. The body not only produces sensations, but also activates being, having ontological importance. Second, the body ensures the integrity and wholeness of one's grasp of the world. The sensation of the body is holistic compared to the body parts. Marx called this feeling of completeness "all sensations", and only a complete body can form this feeling. Without wholeness of the body, one's senses will become incomplete and one's grasp of the world will be incomplete. The function of the body is much more than the simple sum of the functions of its parts, and it forms a complete sense of the world as a whole. Finally, the body reflects and expresses the inner emotions and true attitudes of the person. Inner emotions and true attitudes are a feeling and reaction formed by the body under the stimulus and influence of external things. These feelings and reactions are expressed through the body, allowing others to interpret and understand. It is mainly through the interpretation of physical reactions that people recognize the inner emotions and true attitudes of others.
(2) The structure of the legal system of the body
The human body is a combination of physical and spiritual, and it is only in the social system that it acquires meaning as a "human". Mary Douglas believed that the physical and mental properties of the body were highly unified. The body in the physiological sense can only gain universal meaning if it is practiced in a social system. Without the social system and social practices, the human body is reduced to a shell. However, in concrete social practices, the body has a strong vulnerability. In addition to being extremely vulnerable to natural disasters, physical diseases, and other factors, it may also be attacked by others. Hart proposes that man is flesh and blood, lacking the physical structure that other animals have to protect themselves from attack. It is a self-evident fact that the human body is vulnerable to attack and injury. Therefore, the law needs to adequately protect the body. An important purpose of the modern legal system is to protect the human body from harm.
First of all, from the point of view of value and dignity, the law protects the body. The progress of society has made the modern legal system pay more attention to the rights and interests of human body and tend to protect them in a more humane way. This is mainly reflected in the legal protection of the value and dignity of human beings. In 1789, the Declaration of the Rights of Man, promulgated by France, which had a profound impact on the world, stated: "All men are and always have been free, equal before rights." "The Declaration of Human Rights places the value and dignity of the human person in the first place, and sets a precedent for the use of fundamental law to protect the value and dignity of the human person. Since then, most of the world's constitutional countries have made similar provisions in their basic laws or constitutions. For example, the German Basic Law states: "The inviolability of human dignity is the duty of all State organs to respect and protect this dignity." "In addition to guaranteeing the value and dignity of the human person in the form of fundamental laws, the modern state also focuses on implementing these provisions through other fundamental laws. Taking China as an example, in terms of civil affairs, the Civil Code of the Mainland has made systematic provisions on the protection of the value and dignity of human beings, and detailed provisions can be found in the "General Provisions", "Personality Rights", "Marriage and Family" and other parts, such as Article 4, which stipulates that "the legal status of civil subjects in civil activities is equal"; In the criminal aspect, the Criminal Law, the Criminal Procedure Law and other laws fully protect the value and dignity of criminal suspects and defendants. For example, article 14 of the Code of Criminal Procedure stipulates that the above-mentioned subjects have the right to file a complaint against the personal insult of adjudicators, prosecutors and investigators. For example, article 246 of the Penal Code prohibits public insults or fabrication of facts to slander others.
Secondly, from the level of specific rights and interests, the law has comprehensively protected the body. In the modern legal system, the right to the body is regarded as a fundamental right of the human person. Specifically, the right to the body refers to the right of a natural person to control his or her limbs, organs and other human tissues, as well as the right to maintain his or her safety and integrity. The relevant provisions of the Constitution, civil law, criminal law, economic law, and even international law together constitute a rigorous system for the protection of the physical rights of natural persons. Generally speaking, the legal protection of the right to the body of natural persons is mainly reflected in the guarantee of physical integrity, freedom of movement and the right to control over their own limbs, organs and other human tissues. In the laws and regulations of the mainland, there are a large number of provisions to protect people's physical rights and interests. With regard to bodily integrity, articles 234 and 235 of the Penal Code stipulate that no person may be intentionally or negligently harmed or that his or her organs may not be harvested without his or her consent. With regard to freedom of movement, article 37 of the Constitution states: "Unlawful detention and other unlawful deprivation or restriction of a citizen's personal liberty and unlawful search of a citizen's body are prohibited"; In terms of the control of the body, Article 106 of the Civil Code stipulates that "a person with full capacity for civil conduct has the right to decide on his own in accordance with the law to donate his human cells, tissues, organs and remains without compensation." No organization or individual may compel or deceive them to donate."
Finally, from the perspective of rights and interests remedy, the human body in modern society needs to remedy the infringement that has occurred through legal means. In addition to protecting the body in the form of value, dignity and the right to the body, the modern legal system is also fully aware of the problem of possible violations of the human body and provides corresponding remedies. Citizens who have suffered physical assault may seek legal remedies from public security organs, courts, procuratorates, arbitration commissions, etc. From the perspective of the subject of the infringement, the subject can be divided into the subject of public power (such as state organs) and the subject of private rights with equal status with the subject of the infringement. The law provides different remedies for the harm caused by these two types of subjects to the human body. As far as the former is concerned, the statutory remedies for rights and interests mainly include state compensation, control of state functionaries, criminal detention, fixed-term imprisonment, life imprisonment and the death penalty. In the case of the latter, minor violations generally take the form of civil remedies, such as cessation of infringement, compensation for costs, formal apologies, restoration of reputation, etc., while serious violations may rise to the criminal level, and the offender will face punishments such as public surveillance, criminal detention, fixed-term imprisonment, and even life imprisonment and the death penalty. Generally speaking, the modern legal system mainly provides relief to people who have suffered physical violations in the form of moral compensation, monetary compensation, and more severe restrictions on liberty and deprivation of life, and the actual level of relief varies with the age of the victim, the degree of injury, the area where the victim is located, and the economic status of the infringer.
2. The alienation of the concept of "human" by humanoid robots
Humanoid robots are the product of technological extensions of the human body using artificial intelligence, materials science, and simulation technologies, and are designed to give artificial intelligence the distinguishing characteristics of a human appearance. This design not only brings the physical distance between humans and machines, but also uses the human senses to enhance the emotional identification of people with the agent. Because of this, this embodiment through technology has alienated the concept of "human" to a certain extent.
(1) Generation of humanoid robots: the body construction of agents
From the point of view of origin, technology is the ability of human beings to improve their ability to act on nature with the help of external forces. With the development of technology, the combination of technology and the body is getting closer and closer, and there are two trends: the technology of the body and the body of technology. As far as the technologization of the body is concerned, Chris Schilling believes that it mainly includes three forms: the replacement of the body, the expansion of the body, and the transformation of the virtual body community. Among them, the replacement body is mainly concerned with the use of technology to repair or restore the original functions of the body. Expanding the body emphasizes the use of technology to expand the functions of the body, supplement or enhance the body's ability to adapt to the external environment and control the environment. The transformation of the virtual body community emphasizes the use of technology to create some ways for people to exist in groups, so as to break through the limitations of time and space on people's bodies. The embodiment of technology refers to the emphasis on the embodiment of technology in the process of technology development and application. It requires technology to have the appearance of a human body, and to be able to use human tools and realize human capabilities like a human being.
If large-scale model artificial intelligence mainly focuses on the technicalization of the body, then humanoid robots focus on the physical materialization of technology. It often emphasizes that robots should have a normal human body shape, human joints of the degree of freedom, use human tools, and perceive the world in a way unique to human beings. In order to achieve this purpose, the designers mainly develop from the aspects of body structure, servo drive, intelligent perception, drive control and support environment. In terms of ontological structure, humanoid robots have heads, shoulders and necks, arms, lower limbs, chest and abdomen, joints, skin, muscles, and overall shape. This forms a human-like body in appearance. In this process, technology embodiments technology with the help of the appearance of the human body. This kind of body construction of the agent helps to realize the transformation of machines into tools, so as to achieve the purpose of extending the body technology. Although machines and tools are both tools, there is a big difference in the degree to which the human body is involved. Karl Mitcham said: "A tool is a machine that is operated by hand, at least the element that is in direct contact between the machine and the things around it can be manipulated by man in principle, and the machine is the name given to something that can function independently, or to say that there is an aspect of the appliance that does not depend on people." "Designing the agent according to the appearance of the human means that the activity of the agent should not only follow the logic of technology, but also conform to the purpose of the person, and then form a new form of subject for the future. This technologically engineered body is a silicon-based life.
(2) The creation of the body and the dissolution of the sanctity of man
The sacredness of human beings is a qualitative prescriptive nature of human beings in modern society. In order to prove this sanctity of the human being, scholars mainly develop it from two aspects: the spiritual will and the body. As far as the former is concerned, modern social science emphasizes that the spiritual will rooted in the human body has the ability to think rationally and the cognitive thinking ability of "embodiment". In the case of the latter, it emphasizes the independent nature of the human body form, emphasizing that the body itself is a sacrosanct existence. The integrity of the body itself and the satisfaction of its needs should be fully respected, which is the starting point and premise of all human institutions. The sanctity of the body derives from its non-creation and as the basis for the existence of life. The body is made up of 11 elements, including oxygen, carbon, hydrogen, and nitrogen, and it has long been believed that it is the result of the action of divine forces rather than artificially created. With the decline of religion and the secularization of human life, the sanctity of the body is demonstrated primarily through the intrinsic purpose of the living body. As an important carrier of life, the body has the power of self-sustainment. On the one hand, it is self-generated, not created by an external creator or designer; On the other hand, it is able to distinguish itself from the external environment and become an independent individual, with self-sustaining, self-preservation, and self-healing functions.
To a certain extent, humanoid robots are meant to simulate human body systems and give agents the appearance of humans. Although this kind of technological body is different from the human body in terms of organizational structure, it means that people are gradually making "bodies" that meet people's aesthetic views and psychological needs. The appearance and function of the body, which has evolved naturally over millions of years, have been imitated by people using technological means. This process is also a process of "disenchantment" of the body, which will inevitably dissolve the sacredness of the human body.
(3) The duality of body and mind and the alienation of the concept of "man".
With the development of simulation technology, humanoid robots are getting closer and closer to humans in appearance. It will have a human-like torso and skin, as well as some ability to communicate with people. This is indeed easy to give people a "human" feeling in appearance. Moreover, with the proliferation of humanoid robots, it is highly likely that it will be difficult to distinguish between humans and humanoid robots. In this case, it is highly likely that one will once again look at the concept of man from the perspective of mind-body duality. The so-called "mind-body duality" was proposed by Descartes. He believed that the human soul and the human body were separate from each other and could exist independently. He pointed out: "I have a clear idea of the body, that it is only a thing that has a broad extension and cannot be thought, so what is certain is that this I, that is to say, my soul, that is to say that the thing that makes me mine, is completely and truly distinct from my body, and that the soul can exist without the body. This mind-body dualistic view, which directly defines the essence of man as the soul or matter, severs the connection between the mind and the body, and the result is that man is either an ethereal spiritual being capable of dominating the world, or a determined material existence without vitality.
As far as the humanoid robot is concerned, although it has a body similar to a human being, and this will increase people's closeness to it to a certain extent, and have a high degree of empathy potential, it is predetermined and arranged by people before their own perception and cognition. From the design point of view, the body organization structure and the mind organization structure of humanoid robots are two completely different and separate systems. When we put a human head, arm, skin, muscles, etc., into an agent, in addition to the functions of these human tissues, they cannot effectively promote the relationship between thinking and the body, and it is difficult for thinking to have a physiological impact on the development and change of body structure. However, the empathy between humans and humanoid robots is very likely to make people have emotional sustenance and attachment to humanoid robots, and regard them as human compatriots. In this process, the concept of man is highly likely to be alienated into a material existence. When we see a material that is similar to a human body and has the function of certain body parts, we psychologically identify it as a human being, and assert a series of rights that are given to it.
3. The systemic risk of humanoid robots under the alienation of the concept of "human".
By creating a body, the humanoid robot severs the unified relationship between the body and the mental will, thus constructing a dualistic relationship between body and mind on the underlying logic. Under the domination of this mind-body duality, humanoid robots are prone to bring a series of systemic risks.
(1) The dissolution of the unity of human intuition and human essence
From the perspective of people's cognitive level, people's understanding of things includes two basic levels: intuitive cognition at the perceptual level and symbolic cognition at the rational level. Intuitive cognition often precedes symbolic cognition, which is a cognitive activity carried out under the premise of perceiving things. The emergence of humanoid robots has made people more and more perceptually exposed to a material similar to a human body. This material is very close to the human body in terms of appearance, body feeling, and function. It is highly likely that people will perceive this material and its trajectory as a kind of human intuition. This intuitive impression of people will inevitably affect people's symbolic cognition of people, and ultimately determine people's attitudes towards people and their essential understanding of people. Therefore, this kind of humanoid robot that simulates the intuitiveness of human is very likely to bring a risk, that is, the "human" in the sense of perception may not really be a "human" that conforms to the prescriptive nature of human nature. With the development of materials technology and simulation technology, humanoid robots can function far more on body parts than real human body parts, which is very likely to arouse suspicion of themselves. This dissolution of the unity of human intuition and human essence is very likely to bring the following risks.
First, it is easy to blur the boundaries between humans and machines. From the perspective of cognitive logic, modern artificial intelligence technology cuts the human thinking system and psychological system, and simulates the human thinking system and body system respectively, and finally puts the two systems into the artificial intelligence device through different technologies. This also makes the robot more and more human-looking, which increases the positive emotion towards AI. In this process, humanoid robots both think and work like humans on the surface, and have a high degree of resemblance to humans in appearance. The more humanoid robots are numbered and more developed, the blurring of the boundaries between humans and machines.
Second, it is easy to have a sense of alienation from the same kind. The intuitive similarity of human beings and the similarity of the body help to enhance mutual understanding and cooperation between people, so as to produce the same kind of emotions. Humanoid robots are developing more and more towards human intuition, which means that a large number of materials with human intuition but not human essence will emerge in society. They are functionally far beyond the individual and increasingly extend into the emotional realm. In the past, the needs that needed to be met by talents are now very likely to be met by humanoid robots, and there will even be a replacement for humans by humanoid robots. Therefore, in the process of long-term interaction with humanoid robots, it is very likely that people will develop a dependency relationship and a sense of alienation from their own kind. While humanoid robots attract users through built-in emotions and human-like images, and promote human-computer interaction, they will also promote humans to become more attached to robots, forming an over-dependence and reluctance to communicate with the real world.
Third, it is easy to have a "uncanny valley effect" on humanoid robots. Humanoid robots have realistic human intuition, but they are not consistent with the essence of human beings as symbolic cognition at the level of reason. The separation of human intuition and human essence will inevitably enhance people's fear of humanoid robots, and eventually form a "uncanny valley effect". The "Uncanny Valley Effect" was proposed by Japanese roboticist Hiroshi Morii. He believes that artifacts close to the human image will trigger human fear, and through experiments, he proposed that when the humanoid robot is more than 95% similar to the human image, even the slightest slight difference with the human image will be very dazzling, and make the whole humanoid robot appear stiff and terrifying, which will make people feel like facing the walking dead. He also believes that the more active the humanoid robot is, the stronger the "uncanny valley effect" will be. The more people reject robots, the stronger they are.
(2) The human rights crisis under the dilution of "personality".
Once the humanoid machine triggers a crisis in people's intuition, the "atavism" of human rights understanding becomes a logical necessity. In fact, mind-body dualism is by no means a new understanding generated in the digital age, but rather a resurrection of the consciousness of the "separation of spirit and body" in the Middle Ages. This can be seen in a history of the Person. The concept of "person" derives from the metaphor of the Roman stage play, which originally meant a mask on the stage, and behind each mask there was a "voice". As a metaphor, the "person" is used to refer to an individual who is as emotional, thoughtful, and spiritual as a character on stage. In fact, the seeds of mind-body dualism are planted at the origin of the concept of "person". The understanding that the human form is obscured under the mask, and that the emotions, thoughts, and spirituality expressed through the characters are the key to the "person", provides a logical possibility for the medieval Christian theory of "separation of spirit and body". In the view of medieval scholasticism, "latent wisdom is completely detached from the flesh, or can be said to be superorganic". The soul is immortal, and can exist even when it is separated from the body, while the concept of man is a combination of wisdom, feeling, and material life. This meant that wisdom and soul became a necessary criterion for identifying people, which evolved into the basic method of the Church in the late Middle Ages to suppress human nature and human rights—by preaching the lack of "wisdom" of ordinary people to construct human beings as "degenerate" entities, declaring that "after the fall of human beings have lost all rights, they have some rights because of their status in the Holy Order of the Church, which has complete dominion over all things".
Under the logic of "separation of spirit and body", human rights become a kind of puppet that can be arbitrarily manipulated by religious authorities using various sophistry. And in order to restore the natural legitimacy of human rights, political philosophers did a great deal of work between the Reformation and the Enlightenment. And even after the Enlightenment, this logic of separating human intelligence, soul and body still has a subtle effect on the world like a "ghost". Discriminatory concepts such as "anthropology" and "orientalism" constructed in the 18th and 19th centuries in the Western world can actually be traced back to this, providing so-called political legitimacy for colonization, invasion and enslavement by constructing primitive human tribes and conceptual "Oriental" as uncivilized "species". Clearly, the adverse effects of this discriminatory theory persist today. It can be seen that the reaction to mind-body dualism and the transformation of the concept of human identification by the biological criterion of human beings is a major advance in the process of human modernity, and it is also the primary theoretical basis for the universalization of human rights for the benefit of all mankind. It is an important theoretical basis for the construction of the contemporary human rights system to associate the concept of human beings with the human form, to endow the human form with a "person", and then to organically unify the human form and the essence of the human being, and to treat each person as a noble subject who "is an end in itself" on an equal footing. It is only on this basis that the expression of the Enlightenment's "natural human rights" can become a correct idea and not just a hypocritical slogan.
The danger posed by humanoid robots lies in the abuse of the human form on the machine, so that what is hidden under the human form is no longer the inevitable subject as an end, but may be a tool that exists as a means. The unity of the human form and the essence of the human person constructed in the course of the century of modernity is once again in danger of being separated. A humanoid machine means that there is a criterion for identifying whether an individual is human or not. It gives rise to a theoretical logical paradox in which either human rights are given to machines, or human standards are not merely recognizable by formal criteria such as biological human standards. However, both of these are difficult theoretical propositions to accept in contemporary times. The humanoid machine dilutes the importance of the human form to the human person. Clearly, giving machines the form of a human is diluting the value of the concept of human form for man, and behind it lies a resurgence of mind-body dualism. The resurrection of this "theoretical ghost" is destined to put in danger the fragile flower of modern human rights theory, which has been watered with blood and tears since the Enlightenment.
(3) The control of people behind the humanoid robot
As a new wave of development of the artificial intelligence industry, humanoid robots require a large amount of capital investment in R&D, promotion and application, and the value orientation and interest intentions of developers and producers will inevitably be implanted into humanoid robots, and to a certain extent, a kind of control of real people will be formed. This manipulation is more stealthy and less noticeable due to the humanoid robot's human-like appearance. For example, humanoid robots are able to use human-like proximity to gain more "followers" and hint at popularity through the number of "followers", thus influencing or even swaying users' online political expression. Specifically, there are two main forms of control and domination of people behind humanoid robots.
The first form is the use of humanoid robots to directly manipulate and dominate real people. In addition to having the appearance of the human body, humanoid robots are also being endowed with emotions, and the closeness generated by the appearance of the human body makes it easier for real people to empathize and empathize with the machine, thus extending the emotional attachment of people beyond our own species. However, humanoid robots can take advantage of the emotional weaknesses of real people to make users accept simulated emotions, so as to impose the inner intentions of developers and producers on real people, and achieve the purpose of controlling and dominating real people. The developers and producers of humanoid robots often take advantage of the empathy and sympathy of real people to machines to carry out excessive sensational propaganda and manipulate the empathy of real people, which not only affects the satisfaction of real people's physiological functions, but also affects the realization of real people's moral life.
The second form is to achieve the true psychological purpose of dominating real people by dominating and manipulating the appearance of humanoid robots. "Man is an end, not a means" is a basic tenet of modern society, which to a certain extent avoids the exploitation, oppression and manipulation of individuals by others. However, humanoid robots that combine human-like body systems with thinking systems that mimic human thinking blur the boundaries between humans and machines to a certain extent. When humans use humanoid robots, the boundary between humans as ends and tools as means becomes more and more unclear, which makes people feel that they dominate and manipulate real people, and deepens the impression that "people can be treated and controlled as tools". This will undoubtedly cause damage to human subjectivity. Thus, Ethical Design: A Vision for Prioritizing Human Well-Being with Autonomous and Intelligent Systems states: "Autonomous intelligent systems with caring uses should not be presented as legally human, nor should they be given human status and sold." ”
4. Legal and philosophical responses to the risks of humanoid robot systems
Epistemologically, humanoid robots separate the human body from the mental will, severing the internal connection between the mind and the body. This is very likely to alienate the basic concept of "human" and bring a series of systemic risks in practice. In the process of vigorously developing the humanoid robot industry, we should be fully aware of the existence of these risks, and we should effectively respond to these risks from the level of legal philosophy and control them within the acceptable range of human beings.
(1) Abandon the concept of technology neutrality in the development of intelligent technology
For a long time, people have always looked at science and technology issues from a technology-neutral perspective, and believed that the development and application of technology should follow the law of the evolution and development of technology itself. The reason for this is that technology is a tool used by human beings to achieve good or evil goals, and the good and evil, the beauty and ugliness, and the rights and wrongs are not determined by technology, but by people to control and influence. This notion of technology neutrality clearly ignores the value attributes of technology. The so-called value attribute of technology emphasizes the social goals and social impacts involved in technology. It is subject to the value system of a specific time and space, and frames the real world with a certain value, which reflects the responsibility that human beings should bear for technological progress.
As far as humanoid robotics is concerned, it directly simulates the human body and appearance. In order to maximize profits, developers and producers often follow a logic similar to genetic technology to look at the human body. Genetic technology defines human beings as pure physical organizations detached from social relations, and as long as human bodies are made perfect, human beings will be perfect. As long as there are no "defective genes", "disease genes" or "abnormal genes" in people's bodies, people will be healthy, wise, and creative. In the process of developing humanoid robots, developers and producers mainly consider the appearance of humanoid robots and simulate human bodies from the perspective of technical parameters, ignoring the influence of culture, customs, values and other factors on the appearance of humanoid robots. The human-like body and appearance have narrowed the distance between humans and machines to a certain extent, and enhanced people's identification with robots. This also greatly increases the chances of capital implanting its own intentions with the help of this affinity and identity. Therefore, in the development process of humanoid robot technology industry, it is more necessary to abandon the concept of technology neutrality and establish a concept of digital technology for good. This concept emphasizes that we should fully realize that AI technology is also a double-edged sword. While it brings a certain amount of good news to mankind, it also has the possibility of sliding into a "digital Leviathan". Therefore, the concept of digital technology for good requires people to constantly avoid the evil of technology, overcome the "backlash" effect of digital technology Leviathan, integrate social responsibility into the use of digital technology, and guide new technology to be used for good rather than abused, so as to build a better digital civilization.
(2) Attach importance to the rule of law value of the "human form".
The biggest feature of humanoid robots is to make artificial intelligence have the appearance of human beings, and try to make artificial intelligence use human tools like human beings and adapt to the basic environment of human existence. In this sense, humanoid robotics is creating the human body. However, the human body and appearance are closely tied to the human spiritual will. The uniqueness of the human body and appearance is also one of the sources of legitimacy for the sanctity and dignity of the human being. From the perspective of academic history, there are two basic approaches to the legitimacy of human sanctity and human dignity: argumentation from internal basis and argumentation from external factors. The human body and external manifestations are an important aspect of the extrinsic factor argument. Kant explicitly talked about people's responsibility for the body, and believed that the body should not be an accidental form of human life and a vassal of the moral self, but should be a constitutive element in the establishment of the moral self. He also believed that the body not only has intrinsic value as a whole, but also extends to all parts of the body. This is also the fundamental reason why human beings should treat funerals and aftermath with reverence. The humanoid robot's imitation of the human body and appearance is highly likely to instrumentalize the human body, thereby offending human dignity and sacredness. Therefore, in the process of R&D and production of humanoid robots, we should pay attention to the rule of law value of "human form".
First, AI must not discriminate against people when it uses the physical appearance of people. The principle of non-discrimination requires respect for the diversity of individuals and that individuals are not treated differently on the basis of race, ethnicity, nationality, religion, language, gender, physiognomy, etc. In the process of R&D and production of humanoid robots, there should be no discrimination in the selection of humanoid appearance, let alone the use of artificial intelligence humanoid appearance to scandalize or dwarf the image of specific groups. Ethical Design: A Vision for Prioritizing Human Well-Being with Autonomous and Intelligent Systems explicitly states that discrimination and inequality based on stereotypes, gender, or ethnicity should be prohibited in the design and deployment of intimate robots.
Second, AI must not infringe on an individual's portrait rights when using the appearance of a person's body. The portrait right is an important right directly aimed at the design of the person, and it has a strong absolute and exclusive nature. Without the permission of others, producers of humanoid robots shall not use the portraits of others as the embodied appearance of humanoid robots, nor shall they arbitrarily use portraits that have formed a relatively stable correspondence in the social circle of the subject of portrait rights as the external presentation of humanoid robots. In recent years, there have been more and more cases of humanoid robots infringing on personal portrait rights. For example, Hong Kong designer Ma designed a humanoid robot that bears a strong resemblance to Hollywood actress Scarlett Johansson. This is a clear violation of Scarlett Johansson's portrait rights, and she has every right to sue Ma.
Finally, AI must not violate basic social morality when using the appearance of the human body. As mentioned above, the appearance of the human form as a robot is very likely to be associated with a real person from the appearance of the robot, thus blurring the boundary between man and machine, and even gaining a sense of domination and control over real people from the use of machine processes. Therefore, people should not use the appearance of a person's body for vulgar or indecent purposes, let alone use humanoid robots in the obscene pornography industry.
(3) The emotional duty of care in the humanoid robot industry
In terms of emotional identity, human beings will not only identify with the entity with the "life form", but also form the corresponding cognitive judgment on the "life form", so as to have a sense of closeness to the entity with the characteristics of life. Humanoid robots have a strong humanoid form, and it is very easy for people to think that humanoid robots are emotional interaction objects, and form a one-way attachment relationship between humans and machines. The humanoid robot industry is prone to abuse this sense of closeness generated by the humanoid body of humanoid robots to achieve the purpose of profit through emotional control. Therefore, it is of great significance to legally give the humanoid robot industry an emotional duty of care to users. The so-called emotional duty of care refers to the research and development and production of humanoid robots, which should prevent the use of technological advantages to artificially increase the user's emotional dependence on the robot, resulting in psychological manipulation or isolation from society. Specifically, this obligation mainly includes the following: (1) The R&D and production of humanoid robots shall not directly manipulate the user's mind. This obligation essentially emphasizes the user's selectivity in the use of the humanoid robot. This prevents developers and producers from taking advantage of the user's dependence on the humanoid robot to control the user. (2) Obligation to inform of emotional impact. R&D and producers shall clearly inform users of the basic principles of humanoid robots and humanoid interactions, the possible impact on users' emotional identity during the interaction, the possible impact of humanoid robots on the relationship between people, and the side effects that humanoid robots can have. (3) Obligation to prevent social isolation of users. In addition to the social obligation to widely publicize the irreplaceable human nature of humanoid robots to the society, the humanoid robot industry should also prevent users from indulging in the illusion of humanoid robots through technology implantation and time control, so as to avoid evading the responsibility of correctly understanding the real world.