In the previous section I have presented the key conditions on which the attribution of responsible agency depends according to the relevant philosophical literature. In particular, I have remarked that there are two (perhaps interdependent) conditions that a system has to satisfy in order to be considered a responsible agent: the control condition and the epistemic condition. In this section I will investigate the cognitive requirements that a system has to fulfill in order to satisfy these conditions. The aim is to understand the source and rationale of the resistance to think that artificial systems can be full-fledged responsible agents—see Sparrow (2007) for a representative skeptic about the possibility of AISs being truly responsible agents.
Control condition
The control condition for responsible agency demands that the system has certain cognitive and executive capacities that allow it a) to detect the normatively relevant features of her environment and b) to respond appropriately to them. Imagine that a person is asking for help as she is drowning. The first condition impose that a system cannot be held responsible for its actions in these situations unless it is sensitive—i.e., it has the capacity to detect—the morally relevant features of the situation—that someone needs help. The second condition imposes that the system has the capacity to respond appropriately to this situation. An adequate response in this case could be something like the capacity to rescue the person—maybe without putting its own existence in risk—or to call for help. Current artificial systems do have the required executive abilities to respond appropriately in at least some morally relevant cases demand and hence condition (b) provides no reason to cast doubt on the idea that AISs can be responsible agents. As with regard to condition (a), one might think that an AIS might be unable to detect normatively relevant features because it cannot have detectors for normatively relevant features. I cannot figure out what would be the motivation for such a claim. Fortunately, our imaginative capacities in this regard are irrelevant because the idea is simply misguided. In general, detecting a state or event S does not require that one has some sort of specific detectors for S; it rather requires a distinctive state of the system, R, that correlates with the environmental condition S.Footnote 7 For example, in vision we can detect apples despite the fact that we only have specific detectors for basic properties like shades, colors, etc. Likewise, we seem to lack specific detectors for people needing help and we detect the normatively relevant facts by detecting, for example, that they are yelling and moving their arms—which we might detect in turn by detecting more basic features. AISs have no problem to detect those properties on the basis of which we detect the normatively relevant properties.
One might reasonably remark that being able to detect the very same properties that we detect might not be sufficient for detecting the normatively relevant facts. For example, one might think that detecting the normatively relevant facts requires, on top of the capacity to detect certain aspects of the situation—a capacity that AISs might share with us—, to employ such information to become aware of the reasons to act. So, although nothing prevent the use the available information for further tasks, there is room for reasonably calling into question that AISs have the capacity to detect normatively relevant facts for reasons linked to the awareness of the reasons to act. This brings us straightforwardly into the analysis of the epistemic condition.
Epistemic condition
On the construal I favor, the epistemic condition on responsible agency shows that responsibility-relevant control requires that the agent is aware of certain things. As I explained above, this requires an elucidation of both the content and kind of awareness that is relevant for responsibility attributions. I turn now to an investigation of the cognitive capacities that are involved in securing the relevant awareness.
The kind of awareness
First, I need to know what kind of mental states constitutes the relevant awareness. As I noted above, the state in question is typically characterized as belief. Roughly, to believe that such-and-such is the case is to take it to be true that such-and-such is the case—to take it that the state of affairs described by the sentence “such-and-such” obtains.Footnote 8 The analysis of different attitudes is typically given in functional terms and there is no reason to think that—leaving consciousness aside—an artificial system cannot satisfy the characteristic function of beliefs. In particular, the attitude of taking p to be true doesn’t entail anything beyond the capacity to draw certain inferences from p, the disposition to sincerely report that p and the disposition of letting action be guided by p.
We can safely accept the truism that one can belief that p is the case only if one can represent that p—only if one can be in a state that represents p. One might thus think that the reason why an artificial system cannot be a responsible agent is precisely that artificial systems cannot have genuine representations. For example, according to John Searle (1990) genuine representation depends on consciousness and most people are reluctant to attribute conscious experiences to AISs. According to Searle, artificial systems can be said to hold representational states only derivately, since in their case those states depend on the content of the representations of their conscious creators, and one might argue that responsible agency requires genuine representations.
However, this view is not very popular nowadays. Against it, naturalistic theories of mental content attempt to explain what it takes for a system to entertain representational states in non-intentional terms. These theories exploit different causal (Fodor, 1987; Kripke, 1980; Putnam, 1981), functional (Millikan, 1984, 1989; Neander, 1991, 2017; Papineau, 1984) or structural relations (Block, 1986; Cummins, 1996; Watson, 1995) to offer an account of representation. On the basis of such accounts, most theorists are willing to attribute to artificial systems the same kind of representational states that we attribute to our own cognitive systems. Recent research on the notion of representation as it is used in cognitive science—which contributes to explain why animals succeed or fail in various goal-directed activities (Shea, 2018)—can help us to illustrate the absence of significant differences between human and non-human representations. This supports the claim that AISs can have representational states.
Explanations in terms of representations allow us to make sense of successes and failures of goal-directed behaviour. These sort of behaviours or outputs of a system are called by Shea the task functions of the system. According to Shea, for the output of a system (like movement or behaviour) to be explainable in representational terms, the system has to be able to produce this output in response to a variety of inputs and across an array of external conditions as a result of a stabilizing process, thereby exhibiting a teleological function. Shea embraces the etiological view that a behavioural trait has a function in virtue of its history, where natural selection is the typical stabilizing force that fixes the function of the output. But, as he notices, biological evolution is not the only stabilizing force. There are other forces operating at the level of individuals rather than populations that can also play the required role in fixing the function of a trait or output, for example feedback-based learning and contribution to persistence (ibid., ch. 3).
Representations are internal states (vehicles) that bear exploitable relations to distal states of the world, where exploitable relations are informational correlations between vehicles and the distal states in the world, or structural correspondences between vehicles in the system and relations in the world—as it happens in the case of a map, where there is a structural correspondence between the features of the vehicle, the map, and what it represents. Representations play a role in the explanation of an output when the system performs the function through the computation on these internal vehicles that exploits the relations they bear to the world. AISs have then task functions, because their outputs can be stabilized and because they have internal states that stand in relations to the states of the world that can be exploited in the computations that give rise to the corresponding task function. Therefore, the sort of intentional explanation of behavior that is adequate in our case—and in the case of non-human animals—is also adequate in the case of AISs, so there is no reason to think that AISs cannot have representations thus understood.
Another important source of resistance to the idea that AISs can genuinely be morally responsible concerns consciousness (Torrance, 2012). As I noted in Sect. 2, most philosophers think that responsible agency requires awareness of some kind or another, and awareness is usually equated with consciousness. The problem here is that many people tend to resist the idea that AISs can have conscious experiences at all (Gray & Gray, 2007).
The terms ‘consciousness’ is used to mean different things, some of them closely related. For current purposes, it is important to focus on the distinction that Ned Block (1995) draws between access and phenomenal consciousness. Access consciousness is related to the access the subject has to the information carried by a certain state. A mental state is access-conscious if and only if, roughly, the content of the state is available for belief formation and rational control of action. In contrast, the term ‘phenomenal consciousness’ is used to refer to our subjective experience. We can say, using Nagel’s (1974) expression, that a mental state is phenomenally conscious if and only if there is something it is like to be in that state. The conceptual distinction is clear, but the conclusions to be derived from it have remained controversial since the publication of Block’s paper. Do these concepts correspond to different properties? In other words, is there access consciousness without phenomenal consciousness or phenomenal consciousness without access? In the search for an answer to this question, the debate has recently moved away from the conceptual to the empirical domain, focusing on the possibility of phenomenology without access. The notion of access consciousness has been refined to that of Cognitive Access and the question now is whether the neural basis of phenomenal consciousness can be disentangled “from the neural machinery of the cognitive access that underlies reports of phenomenal consciousness” (Block, 2007, p. 399). This intends to answer the question whether cognitive systems like us can have phenomenally consciousness states in the absence of cognitive access to the content of these states, which is a crucial question for the scientific study of consciousness.
I contend that the relevant notion of consciousness for the attribution of responsible agency is that linked to information: what is relevant is that the pertinent information—which I will analyze below—is available to guide action. Levy (2014, ch. 3) argues in detail that the notion of consciousness required for moral agency is closely relate to that of access consciousness.Footnote 9 In particular, as we have seen, he claims that what is required is that information is personally available, meaning that it can be retrieved effortlessly—in the absence of cues—by the agent for reasoning and that it is online—actually playing the role in guiding behavior. If, as we have seen, AISs can indeed have representations, and if they can perform morally relevant actions through the computation on these internal representation exploiting the relations they bear to the world, the information can be used in inferences and guide their behavior. So, in the relevant sense the pertinent information is accessible to them and it is personally available.
Further support for thinking that our notion of responsible agency is not necessarily linked to phenomenal consciousness is provided by a study conducted by Gray and Gray (2007). They show that our attributions of mentality have two dimensions: one related to agency and one related to subjective experiences. Human adults score high in both dimensions—we attribute to human adults both moral responsibility for their actions and subjective experiences—but they can be dissociated. For example, they show that people tend to attribute conscious experiences to “simple” animals like frogs without attributing agency to them. On the other hand, we tend to attribute absolute responsible agency to God but no subjective experience to them. On their part, robots score at the lowest level with regard to subjective experiences and moderately with regard to action (it would be interesting to see how these intuitions have changed since then with the development and integration of AISs in our life).
The content of awareness
If we grant artificial systems the possibility of having representational states, the question now is whether those states can have the content required for moral responsibility. In Sect. 2, we identified four different contents that are plausibly involved in moral action: the agent has to be aware—or being in a position to be aware if a dispositional view is preferred—of the action that they perform, of its moral valence, of its consequences and of the alternative courses of action.
The last two types of content seem not to be a problem at all for AISs. Current artificial systems are able to predict the consequences of different courses of action—like buying or selling stocks—much better than any human agent. They can be aware of the consequences of the decisions they make—i.e., they can represent such consequences, like increasing benefits—and learn on their basis. Thus, there is no reason to doubt that AISs can entertain these types of contents.
What about the moral valence of actions? AISs are able to entertain explicit representations of the action’s moral valence. Such a representation doesn’t seem to require anything more than a function that maps pairs of sets of actions and circumstances into a particular moral valence, i.e., good/right/permissible or bad/wrong/impermissible. This can be implemented unproblematically in an artificial system. Moreover, with the adequate feedback, the artificial system can flexibly adjust such a mapping in a learning process following a Bayesian model.
The key condition is the awareness of our own actions. In order to be held responsible, one has to aware of the action one performs as an action that one oneself performs: it requires self-awareness. Consider generally the case of thought. There are several ways in which one can think of oneself. One can think of oneself appealing to some description, for example when you think of the current reader of this paper. If one happen to be identical with a certain entity—maybe a certain body—, one can think of oneself by thinking of that entity. One can also think of oneself demonstratively (that person) or using their name. In all those cases, it seems that one can wonder whether one is really thinking of oneself, as one might ignore that one is a certain entity, that one is the person they are demonstrating, etc. On the contrary, one can think of oneself in a first-personal or de se way, in such a case there is no room for such a wonder (Castañeda, 1966; Chisholm, 1981; Lewis, 1979; Perry, 1979).
We have to be aware of our own action in a de se way. To illustrate, suppose that, after months of confinement, the medical authorities have developed a substance that changes the color of the nose only when the subject is infected by COVID-19. The substance is distributed within the population so that subjects who are infected remain home in order to avoid spreading the disease. Marta is aware of the consequences of going to the cinema with COVID-19, she believes that going to the cinema with COVID-19 is wrong and that people with COVID-19 should remain at home. Marta is fully aware of the moral valence of the different actions she can take, its consequences and alternatives. Marta takes the new substance, she looks carefully into the mirror and she does not detect any change in color; so she decides to go to the cinema. Unfortunately, a sudden change in illumination in her room was responsible for her misperception: her nose has changed colors and she has COVID-19. In these circumstances we would not find Marta responsible for her action, because she is not aware of going out with COVID-19. Imagine now that, as she goes out, a neighbor sees her and shouts “Marta is going to the cinema with COVID-19”. Marta is aware, after hearing the shout, that Marta is going to the cinema with COVID-19. However, this is not sufficient to find Marta responsible for going out with COVID-19. She needs to be aware of the action described as “Marta is going out with COVID-19” as her own action; she has to be aware that she herself is going out with COVID-19, something that she would convey with the expression “I am going to the cinema with COVID-19”. If Marta isn’t aware of the fact that she is the same Marta her neighbor is referring to, she can know “Marta is going to the cinema with COVID-19” without knowing “I am going to the cinema with COVID-19”, and hence she would not be responsible.Footnote 10
I speculate that the required first-personal awareness of action is the fundamental element behind the widespread reluctance to attribute moral agency to artificial systems. The reason is that it is not clear what is required from an artificial system to entertain this sort of first-personal awareness. Several authors within the debate have stressed the relevance of a concept of self for responsible agency,Footnote 11 but they have not pinned down the reasons for such a claim nor have they offered an adequate understanding of the form of self-awareness that is required. For example, Parthemore and Withby (2014) claim that an explicit concept of self is required. This is the concept of “who and what she thinks she is.[…] explicit concept of self-as-myself, as an intentional and distinctively cognitive entity” (147). It is not enough that the agent is aware of itself as performing an action, we need a de se awareness. This is not a matter of being aware of a particular entity as an intentional and distinctively cognitive entity. Marta might be aware that Marta is an intentional distinctively cognitive entity, but as the example above shows this is insufficient for the required de se awareness. Parthemore and Withby go on in an attempt to clarify the required notion and claim that “She must be able to hold herself responsible: and that she cannot do without full self-conscious awareness. She must, so to speak, be able to recognize herself in a mental mirror” (147). The metaphor is not very helpful either. Moreover, this suggests without further justification that consciousness is required and it is unclear that AISs can be consciously self-aware—if this is understood as involving phenomenal consciousness. Maybe they have the informational sense associated to access consciousness in mind. Then it would be a claim about the kind of access that the subjects need to have to the content of self-awareness—something that is not problematic for AISs as we have previously seen—, but it does not help to understand the required content. We have seen that what is required is de se content. The key question is: what is required for having this sort of content? The example above illustrates that de se awareness is not a matter of having a particular variable, a tag or a name that is exclusively attached to the subject.Footnote 12
Unlike information regarding moral valences, consequences and alternatives, first-person information is not the sort of information one can write down in a book. This is the sort of information that we attribute to self-conscious agents and the one that one may be reluctant to attribute to artificial systems. We can think of semantic information in terms the way it restricts the space of alternatives compatible with the truth of the information. If a system does not know anything about its environment and it acquires information regarding the environment, the amount of possibilities that are compatible with what it has learned decreases. For example, a scenario where there is a TV, a chair or a dinosaur on the right corner of the room is compatible with the information that there is sofa on the left corner, but not with there being a chair at the left corner: this is a possibility that the information that there is a sofa on the left corner rules out. With this idea in mind we can think of semantic information that an agent possesses as the set of situations or worlds that are compatible with the truth of the information that the agent possesses. Adapting Lewis (1979)’s two goods argument we can understand why this sort of information is insufficient to characterize first-person information. Imagine a certain environment E that contains two AISs, C3PO and R2D2, one of them naming out loud the normally relevant events of the environment and the other just beeping. Imagine that they both are omniscient in the sense above mentioned with regard to E: they both know exactly which environment they inhabit. In particular, they both know that R2D2 is beeping and C3PO is naming out loud. However, intuitively, from this knowledge they cannot obtain knowledge regarding which one of the two AISs they are. C3PO ignores the facts that it would express with the statements `I am naming out loud' or with `I am C3PO'. These facts are not entailed by any of the non-perspectival facts that C3PO already knows.
If you were in this environment and your cognitive capacities could be enhanced in such a way that you had the third-person knowledge the AISs have, I predict that you would have no problem knowing who you are. The knowledge that C3PO has together with our conscious experience puts us in a positions to have first-person knowledge. This does not logically entail that (phenomenal) consciousness is required for first-person knowledge. However, some authors have indeed appealed to our conscious experience to explain de se content (García-Carpintero, 2017; Peacocke, 2014; Recanati, 2007, 2012). On the other hand, some others attempt to explain in naturalistically acceptable terms de se representation without taking consciousness for granted (Bermúdez, 2016; Sebastián, 2012, 2018). Whether AISs can be responsible depends on these issues.