Self-preservation And Life Choices:Legal Response To The Tram Problem In Autonomous Driving

In recent years,automatic driving technology has developed rapidly,which has improved people’s lives,but also brought some ethical dilemmas and legal problems.Setting the algorithm program in advance is not the same as anticipating all situations and controlling them,so there may be life collision choices throughout the driving operation.For example,can we give priority to protecting passengers over passers-by? This kind of problem can not be skipped in the process of further promotion of automatic driving technology and collective use of the whole society.In order to better implement this technology and realize the benefits it brings,how to deal with the life choices in automatic driving has become a top priority.In the autopilot collision problem,an important question is whether passengers can get priority protection over passers-by? The market argument defends passenger priority,arguing that if self-driving cars do not protect passengers first,no one will be willing to buy and use them,which will eventually make the advantages of the technology disappear.However,the market argument itself can not prove the legitimacy of giving priority to the protection of passengers in the face of instrumental doubts.Therefore,we should look for new perspectives and entry points.The first is the theory of subject,which holds that the factors related to the subject determine the permissibility of the act,such as the intention,identity and rights of the subject.The view of subject theory has certain rationality,but there are still defects,such as why there are moral differences in the behavior of the same subject?Accordingly,the theory of behavior points out that it is the nature of behavior that determines the relationship between subjects,and these relationships determine whether the behavior is permissible.Therefore,in the collision dilemma of automatic driving,passengers do not have absolute priority to protect in any case,but depend on the nature of the behavior.In the above discussion finally leads to the thinking of "injury ethics"."Injury Ethics" links the collision dilemma in automatic driving with the trolley problem.Kamm’s behavioral theory on the trolley problem provides an analytical framework for further discussion: first,through the criticism of the subjective theory,the perspective transformation from subject to behavior is completed;second,the relevant content and rationality of the behavioral theory are clarified;finally,the principles and measures at the level of legal governance are put forward by continuing the thinking of behavioral theory.