AI, Intention, Culpability
Not a Muslim myself, but I watched a video recently where the speaker said that intention determines the act. He went so far as to say that if you said your prayers x number of times, as prescribed, but you didn’t first set your intention to do so, then it’s like you haven’t prayed at all.
From what I understand, it’s a notion derived from the first of the five maxims of Islamic law, “Matters shall be judged by their objectives.”
In my reading of the above, I would wonder if consciousness might end up being secondary in your “use case” to intentionality. Are they linked? Possibly. What about legal culpability and the mens rea?
The standard common law test of criminal liability is usually expressed in the Latin phrase, actus reus non facit reum nisi mens sit rea, which means “the act is not culpable unless the mind is guilty”. Thus, in jurisdictions with due process, there must be an actus reus, or “guilty act”, accompanied by some level of mens rea to constitute the crime with which the defendant is charged
The question is likely one that will eventually be determined in the courts when an AI is decided to have knowingly committed a crime for the first time. We probably won’t be able to say conclusively that a particular “bot” is conscious, but if we were able to determine that the agent had modeled an event ahead of time and taken steps to execute it knowing the consequences…