IEEE Technology and Society Magazine - March 2018 - 76

insurance and a robot tax for the owners and/or employers of robots.
A future legal framework should clarify if RAiLE is
part of the workplace, as a good (S1) rather than a worker (S2) or (S3).

Wages
"Most people work in order to earn money" [25]. The
remuneration for the work done is usually set according
to the type of contract and on an hourly, daily, monthly,
or piecework basis, relative to the skills and attributes
of the individual relevant to the performance of the job.
In (S1), work done by RAiLE, unless owned by the
employer, would be remunerated to its owner, or to the
intermediator holding a contract allowing her/him to collect this revenue. Inherently, other legally related rights
and obligations covering RAiLE follow, as they will affect
both directly and indirectly, the rights and obligations of
the owners/employers of the RAiLE, e.g., directly by damage of property. This will lead to a reduction of the
RAiLE's role to simply perform its tasks, which has an
indirect effect. A remuneration model from leasing or
rental contracts could be an appropriate method.
Under (S2) with the RAiLE being treated as an individual legal entity, the same remuneration standards as for
a human would be appropriate. Levies related to wages
would also apply (taxes, social costs, etc.). Both of the
(S3) models, the "Third Existence" [18] referring to [19]
Japanese text only, or objects with enhanced legal obligations attached, "electronic persons" [20], [21] the term
used by the EU, equals S1, alternatively with the law of
agency, with the RAiLE acting as a proxy.

Worker's Rights and Obligations
In absence of employment, worker's rights and obligations, for (S1), where RAiLE is leased hired or rented, are
replaced by the terms of the relevant contract and governed by laws applicable for these types of commercial
transactions and related liabilities. In contrast, in (S2)
the same rights and obligations as for a human should
apply as the RAiLE has integrated with the society and
the welfare regime. In (S3) rights and obligations for
"Third Existence" RAiLE may apply restrictively, whereas
"electronic persons" only have obligations.

The Boss
In the workplace there is also the future possibility that
current Business Intelligence (BI) systems, combined
with robotics, utilizing machine learning (ML), will engage
in different aspects of the corporate decision-making processes. This may include becoming corporate managers at
different levels in the organization (see [43]). This area
will be included in later research on the legal implications
of the RAiLE in the workplace.

76

The Family Unit
In the "Family unit" we look at ways in which humans
and Robot/AI may enter different kinds of relationships.
We also look at gender effects under the law depending
on the definition of a Robot/AI's role based on the "Wollstonecraft's dilemma" built on two of three policy models
for gender equality.3 Note the "Universal Breadwinner,"
"Homemaker," and/or "Universal caregiver" models
based on using Nancy Frazer's model on welfare regimes
[23]. Nancy Fraser's Universal caregiver model [45]
breaks the gendered, hierarchical division between "production" and "reproduction" by rejecting both traditional
models. The idea is to encourage men and women to
both share in paid and unpaid work.

The "Universal Breadwinner"
The Universal Breadwinner model, whereby conditional
income support is tied to paid work [23], focuses on
masculine life-patterns requiring women to abide by
men's standards to be considered equal. Accordingly,
only work outside of the home is recognized as productive, inherently generating social recognition [46]. The
same would apply for RAiLE. RAiLE would be an effective breadwinner, as it can outperform humans in stamina and strength. It works faster than a human and
would need no breaks. Income security being conditional to capacity to earn will likely raise several questions
how much RAiLE should be remunerated, and the social
benefits, including pension, RAiLE, or directly or indirectly its family, should receive.
An important factor would be the amount of time
RAiLE could be spending at a work place, i.e., being productive versus participating in family life.

The "Homemaker"
The "homemaker" is typically a woman in the traditional
role of a caregiver, enabling the other partner to work
outside the home. Homemakers tend to be in a subordinate relationship,4 exposing them to exploitation and
possible violence (see, e.g., http://ec.europa.eu/justice/
gender-equality/gender-violence/index_en.htm). Therein
lies the assumption, that all income is evenly distributed, willingly and unconditionally, by the breadwinner to
all family members [48]-[50].
Provision of an alternative income security for homemakers is built on the caregiver parity model [23]. A
caregiver parity model recognizes a homemaker's wage
[34], aiming to recognize and remunerate currently
unpaid caring work done home by women/RAiLE. The
notion was developed in 1972 by the International

3

See [44, p.29] for "Wollstonecraft's dilemma" dating to the late 18th century and the advocacy of women's rights by Mary Wollstonecraft.
See Goodins four conditions for being highly vulnerable [47].

4

IEEE Technology and Society Magazine

∕

MARCH 2018


http://ec.europa.eu/justice/gender-equality/gender-violence/index_en.htm http://ec.europa.eu/justice/gender-equality/gender-violence/index_en.htm

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