How can we Adjudicate Events Smeared Across Jurisdictions?

Consider this hypothetical scenario: A US doctor monitors a high-tech medical device transmitting data from inside a person visiting the UK. The doctor provides a diagnosis based on the information sent by the device. Is the doctor practicing medicine in the UK? If there is a glitch in the transmission of the data, who is liable: the doctor, the programmer, the UK telecommunications corporation whose hardware carried the data? Furthermore, in which court should the lawsuit be filed? And to extend the issue into pre-emptive policy: should programmers be subject to licensing and regulations if they are writing code for medical devices, airplanes, train switching, or other situations where a programming error can get people killed?

The metaphysical puzzle is this: where do events happen when the event can be broken into segments that happen across jurisdictions? (e.g., If you shoot someone across the border, where does the murder occur?) How can we deal with smeared, liminal events that seem literally “neither here nor there”? This is why metaphysics matters in a world where previous notions of geography, communication, and being are challenged. The technology that forces these questions upon us will arrive sooner than any of us expect and the law, the philosophy underpinning the law, and even the language used to explain that philosophy, will be trying desperately to catch up to our daily life.

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One response to “How can we Adjudicate Events Smeared Across Jurisdictions?

  1. I’m pretty sure the pre-emptive part of your question already exists; one of the reasons the launch of the ObamaCare was so terrible was that it needed to be written by a company that had the right licenses to create software that handles sensitive medical records, which meant only enormous, slow, dinosaur companies could have won the contract, instead of a snazzy fast-moving small company that probably could have done a much better job of it.

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