Which rights? Whose actionability? Comments on Sampaio on the rights of robots

Abstract

Sampaio presents a compelling argument on the rights of robots, though I will raise doubts on certain aspects of his paper. While his approach of the question of robot’ rights is original and stimulating, Sampaio's analysis may be more relevant to the broader discourse on attributing rights to nonhuman entities rather than specifically to AI and robots. He contends that the capacity for normative response is essential for possessing rights, distinguishing between active and passive rights within the Hohfeldian framework. While agreeing with many of the points he makes, particularly regarding the distinction between active and passive rights and the open question of whether robots should be granted specific rights, I will challenge the assertion that robots cannot have active rights and suggest that they can possess both active and passive rights, whereas the ability to action them is a separate issue.