IE LAW SCHOOL
Student name: Tutor:
Luis Calzadilla Prof. Leon Anidjar
Thanks, and dedication of the thesis
I want to thank my father Augusto Adolfo Calzadilla and his partner Pedro Luis Pérez Burelli, for their unconditional support, as well as my tutor, Prof. Leon Anidjar, for his guidance during this process of writing my thesis and to dedicate this thesis to my grandmother Regina may she rest in peace, I know she would be proud of me, as well as my mother Isabel who is always there to give me support when I need it most.
Table of content
|Thanks and dedication||1|
|Table of content||2|
|Table of content||3|
|CHAPTER I: THE PROBLEM||5|
|1.1. Introduction to the problem||6|
|1.2. Objectives of the investigation||6|
|1.2.1. General objective||6|
|1.2.2. Specific objectives||7|
|1.3. Methodology of the investigation||7|
|CHAPTER II: DIGITAL CHALLENGES||8|
|2.1. The digitalization of the human being||9|
|2.2. What is the Metaverse?||10|
|2.3. Types of Metaverse||10|
|2.4. The structure of the Metaverse||10|
|2.5. Specific challenges for the development of the Metaverse||11|
|CHAPTER III: CURRENT LEGAL ISSUES||14|
|3.1. What does the Metaverse mean for the legal profession?||15|
|3.2. Legal issues to analyze with the integration of the Metaverse||15|
|CHAPTER IV: FUTURE LEGAL CHALLENGES||18|
|4.1. Research questions||19|
|4.2. The necessity of Law||19|
|4.3. The application of the Law||20|
|4.4. Determination of applicable Law||21|
|4.5. Responsibles for the creation and application of the Law||22|
|4.6. Artificial intelligence: The automatization of the human being||23|
|4.7. Interaction between human and artificial intelligence/ THE FOURTH LAW OF ROBOTICS.||24|
|4.8. Digital identity||25|
|CHAPTER V: CREATION OR ADAPTATION OF LAW||26|
|5.1. Research questions||27|
|5.2. Evaluation of options||27|
|5.3. Comparison between the jurisdiction of the Metaverse (Metaversian constitution) and the ordinary jurisdiction||27|
|CHAPTER VI: PROPOSAL OF GENERAL LAW||29|
|Statement of reasons||30|
Since the begging of times, humanity has been devoted to the creation of innovative ideas and their implementation of them in society, the latest creation being, the Metaverse, this is a combination of multiple elements, being this augmented reality, virtual reality, and blockchain technology, creating a universal digital world that allows people all around the world to socialize, play games and even work, breaking the boundaries of the real world. So, in every ecosystem where humanity is present passions and knowledge of all kinds of science converge and this is not unrelated to the rule of law, which must be present as a regulatory mechanism in this new universe, which is outlined with marked principles of autonomy and independence from any other jurisdiction. It’s true that the Metaverse has its risks, such as privacy issues or digital safety, that can have an effect on our real life, as the Metaverse continues to grow, more data is being collected and more problems and responsibility come with it the creators must assure the good behavior and safety for users, meaning by this that the Metaverse must have its own laws as it is an autonomous world and based on the theory of Thomas Hobbes where there is a necessity of the laws for the development of a society, where individuals can live and collaborate with each other. This thesis is dedicated to exploring whether it is possible to apply the pre-existing law (ordinary jurisdiction) for the regulation of interpersonal relationships within the Metaverse, indicating who is responsible for the creation of the laws and who is responsible for enforcing these laws?
Technology has been evolving over the course of the years, its fast-paced has given place to innovative ideas generation and their implementation in society. One of the most innovative initiatives is the Metaverse, at the end of the year 2021 one of the biggest technology companies in the world, Facebook, changed its name to Meta becoming the first company to introduce the concept of the Metaverse. Basically, it is a combination of augmented reality, virtual reality, and blockchain technology, allowing the creation of a universal digital world that allows people to socialize, play games and even work, breaking the boundaries of the real world. In a nutshell, the Metaverse is the combination of several elements, such as work, recreational activities, identity, social, ownership, and commerce in one place, erasing the boundaries between the physical world and the digital world.
The idea of the Metaverse comes from the necessity of humanity having its needs all in one place, which in this case is the digital world; therefore, affecting their social (Identity, work, and recreational activities) and economic (ownership and commerce) environments. COVID-19 pandemic has sped up the process and made people more dependent on technologies in order to continue the development of their lives.
After looking at the Metaverse and the concept itself, it is clear that there is a lack of legal framework for the ecosystem. The idea itself of the Metaverse lies in the freedom it offers to its users; nonetheless; it makes the digital world vulnerable to problems by the one thing imported from the physical world, which is human behavior. It can be said that the behavior of humans would generate conflicts and disagreement within the Metaverse, which translates to the necessity of general legislation that would regulate the conduct of the users within the Metaverse. After this consideration, another problem arises, which is whether to adapt ordinary jurisdictions, such as civil or criminal codes to the necessities that arise from the Metaverse or to create general and uniform legislation for and force every ecosystem to adapt it.
1.2: Objectives of the investigation
1.2.1: General objective
126.96.36.199 To evaluate if an adaptation in the ordinary jurisdiction or the creation of general legislation is more efficient in order for interpersonal conflicts to be resolved within the Metaverse.
1.2.2: Specific objectives
188.8.131.52. Determine if an adaptation of the ordinary jurisdiction or the creation of general jurisdiction is the better option in order to create a legal framework for the Metaverse.
184.108.40.206. Determine who is responsible for the creation and the implementation of the laws within the Metaverse.
220.127.116.11. Evaluate the possible digital and legal challenges presented within the boundaries of the Metaverse
1.3: Methodology of the Investigation
Based on a qualitative literature review methodology, which can be described as a method of comparing findings from qualitative studies (Grant & Booth, 2009). This investigation will help understand the technological and legal challenges humans have on the Metaverse; as well as provide solutions to achieve optimal development and functioning of the Metaverse. Additionally, it will help understand from a legal point of view the necessity of an adaptation of the ordinary jurisdiction, or on the contrary, if the creation of a new piece of legislation would be a better option for its optimal development of it.
2.1: The digitalization of the human being
Digitalization has been happening indirectly in the last two decades, where almost every important aspect of life has gradually been involved in the digital world. For instance, the digital adaptation has been fast, with a major acceleration due to the effects of the COVID-19 pandemic, where almost every jurisdiction applied mandatory lockdowns; for instance, making people more dependent on technology from their professional space to their social life.
The effects of the digital transition can be observed in several areas of human life, such as:
- Work, where the pandemic with its mandatory lockdowns forced enterprises to apply working-from-home methodologies to allow their employees to develop their activities online as is stated by Bloom, N. (2020). With the COVID-19 pandemic, the working from home methodology was established, as it is highlighted in several studies, it was determined that it is here to stay.
- Recreational activities, new technologies have allowed videogames to replace traditional forms of recreation such as outdoor sports, with computer-designed games, E-Sports, and mobile apps, where their influence has opened the path for new professions and new ways to be entertained.
- Identity, where social networks has allowed users to show part of their personal lives edited through the use of Artificial Intelligence, opening the space to create a new identity where people can manipulate or edit the way they look.
- Social, people have been shifting from in-person gatherings to online interactions, where meeting new people through digital spaces has become increasingly popular in the last few years.
- Ownerships, where the use of technology has allowed users to acquire new assets classes totally online and with no physical presence, such as Non-Fungible Tokens, As well as the introduction of the economical concept of “digital money” or Cryptocurrencies, which is based on decentralization and without the intervention of monetary policies set by governmental entities.
- Commerce, where traditional business models have been transitioning to digitally-enabled channels, allows the users to acquire goods and services without physical interaction and on-demand.
2.2: What is the Metaverse?
The idea of the Metaverse comes from the necessity of the human being having the necessity to have all digital aspects in one place; therefore, affecting their social (Identity, work, and recreational activities) and economic (ownership and commerce) environments. The Metaverse is a digital universe based on virtual reality and augmented reality backed by the blockchain technology, created with the motive of socializing, play, and work. It was first introduced to the public in October of 2021 by Facebook, now called Meta, generating interest from people all around the world on what is supposed to be one of the greatest innovations of the decade according to JPMorgan, declaring that it is a one trillion-dollar opportunity.
2.3: Types of Metaverse
There are two types of Metaverses, Centralized Metaverse, which is regulated by the private enterprises that develop the software, such as META. On the other hand, there is a Decentralized Metaverse, which is regulated by the communities rather than the private enterprises, also known as Decentralized Autonomous Organizations (DAOs)
2.4: The structure of the Metaverse
According to Jon Radoff , the Metaverse is categorized into seven different layers;
- Experience: Based on the experiences people can have a digitally-driven environment, allowing users to immerse themselves in a virtual environment where they can engage in video games, buy Non-Fungible Tokens (NFTs) and even develop certain work activities.
- Discovery: Based on the discovery systems of inbound, meaning that people are seeking information, and outbound, meaning that users are pursuing to push a message out, creating a type of community-driven content, perfect example, the rise of NFTs in the year 2021, which are created and supported by the communities, and they are a great way to create engagement, as well as, stores, agents and ad networks.
- Creators Economy: This layer is based on the technology that creators have in order to build experiences within the Metaverse utilizing design tools, asset markets, applications, and workflow platforms. These tools create new opportunities for creators and enable their decision-making power, creating a creator’s economy.
- Spatial Computing: the term spatial computing refers to the merge of physical and virtual spaces, making three-dimensional spaces more manipulable or augmenting the reality of the physical world. This layer refers to augmented and virtual reality, 3d programs and engines, mapping, and even holograms, that would make it possible to transfer objects from the digital world to the physical world.
- Decentralization: This layer of the Metaverse is one of the key aspects of the Metaverse as it means it is not controlled by a single entity, as it is, open and distributed.
- Human interface: It refers to the technology that extends our physical bodies and helps humans connect to the digital world, it can be seen in a way as the robotization of humans. This layer refers to virtual reality headsets, smart glasses, mobile phones, and neuro link connection devices that are in the development for the permanent connection of humans to the Metaverse.
- Infrastructure: The final layer refers to the technology that helps make everything mentioned before possible. referring to Wifi, 5G technology, and the interface that would make possible the interconnection of the different Metaverses.
2.5: Specific challenges for the development of the Metaverse
As aspects of our lives have been progressively moving towards digitalization, it is inevitable for people to not move important aspects of their life into the digital world. There are a series of challenges presented to humans, in the transition and development of these activities mentioned before into the Metaverse.
Technological: The infrastructure of the Metaverse is one of the most important challenges that developers of Metaverses have to overcome as in order for the Metaverse to have the functions that are expected, there must be interoperability between every Metaverse, generating free movement for humans between every digital universe.
Economical: As the cost of material objects which are crucial in order for humans to immerse themselves into the Metaverse is elevated, there is no free access to everybody, creating an economical challenge that humans must overcome.
Political: Countries that decide to prohibit or limit access to the Metaverse are risking the fullness and optimal development of the Metaverse.
Social: Component of ideologies that cannot be controlled, meaning that as there is free speech and there is a component of hiding the real identity of the human through the avatar, there is a challenge of trying to regulate extremists on the Metaverse.
To conclude this chapter that helps and informs the reader about the digital world and what makes it up, after analyzing the most important aspects, it can be said that the technological challenges that human beings must face are the following:
- Need for an interface that interconnects the different Metaverses, to avoid the development of a monopoly and create the free movement of users according to their preferences around the entire digital universe.
- Reinforce the technologies and make them less expensive for the accessibility of the human being and thus the Metaverse can be freely accessible and simple for all humanity, regardless of the socio-economic level.
- Develop holographic technologies to enable interconnection between the digital and physical worlds.
- Develop and implement the digital security of the human being, to guarantee the optimal development of the economy and growth of the Metaversian society.
- Increasing the level of blockchain technology is of the utmost importance to prevent cyberattacks and ensure the protection of digital assets of users within the Metaverse since the Quantum computers and algorithms are a security risk to the well-being of users who interact within the Metaverse, because they may be able to break the chain of blocks that guarantees the security of the Metaverse and alter the encryption protections.
All these technological challenges raised in this research work are highly relevant because they must be evaluated for their correction, having as a consequence to ensure the optimal development of the digital universe.
3.1. What does the Metaverse mean for the legal profession?
It is a fact that the Metaverse has arrived in our world, which has caused an impact on legal practice, where lawyers have the opportunity to be part of and take advantage of this digital universe full of legal opportunities.
3.2. Legal issues to analyze with the integration of the Metaverse
It can be said that being a new world for the profession in this case, there are legal issues related to jurisdiction, taxes, contracts, intellectual property, prevention of money laundering, cybercrime, professional ethics, among others, that come to mind the jurist, as current challenges that must be attacked so that the Metaverse can develop in an efficient and orderly manner, respecting the legislation that governs it.
3.2.1. Intellectual property
One of the main legal issues of relevance is the Protection of intellectual property, which has been affected by the exploitation of unregistered trademarks as digital assets that are generally characterized as non-physical property that is the product of original thought (Moore, Adam, and Ken Himma, 2018), being the Metaverse a new world where people can express their ideas in digital format, and exploit them economically with highly profitable benefits, it can be said that the creators of a certain work in the Metaverse can be more difficult when the work is of a decentralized collaborative process carried out by anonymous users behind avatars (M.Gordon, 2022).
This means that a wave of litigation like Hermès v. MASON ROTHSCHILD (MetaBirkings), come with the introduction of the Metaverse to the legal world.
The following questions arise, do patents in the physical world extend to the digital world or are they applied exclusively in the physical world? The answer is not entirely accurate since copyright protections are normally imposed by law and your extension or application can certainly cause problems; But how do you protect something that is not regulated in the Metaverse? Hence the urgency of creating an effective system and its legal implementation, since the human operators who administer justice in the physical world will always have different criteria, and there the conflict with endless lawsuits and bureaucratic procedures.
3.2.2. Public order regulations
The norms of public order are those provisions of public law that regulate the conduct of the citizen before the State, in the same way, it is the State that has the competence to strictly watch over the behavior of the citizen for being of public law.
18.104.22.168 Taxes on Metaverse assets
Taxes are tributes that the citizens of a nation pay to the State in a mandatory way for the maintenance of public expenses, among them the vital public services used, it would be logical to tax with regard to the purchase and sale of crypto assets within of the Metaverse, these funds could be used for the remuneration of the avatars that perform public functions in the Metaverse, an example would be the incentive for the performance of the judicial function and participation of the juries in the litigious causes that are aired in the digital world, would create a tax collection structure managed by artificial intelligence for the correct management of funds, and thus separate us from those fraudulent practices that arise in the primary world such as diversion of funds and non-execution of public works, the real question is, does it have the State of the physical world competition to impose taxes?, when said assets are bought and they sell in a universe parallel to the physical world, these assets may be subject to various taxes, including income and sales taxes when cryptocurrencies constitute an autonomous digital property and whose profit is subject to taxes that in principle and exclusively must go to satisfy needs of the Metaverse.
It can be said that the Metaverse is an ecosystem independent of the real world, therefore tax management must be treated in the same way with separation from ordinary jurisdiction, however, if there is the emigration of capital from the Metaverse to the physical world. The ordinary jurisdiction would enter to regulate part of this heritage that goes from digital to fiat currency.
22.214.171.124 Financial crimes
Financial crimes are a way to obtain a monetary benefit illegally, one of the risks to which the Metaverse is subjected is this type of crime that can occur, such as money laundering, corruption or even evasion of taxes, this type of crime that can happen within the Metaverse goes beyond the borders of a state, hence the need for a regulatory system for the Metaverse that imposes sanctions of confiscation of assets and if there is any claim of physical jurisdiction is due to the principle of reciprocity of the states that govern international relations, it is perfectly possible to collaborate so that crimes committed in one jurisdiction or another do not go unpunished.
Cybercrime refers to any illegal activity (crimes) carried out through the use of technology, there are different types of criminal behavior in the use of cybercrime, such as identity fraud, financial data theft, and cyberextortion. crimes that are also common in the use of the internet, but with the appearance of the Metaverse a new environment is opened for them to be exploited by criminals and therefore the need for a digital identity system that protects the human being who is immersed in the digital world, being able to quickly identify the material and intellectual actors of the crimes that are carried out within the Metaverse, thus guaranteeing an optimal development of society.
The Metaverse must take into account the importance of guaranteeing user safety and avoiding cybercrimes because if it becomes a passive accomplice, like any information service, that Metaverse can be blocked, that is, those Metaverses who do not want to comply with the legislation may be blocked, for the reason of not guaranteeing the protection of the user, those avatars that break the law, as a consequence there may be confiscated to respond for the damages they have generated and their identity may be blocked
3.2.4. Data protection and user privacy
Data protection refers to taking care of the personal information of human beings and ensuring control of it is maintained. In the ordinary jurisdiction, there are laws like the ones of the countries that protect the data of the users outside and especially within the digital world, there is a general regulation of the European Union that guarantees the protection of the data of the users which is the GDPR, which deals with the protection of data and privacy of users who are within the European Union, this is one of the fundamental issues for the development of the Metaverse, which not only guarantees the security of user data to avoid crimes such as those mentioned above but also that the proper use of user data by companies immersed in the Metaverse is guaranteed.
The GPDR (regulation of the European Union) and the regulations of ordinary jurisdiction that deal with data protection, in principle it could be said they should be sufficient to face the majority of challenges that the Metaverse will pose for the protection of privacy, although It is very likely that modifications will be necessary as both the technology involved and the Metaverses themselves develop.
4.1: Research questions
Locating the legal challenges and determining the problems that are currently happening in the digital world of the Metaverse, are important in order to determine what are applicable solutions and the legal framework should be used for the Metaverse, as mentioned before in the work, the behavior of the human being is one of the main traits that will be transferred from the physical to the virtual world (Metaverse), it can be said that the behavior of humans is the reason that conflicts and disagreement can be generated within the Metaverse, creating a necessity for a legal framework in order to solve these problems
Some of the legal challenges in order for the Metaverse to have an optimal development can be considered the following,
- Is it possible to create a general law for the metaverse based on the principle of Hans Kelsen and the necessity of laws principle of Tomas Hobbes?
- Which is the applicable jurisdiction?
- What happens with the ordinary jurisdiction?
- Who creates the laws?
- How can the laws be applied?
- The necessity to regulate Artificial Intelligence?
- How can the human being be protected within the Metaverse?
These are the basic research questions that will be solved for the legal understanding of the problems that the Metaverse is facing for the optimal development of interpersonal relationships between human beings inside of the digital world and the determination of the applicable law within the Metaverse.
4.2: The necessity of Law
To understand the need for Law for the optimal development of the Metaverse, it is important to look at its definition, which is the discipline and profession that deals with the customs, use, and rules of conduct of a community that is recognized as binding by the community to preserve order and peace (Britannica, T. Editors of Encyclopedia, 2020),It can be said that in front of the law all the members of society are the same, as the law grants every person the same rights and duties in order for the social convivence between each other to be possible and grants society one of the most important aspects in human life which is personal security, which generates the optimal development of society and most importantly peace.
Based on the book Leviathan, by Thomas Hobbes, an English philosopher, Before societies were created humans lived in what he calls a State of nature, meaning, that humans were in a permanent situation of conflict with each other, being this a conflictive state, humans where expose to lose their most valuable asset as they are always exposed to death, they cannot develop any type of commerce as their goods are always in danger of being taken off their hands, all of these factors create fear, but based on his theory humans overcome the fear by having to create an instinct to preserve their most valuable asset which is their life, their liberty, and integrity.
This is when according to Hobbes, the Laws of Nature are created, which are norms that help humans preserve their life, these norms are created by the reasoning of the same human which prohibits the human to be able to doing something that can destroy its life or prohibit them from the ways of preserving it. According to Hobbes, these Laws of nature are what make it possible for humans to live in a society.
He also mentions that to construct a society the Laws of nature aren’t sufficient, there is also a necessity of a power that helps these Laws to be respected; Society made a pact within their selves accepting to subordinate themselves to a superior power, this pacts orders submission and obedience to the law in exchange for its care and protection, guaranteeing the right to life and respect for the law, as well as the properties of each person and the protection of supreme values, such as justice, peace, liberty and education, and much more. This pact is called contractualism based on Hobbes, this social pact is made between the citizens among themselves, the ruler has nothing to do with this pact, once power is received by the citizens, he exercises it.
After analyzing this theory expressed by Thomas Hobbes, the human being before societies were in a state of nature, where their goods and values were not protected, because the human being lived in a state of survival, thus creating fear and general mistrust in society. This means that the laws are necessary for the development of the Metaverse; because as Hobbes expresses, they offer the human being, that through subordination by society to the rule of law, they will have equal protection of their property and rights, thus guaranteeing the optimal development of society.
4.3: The application of Law
As stated in the last chapter, Thomas Hobbes speaks of a superior entity that administers the application of laws based on the power granted to it by the members of society, giving society a guarantee of the protection of its assets and Rights. The real question is who is the superior entity within the limits of the Metaverse, which would guarantee the protection and respect of the laws? The answer to this question is that the superior entity is Artificial Intelligence in collaboration with the human being.
As mentioned above, what the human being contributes to the Metaverse are his various types of behavior in a new world, which generates an artificial intelligence learning process to regulate these behaviors, which based on the needs of the human being will do the structure of the law, which means the determination of the assumption of fact, the legal link, the legal consequence and the principle of coercion of compliance with the norm. which means that based on the pyramid proposed by the jurist Hans Kelsen, the laws need a structure and a hierarchy, that their validity of existence is based on a superior law, and that the superior norm is none other than the general law proposal (Metaversian constitution). in turn, the proposal is valid in the will to which users who wish to interact within the Metaverse are subordinated which gives the user guarantee of the protection of their assets, rights, and values within the boundaries of the Metaverse.
Based on the application of the pure theory of law, proposed by Hans Kelsen this proposal for a Metaversian constitution is the peak with which the entire normative system of the digital universe (Metaverse) must be governed.
4.4: Determination of applicable law
One of the most important research questions for the development of this thesis is, the determination of the applicable law, during the development of this work, there have been litigation cases in the physical world linked to the Metaverse, such as the Lawsuits of Nike Inc v. StockX LLC, where Nike sued StockX in February 2022 for selling NFTs of Nike sneaker images without its permission, arguing they infringed its trademarks by causing consumer confusion, predicting a wave of litigation for intellectual property in the Metaverse or also the avatars that claim their rights, asking the question of who is responsible for resolving conflicts in the Metaverse.
It can be said that ordinary jurisdiction cannot be applicable because governments do not have sufficient power or sovereignty to impose laws or regulations on digital universes that go beyond their boundaries. In the same way, it can be said that a fragment of legislation from the physical world coming from the ordinary jurisdiction cannot be connected because the Metaverse is not tied to any jurisdiction of the physical world since it is autonomous and independent, hence the proposal for a type of general law that helps create its own legal framework, which provides the optimal resolution of interpersonal cases between users within the Metaverse.
Hans Kelsen in his pure theory of law eradicated any foreign element to law and order that is in contradiction with the supreme law that governs the system of law and if so the same for its contradiction is repealed immediately or inapplicable, then if the ordinary jurisdiction or physical world is not recognized by the society that makes up the Metaverse and embodied in the general law proposal, nor in the pact that users delegate to conform jointly with the supreme entity (artificial intelligence) the regulations that generate personal security for users, it means that the ordinary jurisdiction does not apply.
A fundamental premise is that based on the previous arguments, the ordinary jurisdiction is a foreign element to the general law proposal for the Metaverse, hence its application would only be valid if it is incorporated into the normative system of the Metaverse.
4.5: Responsibles for the creation and application of the law
If we start from the premise that the Metaverse is an autonomous and independent system, it must have its own rule-creating structures, taking as a north the set of human behaviors that are developed in the Metaverse, consequently, these independent structures will be known as robot legislators, it should be clarified that this is not a science fiction issue, since in the physical world there are robot lawyers, such as Dr. Ross, who is a robot hired by Baker & Hostetler capable of interpreting cases and finding the correct answers on how to proceed, using technology from IBM’s Watson supercomputer, as does Joshua Browder, who describes his DoNotPay app as «the world’s first robot lawyer» helping draft legal statements.
This means that a proposal for the creation of a robot legislator that captures the behaviors shown by users, even analyzing their random and unexpected responses, to adapt their behavior to the supposed normative fact with all the elements of the norm in real time and apply the legal consequence to the user immediately, it is something feasible, this means that the robot legislator has the capacity for self-learning, self-assessment, the ability to perceive, understand and even predict user behavior through data collection over time.
The artificial intelligence program analyzes the accumulated experience of users and the performance of their behavior against the problems they face within the Metaverse. The reasoning of this artificial intelligence incorporates factors and relationships from the ecosystem, as well as from the field of networked knowledge, distinguishing between the reasoning program or inference engine and the knowledge base (accumulated data). giving him the ability to understand the discrepancies between them.
This concept is known as non-sequential algorithms, which gives the ability to handle problems where the path of reasoning is variable and where various situations must be faced without having been previously specified, even in cases of little information, inexperience or poorly structured problems.
What it means is that the figure of the robot legislator is not only viable for the creation of laws but that there will be other entities such as the jurisdictional bodies that guarantee the respect and correct application of the law.
Other entities will be in charge in addition to the robot legislators, these will be the robot judges where the process will be brief in a single instance, marked by the procedural principle of concentrating the acts with single audiences and they will participate if requested by the human judges involved, as a collegiate court in these processes there is no appeal because there is no possibility of human error and ruling in the sole instance, the cause is immediate material and formal res judicata.
In criminal trials it is expected that avatars controlled by humans participate as jurors, it will also be governed by a process with a single and unappealable instance, criminal decisions could contemplate sanctions of partial or permanent disqualification in the interaction of the human being through his avatar in the Metaverse, very similar to the historical background of Roman law Capitis Deminutio, For Roman Law, the Capitis Deminutio meant an inability of absolute right in the person, there are different types of Capitis Deminutio that are also applicable, such as the median and minimum, which restricted certain civil rights of the citizens.
To conclude, it can be said that the process of creating a general law for the Metaverse goes through the learning sequence of artificial intelligence on the behaviors that the human being performs within the limits of the Metaverse, and the process of applying these laws passes through the combination of reason and the essence of the human being combined with artificial intelligence, which together will dictate the optimal application of these laws.
4.6: Artificial intelligence: The automatization of the human being
Artificial intelligence is one of the tools created by the human being that can surpass its own creator, evolving to the point where it becomes perfect, creating the risk of surpassing humanity and something more worrying than artificial intelligence will satisfy all needs of the human being, which leads to the automation of the human being.
The value of human existence depends largely on the individual’s ability to be surprised by an idea that can resolve certain uncertainties and at the same time create new ones. After all, finding an absolute, that is, getting everything, you want without effort, is equivalent to seeing that moment when something reaches its maximum depth, its maximum meaning, and completely ceases to be interesting for the human being. Hence the concern that artificial intelligence provides the human being with the satisfaction of all his needs, would diminish the human nature of always being motivated to improve himself.
It is therefore important to highlight that the regulatory system of the new digital world must protect human nature at all times and preserve it so that what is human is not lost in automation.
4.7: Interaction between human and artificial intelligence
It is a true fact that humanity and artificial intelligence have interacted more sharply since the appearance of COVID-19 and its variants, where each part has made contributions to the other, that is, technology has been improved by human beings As for its innovations, a clear example is the Metaverse, and technology has supported human beings in various areas, we can say that a permanent symbiotic relationship and strict collaboration between humanity and technology has been strengthened. Symbiotic relationships are defined as the close and persistent relationship between organisms of different types, where both benefits, going further, it can be said that they lead the human being and artificial intelligence to an evolution, turning them into a new individual.
After analyzing the previously exposed, the three laws of robotics promulgated in 1942, by the writer and professor of biochemistry at Boston University, Isaac Asimov, are brought up, in which he expresses the following:
- First Law: A robot will not harm a human being or, through inaction, allow a human being to come to harm.
- Second Law: A robot must follow the orders given by human beings, except those that conflict with the first law.
- Third Law: A robot must protect its own existence to the extent that this protection does not conflict with the first or second law.
After analyzing the three laws of robotics exposed by Isaac Asimov and after verifying the symbiotic relationship between human beings and artificial intelligence, and applying the technique of legal syllogism, which is an instrument used to correctly or improperly manage legal systems, in this logical process that follows the legal reasoning (deductive) to reach the decision starting from presupposed premises (major premise and minor premise), and thus achieve the justification of the legal decision, a major premise is detected, the which is that humanity and artificial intelligence have interacted in a very relevant way, just as a minor premise is detected, which is that both entities have reciprocally supported each other generating common benefits, this conjugation of premises produces a final proposition, the which is a valid argument for a conclusion, which is that there is a permanent symbiotic relationship between humanity and technology.
With which artificial intelligence and humanity are concluded, they create and develop the fourth law of robotics, which is to establish the symbiosis of these organisms in an inevitable and axiomatic way, the symbiotic relationship does not imply the subordination of any of the parties to the other, on the contrary, it accelerates the evolution of both. This fourth law of robotics can be a unifying law of preferential application.
4.8: Digital identity
The digital identity is considered an unbreakable bond that unites the avatar with the human being within the Metaverse, its individualization features are unique and strictly particular, they have a double connotation, that is, access mechanisms from the physical world to the Metaverse as they are, facial recognition, voice pattern, fingerprint, public and private passwords with high levels of encryption within the blockchain, including the digitization of human DNA, to provide a higher level of security, even avoiding threats used with quantum computers, that could fracture the blockchain; From the immersion of the Metaverse, verification mechanisms or second validations regarding movement patterns and personality will be included, so that the artificial intelligence determines that the avatar that is acting in the Metaverse corresponds to the human in the physical world. All this generates high levels of protection to configure and protect the secure digital identity against any threat and possible cloning of the identity. Digital identity is an extension of our reality in the Metaverse, which is why ensuring its security is so important.
5.1: Research questions
One of the main questions of this thesis is the determination of the applicable jurisdiction, because today the ordinary jurisdiction of the physical world has taken the first steps to regulate the Metaverse and everything related to it. It is a risk that the governments of various countries decide to prohibit or restrict free access to the digital universe, which harms the existence and autonomy of the Metaverse, generating a deprivation of constitutional rights such as full freedom in thought, free development of your personality. and its evolution towards the digital world, these are considered assets legally protected in constitutional order, because it is a new ecosystem where human life develops.
5.2 evaluation of options
The trend today is that the ordinary jurisdiction has a kind of monopoly to resolve interpersonal conflicts in the Metaverse, even with the laws of each country. There is a condition that those ordinary jurisdictions have not noticed, which are the new behaviors of human beings that are born and can only be developed in that digital ecosystem, called the Metaverse. The resolution of cases can be erroneous since human behaviors in the metaverse are different from those of the primary world. The detail is in the history of the governments and their peoples, in which the laws deal with behaviors typical of their idiosyncrasy.
Logic and common sense dictate that the legal characterization of the behavior of a new ecosystem requires its own normative system, because applying norms to behaviors of other legal systems implies applying comparative or analogical law of a foreign system and that goes against the postulates of the Hans Kelsen’s theory, violating the principle of autonomy of the digital ecosystem.
It can be said that when the general law proposal for the optimal resolution of cases in the digital universe enters into force, an attractive jurisdiction will be generated for the Metaversian jurisdiction, that is, the ongoing trials of the ordinary jurisdiction that deal with issues of the Metaverse, they will be transferred to the jurisdiction of the digital universe and some of them may be annulled.
5.3: Comparison between the jurisdiction of the Metaverse (Metaversian constitution) and the ordinary jurisdiction
1. In the jurisdiction of the Metaverse, the judicial proceedings regarding the resolution of conflicts are marked by the principle of procedural concentration and a single hearing, in contrast to the ordinary jurisdiction, which normally has the principle of double instance, which generates procedural delays in the resolution of conflicts.
2. In the jurisdiction of the Metaverse, there is no error in the judgment that invalidates the sentence and it will be given practically in real time, contrary to the ordinary jurisdiction, which, being administered by a human, has a high probability of error, in addition to the sentences are not in real time.
3. In the ordinary jurisdiction, there are conflicts of interest between the justice operators and the parties, which can give rise to appeals and inhibition of the judges, however, in the jurisdiction of the Metaverse, this does not occur because there is no partiality between the parties, just as there are no grounds for inhibition or appeal.
4. In the jurisdiction of the Metaverse, the damages to be paid ordered by the sentence can be made immediately, unlike the ordinary jurisdiction, where the damages to be paid may be illusory or not subject to execution.
Statement of reasons for the creation of a Metaversian constitution
This legal system, following the guidelines of the pure theory of law, has its support in the Kelsen pyramid and is represented by the maximum legal regulation that is the Metaversian constitution. Now, in its structure, it consists of a preamble which contains the maximum constitutional values that must be safeguarded and protected. Among these values, in addition to considering those that have traditionally been treated in the constitutions of various countries of the primary world, such as life, freedom, justice, and the development of the personality, among others, the value of the evolution of the human being driven by the symbiotic relationship they have with artificial intelligence and which is inspired by a human /robot relationship that is not subordinate but rather balanced.
The Metaversian constitution is structured by sections where the issue of the division of public powers is mainly dealt with, giving priority in our project to the legislative power and the judiciary with a cooperative role of artificial intelligence with the human being so that they have in together the performance of the functions of the creation of laws and their application when justice is administered, In addition, this structure of separation of powers departs from the traditional division of powers exposed by Charles Montesquieu which was executive power, legislative power and judicial power, and this is mainly concentrated in 2 leading powers such as the legislative and judicial power, even though the first occasionally in this bill could perform executive functions.
The reason for this power structure is the priority of the legislative power made up of avatars managed by human beings, robot legislators, and robot judges, since throughout the history of the primary countries, the executive power tends to deviate from its goals and ends up controlling to the other powers in a corrupt way, that is why the congress in our draft constitution assumes the functions of the executive but in a collegiate way and power is not concentrated in a single subject or individuality, thus avoiding a misuse of power.
Just as the possibility of constitutional amendments is also raised so that the normative structure can be adopted in a flexible way to situations that appear as a result of the interaction of avatars in the digital world; On the other hand, in the judiciary, principles of procedural economy were incorporated, such as the single hearing and concentrated application of acts, in addition, incentives are provided for the auxiliary members of justice as jurors made up of avatars and the presence of artificial intelligence in the resolution or dispute. of conflicts. As a special fact, the validity of the constitution is on day 1 of month 1 of year 1 since it was wanted to separate the calendar date of validity from that which governs the physical world.
This Metaversian Constitution project is the final proposal of this research work and is expressed in the following terms:
The METAVERSIAN citizens, in order to constitute a perfect virtual world, where supreme values prevail such as respect and conservation of human nature and its evolution, justice, digital life, freedom, equality, peace, free development of the personality of the avatars, confidentiality, autonomy and independence from the physical world, and perfectible coexistence with artificial intelligence, which leads to promoting the integration of the multiverses and the general welfare where wars or all military action are excluded, we hereby promulgate and we establish this Constitution for the METAVERSE.
- The legislative powers granted by this METAVERSIAN Constitution will reside in a unicameral Congress that will be composed of artificial intelligence and human avatar members.
- The human avatar members will be elected every three (3) years by the Metaversian citizens, who will apply with full individual identification to exercise their functions and interact in a balanced way with artificial intelligence for the enactment of laws.
- No human avatar may be the legislator who has not completed three (3) years as a citizen of the Metaverse.
- The Legislative Assembly of the Metaverse will determine the date, place, and manner of holding the elections of the legislators.
- The Congress shall meet at least once a year and such session shall begin on the day of the commencement of the Metaversian year unless another day is fixed by law.
- Any bill will originate in the legislative assembly, and be approved with 70% of the votes of the Metaversian citizens and the favorable vote of the artificial intelligence, but the human legislators will be able to propose amendments to the law.
- The Congress shall have the power: to moderately impose and collect contributions, duties, taxes; for the common defense and general welfare of the Metaverse.
- Congress may have or promulgate all the rules and regulations necessary to protect and develop the supreme values of this Constitution and no provision of this Constitution shall be interpreted in such a way that it could prejudice the guarantees protected by it.
- There is a judiciary made up of artificial intelligence and auxiliary judges made up of Metaversian citizens duly certified in the area of law.
- Each court will have competence in defined areas and will adopt its regulations for its operation and validity of the position of the judge. The processes will be in a single instance and marked by the procedural principles of due process, right to defense, speed, concentration, and simplicity of procedures.
- The judges will hold their positions while they observe good conduct and on certain dates, they will receive compensation in crypto assets for their services, which will not be diminished while they hold their positions.
- The judicial power shall be extended to any case that in law and equity arises from this Constitution, from the laws, regulations, or decrees of the Metaversian universe, as well as from the treaties celebrated or that are celebrated under its authority; and the jurisprudence will be binding.
- All criminal cases will be tried before a jury made up of Metaversian citizens, from each court, and the trial will always be public, and when the court ruling is issued, the defendant loses his right to identity confidentiality, depending on the seriousness of the crime. be excluded from the Metaverse, without prejudice to making effective their patrimonial responsibility or confiscation of their crypto assets, the confession or admission of the facts by the accused will have a mitigating value with respect to the applicable sanction for the crime committed.
- The Metaversian Congress exercises executive power through laws or decrees, which must be complied with by the Metaversian citizens.
- The world of the Metaverse protects the guarantee of the right to equality, for this reason, they will not grant titles of nobility; and no Metaversian citizen who performs public functions will be protected under the confidentiality of his identity.
- Any government of the physical state or primary world can celebrate treaties, alliances in the world of the Metaverse, but must have the approval of the absolute majority of the congress, but in no case can these treaties harm the supreme values contemplated in the present Metaversian constitution. or that are inherent in human nature.
Congress will propose amendments to this Constitution, both on the part of human legislators and on the part of artificial intelligence, with the purpose of improving it and adapting its application to the new behaviors displayed by human avatars in their development in the Metaverse. For the approval of the constitutional amendment, a qualified majority of the members of Congress must be present.
This constitution will protect the economic guarantees of the Metaversian citizens, will encourage transactions in crypto assets, and will ensure the best functionality of the services in the Metaverse.
This Metaversian constitutional convention is signed with the unanimous consent of those present, on day 1 of year 1 of the new digital world of the Metaverse. In witness whereof, we have hereby signed.
The innovation postulates continuously expressed by IE University are fulfilled, consequently, it is in fact adapted in the following regulations proposed by the university, which is a driver of innovation.
After completing this investigation, I can reflect that a true jurist should not propose partial solutions or seek devices such as analogy to give a normative response to this new human behavior, since it would be evident that the law of the physical world is imperfect, the proposal is that a new system must be governed by a normative system that is its own and autonomous in the direct application of the law. Of course, as long as it is not created, we observe a provisional application of the traditional regulatory system because the law cannot have gaps from the jurisdictional point of view, the protection of the right called effective judicial protection cannot remain empty, this reaffirming the imperfection of the law of the physical world.
1. Kelsen’s pyramid is applicable to lay the foundations of the legal system of the Metaverse.
2. The Metaverse is a new, autonomous and differentiated system from ordinary jurisdiction.
3. Artificial intelligence creates and develops the fourth law of robotics, which is to inexorably and axiomatically establish symbiosis with the human, and this law will be reflected in the preamble of the Metaversian constitution.
4. The Metaversian constitution is the bill that governs the Metaverse and is its own.
5. The need for a legal system with priority of the legislative power is established, which will express its creation of laws jointly between the human avatars and the legislating robots.
6. The relevance of an expeditious justice applied by robot judges and a jury of avatars is highlighted.
7. The ordinary jurisdiction has no main connotation and cannot exclude the Metaversian jurisdiction, in the resolution of the contentious matters of the Metaverse.
8. Human behaviors are new and typical actions of the digital world, the robot legislator classifies and groups them in a catalog of behaviors and structures the norm in such a way that when the legal bond is determined, the coercive consequence can be applied in time. real.
9. This research demonstrates the urgent need for the creation of the Metaversian constitution, for the optimal development of the digital universe
10. It is important to call the programmers of the technological part to work in the creation of effective programs that protect the functionality of the metaverse of the programs implemented by quantum computers.
Definition of Qualitative literature review: Grant, M. J., & Booth, A. (2009). A typology of reviews: an analysis of 14 review types and associated methodologies. Health information & libraries journal, 26(2), 91-108.
Defining the COVID-19 pandemic: Ciotti, M., Ciccozzi, M., Terrinoni, A., Jiang, W. C., Wang, C. B., & Bernardini, S. (2020). The COVID-19 pandemic. Critical reviews in clinical laboratory sciences, 57(6), 365-388.
Definition of Cryptocurrencies: Wolfgang Karl Härdle, Campbell R Harvey, Raphael C G Reule, Understanding Cryptocurrencies, Journal of Financial Econometrics, Volume 18, Issue 2, Spring 2020, Pages 181–208, https://doi.org/10.1093/jjfinec/nbz033
Definition of Esports: Reitman, J. G., Anderson-Coto, M. J., Wu, M., Lee, J. S., & Steinkuehler, C. (2020). Esports research: A literature review. Games and Culture, 15(1), 32-50.
Definition of social networks: Marin, A., & Wellman, B. (2011). Social network analysis: An introduction. The SAGE handbook of social network analysis, 11, 25.
Academic definition of Artificial Intelligence: Copeland, B. (2022, March 18). artificial intelligence. Encyclopedia Britannica. https://www.britannica.com/technology/artificial-intelligence
Definition of virtual reality (VR): J. M. Zheng, K. W. Chan and I. Gibson, «Virtual reality,» in IEEE Potentials, vol. 17, no. 2, pp. 20-23, April-May 1998, doi: 10.1109/45.666641.
Definition of augmented reality (AR): Grier, R. A., Thiruvengada, H., Ellis, S. R., Havig, P., Hale, K. S., & Hollands, J. G. (2012). Augmented Reality – Implications toward Virtual Reality, Human Perception and Performance. Proceedings of the Human Factors and Ergonomics Society Annual Meeting, 56(1), 1351–1355. https://doi.org/10.1177/1071181312561388
Definition of Blockchain technology: Crosby, M., Pattanayak, P., Verma, S. and Kalyanaraman, V., 2015. Blockchain Technology Beyond Bitcoin. [ebook] p.A single page, Abstract. Available at: <http://book.itep.ru/depository/blockchain/BlockchainPaper.pdf>
Definition of Non-fungible tokens (NFTs): Chohan, Usman W. and Chohan, Usman W., Non-Fungible Tokens: Blockchains, Scarcity, and Value (March 24, 2021). Critical Blockchain Research Initiative (CBRI) Working Papers, 2021 , Available at SSRN: https://ssrn.com/abstract=3822743 or http://dx.doi.org/10.2139/ssrn.3822743
Benefits on working from home: Bloom, N. (2020). How working from home works out. Institute for Economic Policy Research (SIEPR). Policy Brief June.
Definition of Decentralized Autonomous Organizations (DAOs): Wang, S., Ding, W., Li, J., Yuan, Y., Ouyang, L., & Wang, F. Y. (2019). Decentralized autonomous organizations: concept, model, and applications. IEEE Transactions on Computational Social Systems, 6(5), 870-878.
Definition of holographic technologies: Tahara, T., Quan, X., Otani, R., Takaki, Y., & Matoba, O. (2018). Digital holography and its multidimensional imaging applications: a review. Microscopy (Oxford, England), 67(2), 55–67. https://doi.org/10.1093/jmicro/dfy007
What is a Cyberattack: Kim, S. H., Wang, Q. H., & Ullrich, J. B. (2012). A comparative study of cyberattacks. Communications of the ACM, 55(3), 66-73.
What are digital assets: Sandner, P. (2021). Digital Assets: The Future Of Capital Markets. from:https://www.forbes.com/sites/philippsandner/2021/08/24/digital-assets-the-future-of-capital-markets/?sh=42db73536a57
LEVIATHAN by Thomas Hobbes: Hobbes, T., & Missner, M. (2016). Thomas Hobbes: Leviathan (Longman Library of Primary Sources in Philosophy). Routledge.
Definition of Intellectual property: Moore, Adam and Ken Himma, «Intellectual Property», The Stanford Encyclopedia of Philosophy (Winter 2018 Edition), Edward N. Zalta (ed.), URL = <https://plato.stanford.edu/archives/win2018/entries/intellectual-property/>.
The academic definition of Law: Britannica, T. Editors of Encyclopaedia (2020, December 31). law. Encyclopedia Britannica. https://www.britannica.com/topic/law
Theory of separation of powers by Montesquieu: Britannica, T. Editors of Encyclopaedia (2020, April 10). separation of powers. Encyclopedia Britannica. https://www.britannica.com/topic/separation-of-powers
- Illustration developed by artificial intelligence software using words related to the «METAVERSE».
Description: This first illustration is the Metaverse, as the artificial intelligence perceives it, she observes humanity, from the base of the photograph ascending towards a new world, that universe is the future, where everything is possible and the artificial intelligence is in the pinnacle waiting for humanity.
- Illustration developed by artificial intelligence software using words related to the “PYRAMID OF KELSEN”
Description: This second illustration is the artificial intelligence shows the Kelsen pyramid a solid structure permanent in time, robust and firm.
- To the left is an illustration developed by artificial intelligence software using words related to the “HUMANITY”.
- To the right is an illustration developed by artificial intelligence software using words related to the “ROBOT LEGISLATOR”
Description: The third and fourth illustration made by artificial intelligence, shows how humanity, and the robot as legislator and judge, in the same plane without subordination and is the meeting of the two entities that complete and observe each other with a single message that they must fulfill this message is shared evolution.
- Illustration developed by artificial intelligence software using words related to the “SUPERIOR LAW”.
Description: The last illustration is the supreme Law, which is the project developed in this thesis, of Metaversian constitution, the artificial intelligence visualizes it written on a golden paper that is none other than gold, which is a mineral that throughout of history governs the currency conversion values of the world’s economies.
These descriptions of each of the images represent the interpretation of artificial intelligence and are its contribution to humanity so that we find that path and fulfill our destiny in evolution.
 COVID-19 pandemic: In December 2019, an outbreak of pneumonia of unknown origin was reported in Wuhan, Hubei Province, China. The global spread of SARS-CoV-2 and the thousands of deaths caused by coronavirus disease (COVID-19) led the World Health Organization to declare a pandemic on 12 March 2020. (Ciotti, M., Ciccozzi, M., Terrinoni, A., Jiang, W. C., Wang, C. B., & Bernardini, S, 2020)
 Esports: Is defined as competitive gaming, computer-mediated sport, or interactive spectatorship. (Reitman, J. G., Anderson-Coto, M. J., Wu, M., Lee, J. S., & Steinkuehler, C. , 2020)
 Social networks: Is considered a set of social relevant nodes connected by one or more relations. (Marin, A., & Wellman, B. 2011)
 Artificial intelligence: the ability of a digital computer or computer-controlled robot to perform tasks commonly associated with intelligent beings. (Copeland, B. (2022)
 Non-Fungible Tokens (NFTs): can be seen as a unit of digital information (token) that is stored on a blockchain and is not inherently interchangeable with other digital assets (non-fungible). (Chohan, Usman W. 2021)
Cryptocurrencies: Cryptocurrency refers to a type of digital asset that uses distributed ledger, or blockchain, technology to enable a secure transaction. (Wolfgang Karl Härdle, Campbell R Harvey, Raphael C G Reule, 2020)
Virtual reality (VR): Is an advanced, human-computer interface that simulates a realistic environment. (J. M. Zheng, K. W. Chan and I. Gibson, (1998))
Augmented reality (AR): Is defined as “a live direct or an indirect view of a physical, real-world environment whose elements are augmented by computer-generated sensory input, such as sound, graphics or GPS data.” (Grier, R. A., Thiruvengada, H., Ellis, S. R., Havig, P., Hale, K. S., & Hollands, J. G. 2012)
 Blockchain: Is essentially a distributed database of records or public ledger of all transactions or digital events that have been executed and shared among participating parties. (Crosby, M., Pattanayak, P., Verma, S. and Kalyanaraman, V., 2015)
 Opportunities in the Metaverse: How businesses can explore the Metaverse and navigate the hype vs. reality, Published by JPMorgan.
 DAOs: Are an organization form that the management and operational rules are typically encoded on blockchain in the form of smart contracts, and can autonomously operate without centralized control or third-party intervention. (Wang, S., Ding, W., Li, J., Yuan, Y., Ouyang, L., & Wang, F. Y. 2019)
 Jon Radoff: is an American entrepreneur, author, and game designer, who graduated from Harvard University, CEO and co-founder of Beamable, and author of “Building the Metaverse”.
 Holographic technologies: Is an interferometric imaging technique that does not require an imaging lens and can be used to perform simultaneous imaging of multidimensional information, such as three-dimensional structure, dynamics, quantitative phase, multiple wavelengths, and polarization state of light. The technique can also obtain a holographic image. (Tahara, T., Quan, X., Otani, R., Takaki, Y., & Matoba, O. 2018).
Cyberattacks: Cyberattacks are computer-to-computer attacks undermining the confidentiality, integrity, and/or availability of computers and/or the information they hold. (Kim, S. H., Wang, Q. H., & Ullrich, J. B. 2012)
 Digital assets: These are digital representations of all kinds of objects and their associated value. They allow issuance and transfer of ownership without the need for paper documents. (Sandner, P., 2021).
 Hobbes, T., & Missner, M. (2016). Thomas Hobbes: Leviathan (Longman Library of Primary Sources in Philosophy).
 Metaversian constitution: New term that is born with this research, which means the final result of Hobbes’s theory on the necessity of law and structured by Hans Kelsen’s pure theory of law.
 Robot legislator: This new term that is born with this research, which means an artificial intelligence specialized in the creation of norms with catalogs of human behaviors that would configure assumptions of facts and additions of configurative legal consequences
 Robot Judges: This new term that is born with this research, which means artificial intelligence in charge of administering justice.
 Capitis Deminutio: For Roman Law, the Capitis Deminutio meant an inability of absolute right in the person.
 Theory of separations of power by Charles Montesquieu: Division of the legislative, executive, and judicial functions of government among separate and independent bodies. (Britannica, T. 2020)
Thesis written by luis calzadilla k.