Some common theoretical issues about the law and the Industrial
Major: Law High quality program Course: QHL-2018-L
SUPERVISOR: DR NGUYỄN HOÀNG ANH
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Chapter I: Some common theoretical issues about the law and the Industrial
1.1.2 The history of the concept of "Industrial Revolution 4.0" and the generalization of the characteristics of the Industrial Revolution 4.0 12
1.2.2 The basic attributes of the law 17
1.2.3 The basic characteristics (nature) of the law 21
1.2.5 The basic principles of the law 26
1.2.6 The role of law in social life 30
Chapter II: New issues posed to legal awareness and law-making and The
Impact of the Industrial Revolution 4.0 on Future Legal System 34
2.1 Changes (new perceptions) to the constitutions of states 34
2.2 Issues of legal reasoning related to robotics and artificial intelligence 36
2.3 The change of some elements of the law in the future as a result of the fourth industrial revolution 39
2.3.1 Industrial Revolution 4.0 could change the concept of the space element in the law 39
2.3.2 Industrial Revolution 4.0 could change the concept of the time element in the law 41
2.3.3 Industry 4.0 can change the concept of the monetary element in law 43 2.3.4 Industrial Revolution 4.0 could change the concept of the subject factor in the law 46
2.4 Changes in legal behavior and legal means 49
2.4.1 The rise of proprietary legal practices in information technology 49
2.4.2 New legal behaviors: such as crypto currency trading, cyber security has always been a technical and political concern of the authorities 50
2.4.3 What legal tools can deal with the risks? 51
2.4.4.Changes in the content of the legal areas 53
2.4.5 Situational illustration: The monopoly of the technology company and the changing of the labor market 56
Chapter III: Legal awareness and law-making in the context of industrial revolution 4.0 in Vietnam 61
3.1 Recognizing and formulating Vietnam's constitution in Industry 4.0 61
3.2 Vietnamese law and the Fourth Industrial Revolution: legal and legal policies 61
The Internet connects everything Yacht
The internet of services IoS
Deutsche Messe AG Federal Republic of Germany
CBDC Central Bank Digital Currency
1 Review "4th Industrial Revolution" - National Science and Technology Information Department
2 Nguyen Minh Doan , Syllabus of State and Legal Theory (2010), National Political Publishing House, Hanoi
3 Thai Vinh Thang (compiled), Dictionary term State reasoning and law
4 C Marx, Ph Angwghen, Full Volume, part 1, Truth Press, Hanoi, 1980
5 Nguyen Dang Dung, Dang Minh Tuan – Vietnam Constitutional Law Syllabus (2017)
6 Associate Professor Dr.Nguyen Thi Que Anh - Associate Professor Dr.Ngo Huy Cuong (co-editor) – The 4th Industrial Revolution and the issues posed to Vietnam's legal reform
1 Mark Robert Anderson: After 75 years, Isaac Asimov's Three Laws of Robotics need updating Edge Hill University, The Conversation, HTTPS:// the conversation.com/profiles/mark-robert-anderson-273683
2 The Fourth Industrial Revolution – Klaus Schwab – National Political Publishing House of Truth
3 Teaching in the Fourth Industrial Revolution - (Translator) Tran Ninh Binh
4 European Parliament: European Civil Law Rules in Robotics - Study for the Juri Committee, Directorate-General for Internal Policies, Policy Department C: Citizens' Rights and Constitutional Affairs, Lea http://www.europarl.europa.eu/committees/fr/supporting- analysessearch.html, 2016
5 Neil M Richards, William D Smart: "How should the law think about robots?" (pp.3-24) Robot Law, Edited by Ryan Calo, A Micheal Froomkin Ian Kerr, Edward Elgar Publishing, UK & USA, 2016
6 Citied in James M Donovan, Legal Anthropology: A Introductionon (Lanham: Altamira Press,2008)
1 https://tienphong.vn/robot-thong-minh-de-doa-cuop-viec-cua-con-nguoi- post849730.tpo
2 http://vneconomy.vn/cuoc-song-so/pham-luat-google-bitay-phat-27- tyusd-tai-chau-au-20170628111319597.htm
3 https://special.vietnamplus.vn/2021/10/21/viet-nam-co-tiem-nang-dan- dau-ve-chuyen-doi-ky-thuat-so/
4 https://www.quangngai.dcs.vn/tin-tuc-su-kien1/-
/asset_publisher/9F2li5r5FPQI/content/cach-mang-cong-nghiep-lan-thu- tu-va-nhung-van-e-at-ra-voi-cong-nghiep-hoa-theo-huong-hien-ai-o- nuoc-ta?_101_INSTANCE_9F2li5r5FPQI_viewMode=view
5 https://www.tapchicongsan.org.vn/web/guest/nghien-cu/-
6 https://www.vass.gov.vn/tap-chi-vien-han-lam/tac-dong-cua-cach-mang- cong-nghiep-40-toi-hoan-thien-the-che-kinh-te-thi-truong-dinh-huong-xa- hoi-chu-nghia-o-viet-nam-22
7 https://vi.wikipedia.org/wiki/C%C3%A1ch_m%E1%BA%A1n.g_C%C3
%B4ng_nghi%E1%BB%87p_l%E1%BA%A7n_th%E1%BB%A9_t%C6
8 https://vneconomy.vn/muon-khong-bi-rot-lai-dang-sau-viet-nam-can- phat-trien-tien-ky-thuat-so.htm
1 The urgency of the topic
Humanity is at one of the most important milestones in the history of its formation and development, having the opportunity to change all economic- cultural-social conditions, that milestone is called "The Fourth Industrial Revolution" The fourth industrial revolution began in the early 21st century, based on the Industrial Revolution 3.0, which was formed on the improvement of the digital revolution, with new technologies such as 3D printing, robotics, artificial intelligence, the Internet of Things (IoT), social networks, cloud computing, mobile, big data analytics (S.M.A.C), nanotechnology, biology, new materials, etc But the core elements of the fourth industrial revolution will be Artificial intelligence, the Internet of Things, and big data Characterized by a combination of technologies that help blur the boundaries between the fields of physics, digitization, and biology The Industrial Revolution 4.0 has been impacting aspects of social life on different scales and levels, which creates both opportunities and challenges for countries This revolution will strongly motivate many countries and territories to move to the knowledge economy, to a "smart" society The intersection and convergence of high-tech fields will gradually blur the boundaries between the production stages and processes, especially the stages of designing, processing, assembling, and manufacturing products, from which production will reach a very high level and be highly optimized It makes the economic benefits more and more obvious In addition, the Industrial Revolution 4.0 will polarize the workforce, and the risk of unemployment will increase not only for works requiring low levels as many people mistakenly believe, but the wave of technological development will change the whole human mindset about labor
In this context, the legislative activity of each country, especially developing countries, needs to innovate, especially in legal thinking in the direction of drastic change from being passive Because of the challenges that the Industrial Revolution 4.0 poses to legislative activity are relatively big The speed of globalization that accompanies the development of science and technology as it is now has caused many aspects of social life to change and not as gradually as before but by leaps and bounds And for the national governance and management of social development in the current technological age, the legal system must be perfected continuously and quickly However, we must accept the fact that we live in a society where the law will be very difficult or almost impossible to keep up with the development of technology, every attempt to "follow" or "take a shortcut" to get ahead of the new technologies in legislative activity is merely speculative according to existing research models The research is pre-existing and the feasibility of this conjecture is that only reality will answer
Technological advancements have significantly outpaced the study of their legal implications, rendering existing theories and documents obsolete Despite their prevalence, these outdated resources fail to reflect the current technological landscape This disparity stems from the rapid evolution of technology and the attempts to leapfrog awareness and law-making by predicting future technological developments, which has ultimately resulted in ineffective and outdated guidance for legal practitioners.
Present an overview of the issues posed to legal reform in the context of the Fourth Industrial Revolution Specifically, the impact of the industrial revolution on the fields of specialization such as law, human rights law, national governance, and law training mechanisms Thereby contributing ideas, and serving as the basis to give experience to Vietnamese law
The subjects of special research are the Marxist-Leninist doctrine, the Constitution of the Socialist State of Vietnam, and the relevant specialized laws of the Socialist State of Vietnam Next are the legally formulated views of countries on the Industrial Revolution 4.0 Finally, there are the theories, views, assessments, and research of scholars and researchers in the fields related to the issue of "law and law-making in the context of the Industrial Revolution 4.0"
In the essay, the writer uses a combination of common research methods: a meta-analysis, statistics, comparison, and comparison of data In addition, it integrates other factors such as the views of researchers and historical factors to accurately collate and analyze related issues in the course
6 The layout of the essay course
The essay begins with the opening chapter, the abbreviated word catalog, the table catalog, and the reference Next is the main content section (63 pages,) divided into chapters as follows:
Chapter I: Some common theoretical issues about the law and the Industrial Revolution 4.0
Chapter II: New issues posed to legal awareness and law-making in the context of the Industrial Revolution 4.0
Chapter III: The Impact of the Industrial Revolution 4.0 on Future Legal Reform Chapter IV: Legal awareness and law-making in the context of industrial revolution 4.0 in Vietnam
7 The theoretical and practical meaning of the essay
The article wishes to provide valuable information on the issues surrounding the Industrial Revolution 4.0 It emphasizes that the need for the development of the law is extremely important for the development of society in the near future Industrial revolution 4.0 is the era of technology, so the law needs to take steps to keep up with the times Through the 4.0 revolution, human society can enter a whole new phase To do that, it is necessary to have a new outlook on the matter of legal awareness and legal development
The essay is an independent creative product of the writer and is written from a subjective perspective through the study, evaluation, and comparison of domestic and foreign documents Due to time constraints, language, and access to material, the essay will surely have a lot of limitations and shortcomings The writer wishes to receive feedback from the instructor and other interested lecturers and readers
The writer would like to thank Associate Professor Dr Nguyen Hoang Anh for taking the time to wholeheartedly instruct, guide, and give suggestions to lead the writer to be able to complete this thesis
Chapter I: Some common theoretical issues about the law and the Industrial Revolution 4.0
The Fourth Industrial Revolution or Industrial Revolution 4.0 is the human revolution in the industrial sector It is the process by which humans integrate all the smart technologies to optimize the process and mode of production and business
According to Gartner, in 2013 the term "Industrie 4.0" appeared in a German government newspaper The basic concept of "Industrie 4.0" is to connect embedded systems and smart manufacturing facilities to create a digital convergence between Industry, Business, functionality, and internal processes
Klaus Schwab, founder and executive chairman of the World Economic Forum (2016) offers a simpler view of "Industry 4.0" as follows: "The first industrial revolution used water and steam energy to mechanize production The second revolution took place thanks to the application of electricity for mass production The 3rd Revolution uses electronics and information technology to automate production Now that the Fourth Industrial Revolution is emerging from the third revolution, it brings technologies together, blurring the lines between physics, digital, and biology."
1.1.2 The history of the concept of "Industrial Revolution 4.0" and the generalization of the characteristics of the Industrial Revolution 4.0
New issues posed to legal awareness and law-making and The
Changes (new perceptions) to the constitutions of states
In the all out of the four modern insurgencies to date, the primary modern upheaval and the fourth modern transformation changed the most profound social establishment, incorporating the class structure in the public arena The First Industrial Revolution utilized water and steam energy to automate creation, the Second Industrial Revolution involved electrical energy for large scale manufacturing he third industrial revolution used information technology and electronics to produce automation The Fourth Industrial Revolution created based on the third modern insurgency that combined advances, obscuring the limits between the fields of material science, digitality and science, the focal point of the Fourth Industrial Revolution was artificial intelligent, automation - robots and the internet connected products The First Industrial Revolution promoted a system of factories and led to a revolution in agriculture that changed the appearance of society, giving rise to issues such as urbanization, freedom of business, capitalism, mass production and new classes On the basis of that social reality, reform thinkers appeared that people still talk about – Adam Smith, Robert Owen, John Stuart Mill, Jeremy Bentham, C Marx (Karl Marx) These theories have influenced the constitutions of countries - for example, the C Marx- Leninist doctrine for Vietnam's constitution 16
With the advent of Industrial Revolution 4.0, technological advancements, such as robots and artificial intelligence (AI), are poised to reshape the workforce As we move into the 2020s and beyond, scientists anticipate that computer- and robotic-based work will eclipse human labor These intelligent systems will leverage sophisticated data processing and analysis methods, heralding a new generation of robots and AI that will redefine the workplace.
16 Associate Professor Dr.Nguyen Thi Que Anh - Associate Professor Dr.Ngo Huy Cuong (co-editor) – The 4th Industrial Revolution and the issues posed to Vietnam's legal reform, tr21 of human language, thus a sharp reduction in the number of middle classes in society, creating a very complex social problem in countries that are following capitalist regimes The justification for this is that in Industry 4.0, many people think that the main basic jobs are lost Nonetheless, that is not totally evident on the grounds for occupations that require high precision (occupations that an educated person requires a long time to perform) can be effortlessly taken care of by computerized reasoning and advanced mechanics The consequence of Industry 4.0 for capitalist countries will be that a large number of people will fall into unemployment, the middle class in society will decrease and the basic standard of living of the majority of people may not be guaranteed Therefore, the constitution needs to be reviewed from a new perspective, which is set in industry 4.0 If the constitution does not make timely changes to suit the new state of society, it will most likely interfere with the system and political line, especially for places where the constitution is based on the model of "social constitution" such as the constitution of socialist countries, it describes and defines the structure of the class and determines the ruling class Some workers were replaced by intelligent machines, and the listing of class and class structure in the Constitution would be a significant drag on access to the Fourth Industrial Revolution As per late studies, the Fourth Industrial Revolution can lead to new classes and change the class structure in the society The actual experts in this new economy additionally have internal contradictions, and that implies struggle between those with capital and those with creative capacity The thoroughly prepared proficient working class is progressively taken out from the game, as it is viewed as another sort of work device in Industry 4.0 In the future, many scholars said that the case does not keep up with the development of innovation in the early stages, but, for the Industrial Revolution 4.0, as the case law plays a very important role to put the written law into practice because in this revolution, Human-machine interactions raise legal issues ranging from civil liability to data protection and crime The suitability of trial decisions requires judges who are not only good at the law, but also have the bravery to grasp the social relations arising from the applications of science and technology Therefore, judicial strengthening should have two key issues: first, clearly defining judicial power that belongs to judges; and second, improve the legal level and the level of access to science and technology of the judge More than any other document, the constitution must address these two issues, since in the near future violations of the law in society may develop in a more complex and dangerous way than may be acts that are considered unconstitutional.
Issues of legal reasoning related to robotics and artificial intelligence
The Fourth Industrial Revolution with the emergence of intelligent robots requires further emphasis on legal reasoning However, people are wary of things they don't understand Long ago, with a obsession with robots that could threaten the destruction of humanity, Isaac Asimov laid out three ethical legal principles for robots: 17
(1) Robots cannot harm humans or, by inaction, so that they may be harmed;
(2) Robots must necessarily obey human orders unless they contradict the aforementioned first principle;
(3) The robot necessarily protects its own existence insofar as such protection does not conflict with the aforementioned first and second principles Many researchers argue that these three legal principles are still seen as a guiding model for robot development, even as the South Korean government proposed a 2007 Robotics Ethics Charter that reflects these principles To this day, there have been many opinions on the above principles, but it is still considered important value for those who build and develop robots and these may also be requirements for controlling this process After all, these principles are built on anxiety about the
17 Assoc Prof.Nguyen Thi Que Anh - Assoc Prof.Ngo Huy Cuong (co-editor) – The 4th Industrial Revolution and the issues posed to Vietnam's legal reform, p21 potential of robots and thereby make hypotheses and solutions to protect humans
In particular, robots and artificial intelligence will be considered a new type of human tool and must be submissive, ensuring for humans 18
A major issue is that regarding regulation, should robots and artificial intelligence be viewed as the subject of the law or not? Robots with various undertakings showing up in numerous areas of public activity, there are robots that meet fundamental human individual requirements however can influence others in a roundabout way For example, in the future if a type of driving robot or artificial intelligence (which has become popular recently) that allows a machine to copy and imitate human behavior will be a major threat to those who are practicing driving, or sexual robots that may threaten women's standing with men indirectly Therefore, the classification of robots is an important solution to establish the legal institution of robots According to the conclusion of the studies, in order to control robots, people divide robots into two categories: "autonomous robots" and other robots Scientists argue that the legal issue related to robotics science is a consequence of the ability created by technological advances in the field of artificial intelligence and robotics, meaning the ability to acquire autonomous machines In robotics, the term "autonomy" is generally used to refer to the ability to perform tasks in unfamiliar environments, for extended periods of time without human intervention; Therefore, an "autonomous robot" is understood as a mechanical device that collects information from its surroundings and uses that information to anticipate specific behaviors that allow it to conduct activities in that environment This type of robot is almost identical to humans, at least in environmental interactions and behavioral decision-making
That prompts one more inquiry of whether robots, or artificial intelligence, ought to be seen as people Furthermore, could robots and artificial intelligence
18 1 Mark Robert Anderson: After 75 years, Isaac Asimov's Three Laws of Robotics need updating Edge Hill University, The Conversation, https:// the conversation.com/profiles/mark-robert-anderson-
273683 at any point turn into the subject of the law? The response to this question adds to the planning solutions that safeguard people from robots or artificial intelligence and safeguards the actual robots or artificial intelligence from any destructive agents Because in the future, the potential of artificial intelligence and robotics is immense, so it can go far beyond the current human understanding
So it is not excluded that robots combine with more advanced types of technologies (such as bio-3D printing) to have a different form of robotic existence The perspective on robots as apparatuses right now is the consequence of human philosophy towards robots and artificial intelligence derived from the way in which humans define them: (A robot is a constructed system that displays both physical and mental agency but is not alive in the biological sense) 19 On the human side, surpassing all other species, humans possess intellectual property and become the dominant species of the world and become social creatures In order to regulate human-to-human relationships and between man and between man and the rest of the world, man gives himself rights and makes the rest of the world the object of rights Therefore, natural human beings (human beings) are the subjects of the law because they are the subjects of rights (however in the history of the development of human society there are periods and in some places, many women and slaves are considered objects of rights) Besides, natural human beings, for their own benefit and for legal technology, grant certain entities or interests or things, things other than legal life, that is, to give them rights and shoulder legal obligations by a technique called personification, simulation of the legal life of the human being (natural person), such as legal entities, geo- transactions, authorities, So, the question of whether the robot has a legal life, or whether it is the subject of the law or not, is an inevitable consequence In Europe it is recommended to create a separate legal status for robots, such as
19 2 Neil M Richards, William D Smart: "How should the law think about robots?" (pp.3-24) Robot Law, Edited by Ryan Calo, A Micheal Froomkin Ian Kerr, Edward Elgar Publishing, UK & USA, 2016, p.6, 12 giving electronic person status to the most sophisticated "autonomous robots" so that they have separate rights and obligations in the event of harm to the third person and in case they have smart autonomous decisions Or other interactions with a third person 20 Subject status is recommended here for robots
2.3 The change of some elements of the law in the future as a result of the fourth industrial revolution
The law is a social peculiarity comprising of components of the scope of space,, with the subject, the method, ought to be covered and its characterizing content The quirks of the legitimate peculiarity appeared in nature and the law are the means by which people can be linked together No one can unilaterally issue a legal document because "if so, it is not for anyone, but is not for anyone, it is no longer a legal document." 23
The Industrial Revolution 4.0 merges technologies, blurring boundaries between disciplines This fusion triggers significant social shifts that impact law by altering legal timeframes, subjects, actions, methodologies, principles, and substantive content These changes stem from the interplay of information, electronics, biotechnology, and materials technologies.
2.3.1 Industrial Revolution 4.0 could change the concept of the space element in the law
First, the law has a space limit, usually that limit is tied to the territory of each country The concept of national sovereignty shapes this limitation, and that creates world legal systems with unique characteristics for each individual living
The European Parliament's 2016 study on European Civil Law Rules in Robotics recommends creating a comprehensive legal framework to address the unique challenges posed by the increasing autonomy and complexity of robots The study emphasizes the need for clear liability rules, safety standards, and ethical guidelines to ensure that robots are used responsibly and in line with human values It calls for a balance between promoting innovation and protecting fundamental rights, with a focus on ensuring that robots enhance human capabilities rather than replace them.
23 Assoc Prof.Dr Nguyen Thi Que Anh - Associate Professor Dr Ngo Huy Cuong (co-editor) – The 4th Industrial Revolution and the issues posed to Vietnam's legal reform, p66 in the territories corresponding to historical, cultural and economic characteristics
Secondly, the positioning of a person in the space or location of a property is always considered as the basis for determining the location and from there to fulfill legal obligations, property rights, personal rights (e.g., inheritance rights, voting rights, registration of secured transactions, ); determine the applicable legal system and determine the court competent to settle disputes related to such legal rights and obligations
But the space limits of the law will be changed by the effects of information technology, with artificial intelligence and smart robots The change in legal space has resulted in the changes in the tools, means and foundations of the law as well On a non-national scale, the grounds and philosophies of the law will also change with the fluctuations of the legal space The reason is that the legal system needs to be based on new bases, new philosophical foundations to suit non-state actors, associations that emerge in cyberspace regardless of territorial boundaries, which makes the principles or philosophies of the legal system need to be changed to be compatible with the customary foundations or new ethics are not limited to a group of communities living within a certain geographic limit
In addition, virtualization technology worldwide is really taking the first steps of its development, with the pioneering of Meta Corporation (formerly Facebook Corporation) in the quest to explore a new land new to humanity It's the promised land called Metaverse The Metaverse is a digital universe that combines aspects of social media, online gaming, augmented reality (AR), virtual reality (VR), the Internet, and money electronics, etc to allow users to use virtual reality technology to interact As Metaverse develops, it will open up a more multi-dimensional user interaction online space compared to current technologies Instead of just viewing digital content, users in the Metaverse will be able to immerse themselves in the space where the virtual digital world is located Metaverse users can even have another life in the metaverse So in the future In the future, it is very likely that countries themselves will be digitized, and even exist in the Metaverse virtual universes of organizations, companies, and corporations developing this type of technology This future is actually not too far away, because at the time of writing this report (2022), there were actually many assets such as land, houses, cars, pictures, music videos, etc.are virtualized into (NFTs) in the Metaverse universe of platforms that support this technology Therefore, it is not excluded that the laws of countries will become inferior (or suffer a loss) in the implementation of this technology regulate social relationships in the metaverse world as it is for the current Internet Therefore, the law should also think about the virtual world and even the legislators need to set limits for organizations, platforms and even companies in building real technology virtual reality “Metaverse” for the development or digitization of areas in the virtual world
2.3.2 Industrial Revolution 4.0 could change the concept of the time element in the law