I do agree with your point but think you are creating a bit of a strawman here. I think the OP goal was to present situations in which we need to consider AI liability and two of those situations would be where Coasean barganing is possible and where it fails do the the (relatively) Judgement Proof actor. I’d also note that legal trends have tended to be to always look for the entity with the deepest pockets that you have some chance of blaming.
So while the example of the gun is a really poor case to apply Coase for I’m not sure that really detracts from the underlying point/use of Coasean bargaining with respect to approaches to AI liability or undestanding how to look at various cases. I don’t think the claim is that AI liability will be all one type or the other. But I think the ramification here is that trying to define a good, robust AI liability strucutre is going to be complex and difficult. Perhaps to the point we shouldn’t really attempt to do so in a legaslative setting but maybe in a combination of market risk managaement (insurance) and courts via tort complaints.
But that also seems to be an approach that will result in a lot of actual harms done as we all figure out where the good equilibrium might be (assuming it even exists).
I do agree with your point but think you are creating a bit of a strawman here. I think the OP goal was to present situations in which we need to consider AI liability and two of those situations would be where Coasean barganing is possible and where it fails do the the (relatively) Judgement Proof actor. I’d also note that legal trends have tended to be to always look for the entity with the deepest pockets that you have some chance of blaming.
So while the example of the gun is a really poor case to apply Coase for I’m not sure that really detracts from the underlying point/use of Coasean bargaining with respect to approaches to AI liability or undestanding how to look at various cases. I don’t think the claim is that AI liability will be all one type or the other. But I think the ramification here is that trying to define a good, robust AI liability strucutre is going to be complex and difficult. Perhaps to the point we shouldn’t really attempt to do so in a legaslative setting but maybe in a combination of market risk managaement (insurance) and courts via tort complaints.
But that also seems to be an approach that will result in a lot of actual harms done as we all figure out where the good equilibrium might be (assuming it even exists).