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Dear Jeremy,

Thanks for your note. I'll agree that we all recognize this
kind of situation, but this does not consitute agency in the
sense of the ability to willfully act or cause action. This 
would include willfull acts that constitute negligence or 
purposeful inaction where obligations require action. This
is the nature of accountability or responsibility at law, the
kind Francois's post suggested might apply "in extremes."

The malfunction of a machine may mitigate the responsibility
of someone whose actions the malfunctioning machine may
change or influence, the machine itself is not responsible nor
can a machine be held accountable.

To the contrary, when a machine malfunctions due to faulty
constructions, programming or maintenance, a human 
actor or a company will be held responsible, or a firm that
issues the warranty or insurance policy will be accountable. 

Without arguing that Latour believes machines to be independent
actors, the ANT argument made to me was that the artifacts in
question possessed agency of a kind more independent than 
the agency of a malfunctioning machine. Responsibility for a 
collision between drivers would also be mitigated a tree fell 
across a roadway or a bridge collapsed. We might agree that
the falling tree or the bridge were at fault or "responsible" for
the collision, but we would not prosecute, fine, or imprison 
the tree or the bridge. If the tree were known to be rotten,
however, and an order had been issued for removal six months
prior to the accident, the owner of the tree would be held liable.
In the same way, if the engineering specifications of the bridge
were faulty or the owner of the bridge had faild to mainain it
for a decade, the engineers or the organization that owned the
bridge would be held accountable. 

Yours,

Ken


Jeremy Hunsinger wrote:

in regard to machines in law... machines do frequently 
mitigate situations and are interpreted as such in law.  
so driving a car and killing someone at a redlight could be 
mitigated by a redlight system failure, or similar situations.  
this is the sort of agency that machines have in law, and 
most courts recognize it.  this is also the sort of agency 
that ANT recognizes.