Towards Recognition of the Legal Personality of Artificial Intelligence (AI): Recognizing Reality and Law

This paper discussed the legal personality of artificial intelligence and the way to recognize it. We conducted this current study using an analytical approach, examining a few legal theories and answering some of the raised questions. The question of whether certain AI systems should acquire legal...

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Bibliographic Details
Main Author: Moustafa, Fatima Rizq (Author)
Format: Electronic Article
Language:English
Published: 2024
In: International journal of criminal justice sciences
Year: 2024, Volume: 19, Issue: 1, Pages: 271-288
Online Access: Volltext (kostenfrei)
Check availability: HBZ Gateway
Keywords:
AI Governance
Autonomous Systems
Electronic Legal Personality
Liability Models
Regulatory Frameworks
Description
Summary:This paper discussed the legal personality of artificial intelligence and the way to recognize it. We conducted this current study using an analytical approach, examining a few legal theories and answering some of the raised questions. The question of whether certain AI systems should acquire legal personality has been a subject of a substantial discussion in jurisprudence. Some argue that we should modify existing liability models to address the legal concerns arising from AI systems, holding users and producers accountable for the activities of independent AI systems rather than recognizing the legal personality of AI itself. Advocates of the argument refused to recognize the legal personality of artificial intelligence, emphasizing that the legal challenges it presents can be addressed by creating an entity or organization with legal personality, such as a limited liability company or a sole proprietorship that utilizes AI in its operations. The arguments are limited, and the fact that artificial intelligences are not persons the incapacity to confer rights and obligations, the issue of constraints, and the adverse characteristics of AI itself. Further, some of the other scholarly writings propose serious legal implications for giving artificial intelligence a legal status. Recognition of its rights or imposition of liabilities upon it would bring about an irreconcilable conflict between fact and law. Therefore, this creates a paradox that has so far denied the legal personality to artificial intelligence.
ISSN:0973-5089