Legal personality of artificial intelligence technologies: scientific positions of researchers and prospects for improvement

Бесплатный доступ

The processes of universal digitalization affect all spheres of human life, including legal. They did not ignore existing legal categories and phenomena, and also pushed legal scholars to conduct broad discussions regarding the nature of subjects of law. And today, on the pages of scientific publications, there is increasingly a discussion of issues of the legal capacity of robotics based on new technologies. Moreover, the question is that in modern digital society the technologies under consideration actively perform different tasks, their legal status has not yet been finally determined. Meanwhile, the issue of possible endowment of artificial intelligence with legal capacity seems to be the most controversial at the moment among representatives of legal science. However, even though ongoing debates among scientists and legal scholars on this topic are very active, questions of the legal capacity of the technologies in question remain open. One group of scientists expresses the position that it is impossible to endow the technical devices in question with legal capacity due to the lack of independence of their behavior and expression of will. According to another, the possibility of assigning her the status of a subject will impose on her a number of measures of responsibility for her own activities, making legal relations with her participation more transparent. Other researchers are confident that at present it is not possible to give robotics legal personality due to the insufficient development of end-to-end digital technologies for this; therefore the devices in question simply cannot act as autonomous subjects of legal relations. The author draws conclusions that before granting new technologies legal personality, it is necessary, on the basis of comprehensive scientific research, to study the issue of the possibility of legislatively defining the scope of their legal personality. In the future, with the invention of completely independent technologies, it will be possible to update the issue of the need for the legitimacy of their status, but for now the level of technical characteristics of these technologies is far from algorithms that allow them to be compared with intelligent beings. It is for these reasons that it is too early to update activities on the legal status of these technologies.

Еще

Scientific progress, new technologies, legislative framework, artificial intelligence, digitalization, rule-making activities, robotics, scientific work, legal capacity, legal liability, legal entity, electronic entity, legal categories

Короткий адрес: https://sciup.org/14129596

IDR: 14129596   |   DOI: 10.47475/2311-696X-2024-40-1-8-14

Статья научная