Beyond persons and things: the legal status of AI systems in the EU
(2022) Max Planck Law-Tech-Society Initiative Graduate Student Symposium — Location: Online (13.May.2022)
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- Authors
Mocanu, Diana 
- Abstract
- Given the numerous legal issues raised by AI systems, it is only a matter of time for the first hard cases involving them start to appear before European courts. They will doubtlessly require answering some difficult questions, chief among which concerning the legal status of AI. On the answer to this central question depends what legislation is applicable and enforceable in relation to the practical uses and the ensuing consequences of those uses of AI. I argue that there are three possible answers to the status question, namely treating AIs as things, as legal persons or as new, sui generis legal entities. The proposed research therefore contends that to systematize the arguments in favor and against each of these answers in turn and to contribute new ones is what is needed in order to reach its ultimate goal of outlining a ‘portrait-robot’ of what the legal status of AI should look like in the EU. It asks what the law, legal doctrine and philosophy of law approaches to the subject are, so as to hopefully contribute original insight into designing arguments instrumental in the construction of a more coherent legal approach to the current and future technological advances in AI.
- Affiliations
Citations
Mocanu, D. (2022). Beyond persons and things: the legal status of AI systems in the EU. Max Planck Law-Tech-Society Initiative Graduate Student Symposium, Online. https://hdl.handle.net/2078.5/102979