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Kauffman, Marcos Eduardo, und Marcelo Negri Soares. „AI in legal services: new trends in AI-enabled legal services“. Service Oriented Computing and Applications 14, Nr. 4 (18.10.2020): 223–26. http://dx.doi.org/10.1007/s11761-020-00305-x.
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Горохова, Светлана. „ON SOME LEGAL APPROACHES TO DETERMINING THE LEGAL PERSONALITY OF ARTIFICIAL INTELLECTUAL SYSTEMS“. Rule-of-law state: theory and practice 16, Nr. 4-1 (01.04.2020): 31–42. http://dx.doi.org/10.33184/pravgos-2020.4.4.
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The issues of determining the place of artificial intellectual systems in the structure of new legal relations determined by the level of technological development are one of the most urgent tasks of modern Russian law today. The most important problem, determined by the requirements of law enforcement and the need to comply with the requirements of building of the rule-of-law state, is the study of fundamental positions regarding the conditions and procedure for bringing subjects to legal responsibility for torts involving artificial intelligence (AI). Purpose: to analyze approaches to the definition and content of legal personality, in particular, the possible legal personality of artificial intellectual systems, with an emphasis on the rules for imposing liability for torts involving them. Methods include dialectical and metaphysical methods of cognition (as the philosophical basis of the work performed); general scientific methods (analysis, synthesis, abstraction, hypotheses, etc.); as well as special scientific (comparative-legal, legal-dogmatic, cybernetic, interpretation) methods of scientific cognition. Results: the study, for the purpose of determining the legal personality of AI, justifies the greatest significance of its classification into: weak narrow-purpose AI (Narrow AI), strong general-purpose AI (General AI), and super-strong intelligence (Super AI). Based on the materials of scientific sources, the concept of «partial legal capacity» is formulated and the possibility of its application to strong and super-strong AI is scientifically justified. Fundamental theoretical positions (General rule and exceptions) regarding the conditions and procedure for bringing subjects to legal responsibility for torts involving AI are presented.
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Nitta, Hajime Yoshinoand Katsumi. „AI and Law (2)“. Journal of Advanced Computational Intelligence and Intelligent Informatics 2, Nr. 1 (20.02.1998): 1. http://dx.doi.org/10.20965/jaciii.1998.p0001.
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In the last issue (Vol.1, No.2), we introduced the Legal Expert System (LES) project led by Hajime Yoshino of Meiji Gakuin University, presenting six papers on the LES project. Those papers were mainly related to higher order reasoning systems such as ase-based reasoning, abductive and inductive logic programming, nonmonotonic reasoning, and analogical reasoning. The objective of the LES project was to develop a legal expert system effective for use by lawyers, so the project covers inference mechanisms, analysis of legal knowledge, and user interfaces. In this second special issue on the LES project, we present five more papers, mainly related to the analysis of legal knowledge, legal knowledge representation language, and legal reasoning system user interfaces. Hajime Yoshino analyzes the logical structure of contract law. To develop a knowledge base for the United Nations Convention on Contracts for the International Sale of Goods (CISG), he proposes a clear logical model of the contract law system, which treats relations between events and legal status such as rights and obligations. Yoshino demonstrates that legal metarules are effective in constructing deductive legal reasoning systems, and are appropriate from the viewpoint of jurisprudence. Seiichiro Sakurai discusses the logical features of the legal knowledge representation language, CPF, developed by Hajime Yoshino. CPF is a logic programming language that enhances the representation of complex data structures. CPF is a convenient tool for representing legal knowledge, yet lawyers often attempt to describe nonexecutable forms of CPF rules.Sakurai introduces a way to construct an executable knowledge base from lawyers' CPF rules. Masato Shibasaki and Katsumi Nitta introduce a new framework to formalize nonmonotonic reasoning with dynamic priorities. The several frameworks proposed thus far to model relationships among arguments do not treat complex arguments, composed of strict rules and default rules. They show that the new framework represents such relationships and analyze these relationships for this framework and others. Takashi Miyata and Yuji Matsumoto introduce LES natural language generation using a user interface for lawyers rather than computer scientists. They describe a sentence generation system that translates logical forms provided from an inference engine into natural-language sentences, and present the unification grammar, generation algorithm and graphical debugging tool. To develop a knowledge base, the lawyers of the LES project analyze and represents the relationships between requirements (actions or events) and consequences (legal status) of legal rules in the form of logical flowcharts. Once the appropriateness of a flowchart is confirmed, they convert it to a CPF rule in their knowledge base. Koji Miyagi, Motoki Miura and Jiro Tanaka developed a flowchart editor that makes legal flowcharting easier. To make it easier to decide where to locate flowchart components and draw linens between the components, the editor possesses several algorithms.
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Ho, Juin-Hao, Gwo-Guang Lee und Ming-Tsang Lu. „Exploring the Implementation of a Legal AI Bot for Sustainable Development in Legal Advisory Institutions“. Sustainability 12, Nr. 15 (25.07.2020): 5991. http://dx.doi.org/10.3390/su12155991.
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This study explores the implementation of legal artificial intelligence (AI) robot issues for sustainable development related to legal advisory institutions. While a legal advisory AI Bot using the unique arithmetic method of AI offers rules of convenient legal definitions, it has not been established whether users are ready to use one at legal advisory institutions. This study applies the MCDM (multicriteria decision-making) model DEMATEL (decision-making trial and evaluation laboratory)-based Analytical Network Process (ANP) with a modified VIKOR, to explore user behavior on the implementation of a legal AI bot. We first apply DEMATEL-based ANP, called influence weightings of DANP (DEMATEL-based ANP), to set up the complex adoption strategies via systematics and then to employ an M-VIKOR method to determine how to reduce any performance gaps between the ideal values and the existing situation. Lastly, we conduct an empirical case to show the efficacy and usefulness of this recommended integrated MCDM model. The findings are useful for identifying the priorities to be considered in the implementation of a legal AI bot and the issues related to enhancing its implementation process. Moreover, this research offers an understanding of users’ behaviors and their actual needs regarding a legal AI bot at legal advisory institutions. This research obtains the following results: (1) It effectively assembles a decision network of technical improvements and applications of a legal AI bot at legal advisory institutions and explains the feedbacks and interdependences of aspects/factors in real-life issues. (2) It describes how to vary effective results from the current alternative performances and situations into ideal values in order to fit the existing environments at legal advisory institutions with legal AI bot implementation.
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Yoshino, Hajime, und Katsumi Nitta. „Special Issue on AI and Law“. Journal of Advanced Computational Intelligence and Intelligent Informatics 1, Nr. 2 (20.12.1997): 81–82. http://dx.doi.org/10.20965/jaciii.1997.p0081.
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Lawyers use a reasoning process known as legal reasoning to solve legal problems. Legal expert systems could potentially help lawyers solve legal problems more quick and adequately, enable students to study law at school or at home more easily, and help legal scholars and professionals analyze the law and legal systems more clearly and precisely.In 1992, Hajime Yoshino of Meiji Gakuin University started a “Legal Expert Systems” project. This “Legal Expert” project is funded by the Japanese Ministry of Education, Science and Culture and is scheduled to run from May 1992 to March 1998. Yoshino organized over 30 lawyers and computer scientists to clarify legal knowledge and develop legal expert systems.This project covers a wide range of technologies such as the analysis of legal knowledge, the analysis of legal rules on international trade (United Nations Convention on Contracts for International Sale of Goods (CISG)), legal knowledge representation, legal inference models, utility programs to develop legal knowledge bases, and user interfaces. This project, which ends in March 1998, will focus on developing comprehensive legal expert systems as the final product. In this issue, we present 12 papers written by “Legal Expert” project members.In this number, Hajime Yoshino gives are overview of the legal expert systems project, explaining its aims, objectives, and organization. Six papers that follow his introduction include three on case-based reasoning. Legal rules are given by ambiguous predicates, making it difficult sometimes to determine whether conditions for rules are satisfied by the facts given of an event. In such cases, lawyers often refer to old cases and generate hypotheses through analogical reasoning.Kaoru Hirota, Hajime Yoshino and Ming Qiang Xu apply fuzzy theory to case-based reasoning. A number of related systems have been developed, but most focus on qualitative similarities between old cases and the current case, and cannot measure quantitative similarities. Hirota et al. treat quantitative similarity by applying fuzzy theory, explaining their method using CISG examples.Ken Satoh developed a way to compute an interpretation of undefined propositions in a legal rule using adversarial case-based reasoning. He translated old cases giving possible interpretations for a proposition into clauses in abductive logic programming and introduced abducibles to reason dynamically about important factors in an old case to the interpretation suiting the user’s purpose.Yoshiaki Okubo and Makoto Haraguchi formalized a way of attacking legal argument. Assume that an opponent has constructed a legal argument by applying a statute with an analogical interpretation. From the viewpoint of legal stability, the same statue for similar cases should be applied with the same interpretation. We thereby create a hypothetical case similar to the case in question and examine whether the statue can be interpreted analogically. Such a hypothetically similar case is created with the help of a goal-dependent abstraction framework. If a precedent in which a statue has been applied to a case with a different interpretation – particularly complete interpretation – can be found, the opponent’s argument is attacked by pointing out the incoherence of its interpretation of the statue.Takashi Kanai and Susumu Kunifuji proposed a legal reasoning system using abductive logic programming that deals with ambiguities in described facts and exceptions not described in articles. They examined the problems to be solved to develop legal knowledge bases through abductive logic programming, e.g., how to select ambiguities to be treated in abductive reasoning, how to describe time relationships, and how to describe an exception in terms of the application of abductive logic programming to legal reasoning.Toshiko Wakaki, Ken Satoh, and Katsumi Nitta presented an approach of reasoning about dynamic preferences in the framework of circumscription based on logic programming. To treat dynamic preferences correctly is required in legal reasoning to handle metarules such as lex posterior. This has become a hotly discussed topic in legal reasoning and more general nonmonotic reasoning. Comparisons of their method, Brewka’s approach, and Prakken and Sartor’s approach are discussed.Hiroyuki Matsumoto proposed a general legal reasoning model and a way of describing legal knowledge systematically. He applied his method to Japanese Maritime Traffic Law.Six more papers are to be presented in the next number
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Krysanova, N. V. „ON THE ISSUE OF LEGAL PERSONALITY AND LEGAL DEVELOPMENT OF ARTIFICIAL INTELLIGENCE“. Pravovedenie IAZH, Nr. 1 (2021): 23–31. http://dx.doi.org/10.31249/rgpravo/2021.01.02.
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We study the points of view of Russian and foreign scientists on the possibility of granting AI a certain form of legal personality of an individual or legal entity and solve the problem of the grounds for such an assignment. The article analyzes proposals on classification of forms of legal capacity of intellectual systems, on recognition of the concept of «quasi-personality», predicts potential options for changing the legal personality of AI.
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Dmitriev, Oleg N. „Conceptual idea to optimize institutional typological series of organization and legal forms of legal entities“. Revista Amazonia Investiga 9, Nr. 26 (21.02.2020): 432–41. http://dx.doi.org/10.34069/ai/2020.26.02.50.
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The concept of a legal entity’s organization and form is introduced in a meaningful aspect. The existing typology of Russian enterprises/firms as legal entities in its organization and forms’ context with an emphasis on commercial organizations is given. There are defined priority discriminatory aspects of the Russian enterprises’ organization and legal form, that means for commercial organization. An assessment is made regarding the applied intuitive-empirical method of these subjects of juridical relations’ organization and legal forms existing typology forming and, accordingly, its non-optimization by the set and institutional characteristics. The conceptual idea to transit in the direction to optimized institutional series of the enterprises’ organization and legal forms is formulated. A general methodological scheme for forming of the optimized institutional series of them is proposed.
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NITTA, Katsumi, und Ken SATOH. „AI Applications to the Law Domain in Japan“. Asian Journal of Law and Society 7, Nr. 3 (Oktober 2020): 471–94. http://dx.doi.org/10.1017/als.2020.35.
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AbstractArtificial intelligence (AI) and law is an AI research area that has a history spanning more than 50 years. In the early stages, several legal-expert systems were developed. Legal-expert systems are tools designed to realize fair judgments in court. In addition to this research, as information and communication technologies and AI technologies have progressed, AI and law has broadened its view from legal-expert systems to legal analytics and, recently, a lot of machine-learning and text-processing techniques have been employed to analyze legal information. The research trends are the same in Japan as well and not only people involved with legal-expert systems, but also those involved with natural language processing as well as lawyers have become interested in AI and law. This report introduces the history of and the research activities on applying AI to the legal domain in Japan.
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Latkovska, Tamara, Pavlo Latkovskyi und Anastasiia Podolska. „Legal ways of double taxation resolving“. Revista Amazonia Investiga 9, Nr. 26 (21.02.2020): 365–71. http://dx.doi.org/10.34069/ai/2020.26.02.42.
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The purpose of the article is a comprehensive study of the problems of double taxation, which is at the intersection of categories of taxable entity and taxpayer. According to the purpose, it is substantiated that double taxation arises in the case of taxation of income received by residents abroad, or in the case of a mixed procedure of tax payment, or in the taxation of the distributed part of the profits of enterprises. It has been established that double taxation is also possible with the partial imposition of one object on another, and this can occur both within the same country and under different tax systems. The taxation of petroleum products with excise tax, which resulted from the legislative regulation that led to double taxation, was considered and analyzed. In the process of researching the topic of the article, the authors conclude that, starting from 2016, the legislator actually introduced double taxation with the same tax and accordingly replaced the ad valorem excise tax rate on retail sales of excisable goods with specific ones (Euro tax rate per unit of tax). It is stated that double taxation of one and the same taxpayer is a violation of Article 1 of the Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms of each natural or legal person, the right to peacefully own their property.
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Shablystyi, Volodymyr, Svitlana Obrusna, Yuriy Levchenko, Vitaliy Gluhoverya und Viktoriia Rufanova. „Social and legal nature of bullying“. Revista Amazonia Investiga 10, Nr. 37 (05.03.2021): 78–85. http://dx.doi.org/10.34069/ai/2021.37.01.7.
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The aim of the article is to analyze the concepts of bullying and mobbing, to determine their social and legal nature, to formulate our own definition of these terms. The subject of the study is an analysis of the concepts of bullying and mobbing. The research methodology includes the following methods: system and structural method, formal and dogmatic method, historical method, clustering method, comparative and legal method, legal modeling method and others. The results of the study. The definition of bullying is comprehensively studied, its types are singled out, the phases of its development are determined. Practical implication. The difference between bullying and mobbing, as well as between bullying and conflict, is studied. Value / originality. Based on the research conducted the authors’ concepts of bulling and mobbing are proposed.
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Varjushin, M. S. „Legal framework for artificial intelligence technologies in telemedicine“. Russian Journal of Telemedicine and E-Health 7, Nr. 2 (29.06.2021): 18–22. http://dx.doi.org/10.29188/2712-9217-2021-7-2-18-22.
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Regulation of artificial intelligence (AI) technologies in healthcare are rapidly developing. Currently, medical organizations faced with the use of AI in conditions of insufficient legislation. There is an analysis of the AI’s legal aspects in the frame of distant interaction of doctors each other and with patients via telemedicine. Special recommendations for introducing and applying AI technologies in different modes given for medical organizations managers. The issue of civil liability for harm caused during the provision of medical care using AI technologies analyzed in detail.
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Горохова, Светлана. „ON THE ISSUE OF THE NEED FOR THE INSTITUTION OF LEGAL PERSONALITY OF ARTIFICIAL INTELLIGENCE AT THE PRESENT DEVELOPMENT STAGE OF THE RULE-OF-LAW STATE“. Rule-of-law state: theory and practice 16, Nr. 3 (01.03.2020): 23–33. http://dx.doi.org/10.33184/pravgos-2020.3.3.
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An urgent problem of transforming Russian legal system at the present stage of its development is to find an optimal balance in determining fundamental approaches to the legal regulation of public relations complicated by cyberphysical systems, artificial intelligence, various types of robots and robotics objects, as well as to consider the possibility of giving legal personality to weak and strong artificial intelligence in various branches of law and legislation. Purpose: analysis of the issues related to determining the legal status of artificial intellectual systems, taking into account modern requirements dictated by scientific and technological progress, the development of social relations, and the rule-of-law principles, aimed at ensuring respect for the individual rights and legitimate interests, society and the state Methods: on the basis of dialectical and metaphysical methods, general scientific (analysis, synthesis, comparative law, etc.), and specific scientific (legal-dogmatic, cybernetic, interpretation) methods of scientific knowledge are used. Results: at the present stage of technological development, we should talk about the existence of a weak narrow-purpose AI (Narrow AI) and a strong General-purpose AI (General AI). Super-strong intelligence (Super AI) does not yet exist, although its development is predicted in the future. Narrow AI, of course, can not reach natural intelligence, so, based on its internal properties, it can not be considered a subject in relations under any circumstances. In contrast to narrow AI (Narrow AI), General AI (GAI) has a developed intelligence comparable to that of a human in certain characteristics. The theoretical discussion of giving an artificial intelligence the status of a subject or a “quasi” subject of law makes sense only for technological solutions in the rank of General AI and Super AI. In the case of an AIS, it can only be a question of partial legal capacity. Partial legal capacity is a status that applies to subjects that have legal capacity only in accordance with specific legal norms, but are otherwise not obligated or entitled. Therefore, when choosing the concept of legislative assignment of partial legal capacity to the AIS, it is necessary to determine which specific rights or “right obligations” will be granted to General AI and Super AI.
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Androshchuk, Hennadii. „Artificial intelligence: economy, intellectual property, threats“. Theory and Practice of Intellectual Property, Nr. 2 (06.07.2021): 56–74. http://dx.doi.org/10.33731/22021.236555.
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Keywords: artificial intelligence, economic impact, intellectual property, regulation,cybersecurity, risks, threats, national security
Artificial intelligence (AI) technologies, the spread of which is based on thewidespread use of digital information and the rapid growth of computing power, areleaving the realm of purely theoretical research and becoming one of the segmentsof the world market that can have truly revolutionary consequences. The paper provideseconomic and legal analysis of the state and trends of AI, identifies its impacton the economy, the importance of the role of intellectual property (IP), assesses therisks, threats and dangers of criminal use of AI, developed mechanisms to counterthem. The development of AI technologies as an integral part of «Industry 4.0» isconsidered, the main provisions of the «White Paper on Artificial Intelligence» ofthe EU are studied.Over the next decade, the EU plans to spend $20 billion a year on AI development.At the same time, the protection of IP rights in the context of AI development and relatedtechnologies has been unconsidered by the Commission, despite the key importanceof these rights. In legal regulation, AI is seen as a new challenge for the economyand the legal system, a new phenomenon that has a multiplier effect, a legal phenomenonin the structure of legal relations, a new object for legal regulation.
The introduction of AI in the field of IP creates new legal and economic problems.The creation of AI works is an integral area of activity in the modern digital economy.These circumstances bring to the fore the problem of recognition of authorship in thecreation of AI works, the possibility of authors to dispose of their rights and their useof mechanisms for legal protection of IP. The analysis of the cases considered bycourts connected with a problem of legal personality of AI is carried out, legislative activityon this question is studied. Possibilities and dangers of criminal use of AI areshown. They are ranked in order of their level of danger — depending on the harmthey may cause, the potential benefit or the benefit of crime. Prospects for the developmentof AI in Ukraine are shown, the Concept of development of artificial intelligencein Ukraine is analysed. It is concluded that AI should become one of the key driversof digital transformation and overall growth of Ukraine's economy.
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Androshchuk, Hennadii. „Artificial intelligence: economy, intellectual property, threats“. Theory and Practice of Intellectual Property, Nr. 3 (07.09.2021): 45–56. http://dx.doi.org/10.33731/32021.239583.
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Keywords: artificial intelligence, economic impact, intellectual property, regulation,cybersecurity, risks, threats, national security
Artificial intelligence (AI) technologies, the spread of which is based on thewidespread use of digital information and the rapid growth of computing power, areleaving the realm of purely theoretical research and becoming one of the segmentsof the world market that can have truly revolutionary consequences. The paper provideseconomic and legal analysis of the state and trends of AI, identifies its impacton the economy, the importance of the role of intellectual property (IP), assesses therisks, threats and dangers of criminal use of AI, developed mechanisms to counterthem. The development of AI technologies as an integral part of «Industry 4.0» isconsidered, the main provisions of the «White Paper on Artificial Intelligence» ofthe EU are studied.Over the next decade, the EU plans to spend $20 billion a year on AI development.At the same time, the protection of IP rights in the context of AI development and relatedtechnologies has been unconsidered by the Commission, despite the key importanceof these rights. In legal regulation, AI is seen as a new challenge for the economyand the legal system, a new phenomenon that has a multiplier effect, a legal phenomenonin the structure of legal relations, a new object for legal regulation.
The introduction of AI in the field of IP creates new legal and economic problems.The creation of AI works is an integral area of activity in the modern digital economy.These circumstances bring to the fore the problem of recognition of authorship in thecreation of AI works, the possibility of authors to dispose of their rights and their useof mechanisms for legal protection of IP. The analysis of the cases considered bycourts connected with a problem of legal personality of AI is carried out, legislative activityon this question is studied. Possibilities and dangers of criminal use of AI areshown. They are ranked in order of their level of danger — depending on the harmthey may cause, the potential benefit or the benefit of crime. Prospects for the developmentof AI in Ukraine are shown, the Concept of development of artificial intelligencein Ukraine is analysed. It is concluded that AI should become one of the key driversof digital transformation and overall growth of Ukraine's economy.
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Kitsen, Natalia, Ilona Fakas und Alla Babii. „Modern challenges to the legal examination regulations“. Revista Amazonia Investiga 9, Nr. 28 (21.04.2020): 22–29. http://dx.doi.org/10.34069/ai/2020.28.04.3.
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The article is devoted to the consideration of problems of legal expert examination of legal acts. One of the criteria for the effectiveness of a normative legal act as a basic element of legislation is its legal correctness. The dramatic changes that have taken place in Ukraine in recent years have significantly increased the role of legal means and mechanisms in the social and political life of the country. The effectiveness of transformations in the country aimed at forming civil society and the rule of law, strengthening the law and order depends on the perfection of the existing legal acts, their projects and the adoption of correct and legally justified decisions. Ensuring compliance with this criterion avoids inconsistencies in legislation and, as a consequence, ensures the unity of legal space. That is why legal expertise is a full-fledged tool for ensuring legal correctness and overcoming rulemaking, which requires a comprehensive analysis and comprehensive examination of the essence of legal expertise in the mechanism of legal regulation. The tasks that need to be addressed in the process of research on this issue can be attributed to: the study of the concept and features of legal expertise of draft normative legal acts, both in the legal literature, and the current and prospective legislation of Ukraine.
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Cath, Corinne. „Governing artificial intelligence: ethical, legal and technical opportunities and challenges“. Philosophical Transactions of the Royal Society A: Mathematical, Physical and Engineering Sciences 376, Nr. 2133 (15.10.2018): 20180080. http://dx.doi.org/10.1098/rsta.2018.0080.
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This paper is the introduction to the special issue entitled: ‘Governing artificial intelligence: ethical, legal and technical opportunities and challenges'. Artificial intelligence (AI) increasingly permeates every aspect of our society, from the critical, like urban infrastructure, law enforcement, banking, healthcare and humanitarian aid, to the mundane like dating. AI, including embodied AI in robotics and techniques like machine learning, can improve economic, social welfare and the exercise of human rights. Owing to the proliferation of AI in high-risk areas, the pressure is mounting to design and govern AI to be accountable, fair and transparent. How can this be achieved and through which frameworks? This is one of the central questions addressed in this special issue, in which eight authors present in-depth analyses of the ethical, legal-regulatory and technical challenges posed by developing governance regimes for AI systems. It also gives a brief overview of recent developments in AI governance, how much of the agenda for defining AI regulation, ethical frameworks and technical approaches is set, as well as providing some concrete suggestions to further the debate on AI governance. This article is part of the theme issue ‘Governing artificial intelligence: ethical, legal, and technical opportunities and challenges’.
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Maksymov, Sergiy, und Natalia Satokhina. „Human dignity as a universal legal value“. Revista Amazonia Investiga 9, Nr. 31 (07.08.2020): 96–103. http://dx.doi.org/10.34069/ai/2020.31.07.9.
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The purpose of the article is to substantiate the thesis about human dignity as the initial and universal legal value. The investigation belongs to philosophical and legal anthropology and axiology. In the process of research, phenomenological and analytical methods in their unity and complementarity were used. The article draws attention to the tendency of increasing interest to the value component of law in contemporary legal philosophy and doctrine. Traditionally, justice is recognized as the main legal value embodying the high purpose of law. It is a complex value and embodies a certain ratio of no less universal legal values based on human experience, such as human dignity, freedom and equality. Since the mid-twentieth century, human dignity has become the “new key concept” for law. This was due to the desire to prevent a recurrence of the state of barbarism – massive and large-scale humiliation of it during the Second World War. As an expression of a person’s intrinsic value, his subjectivity, human dignity is considered as a value basis of human rights as a whole, as well as an independent right, the inviolability of which is enshrined in the fundamental international documents and constitutions of developed countries. It finds protection in the practice of national Constitutional Courts (primarily the German Federal Constitutional Court), the European Court of Human Rights and other legal institutions. The ethical priority of dignity in the system of legal values emphasizes the universality of human rights, which are based on the initial and unconditional recognition of the other in his uniqueness, regardless of his belonging to a particular community.
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Donnikova, Irina, und Andrii Kovban. „Moral-legal self-regulation of freedom of conscience: culturological aspect“. Revista Amazonia Investiga 9, Nr. 32 (08.09.2020): 28–35. http://dx.doi.org/10.34069/ai/2020.32.08.3.
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The purpose of the article is to analyze the possibility of combining legal and moral regulations in the implementation of the human right to freedom of conscience. The methodological basis of the study reveals the interdisciplinary of the problem. Culturological analysis of freedom of conscience is performed by using philosophical-anthropological and phenomenological approaches to identify the specifics of legal culture, the role of conscience in the moral and legal self-regulation of human. Systemic method is used for analysis freedom of conscience as a complex holistic phenomenon; historical method and comparative-legal method – for identification of the specifics of the legal regulation of freedom of conscience in historical retrospect and perspective. Scientific novelty. Freedom of conscience is revealed as a phenomenon of legal culture which involves the moral-legal self-regulation of people. As a manifestation of social self-organization the legal culture forms a tolerant communicative space, in which the actually legal regulation of freedom of conscience is supplemented by mechanism of the moral self-regulation of a person – conscience. It is substantiated that transformation of the law to a legal culture requires not only human trust in the law, but also the legal trust in a conscientious person.
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Kostova, Nataliia, SettingsIryna Annienkova, Nataliia Nahorna und Pavlo Hushcha. „Higher Legal Education in Ukraine in the 21st Century: Current Situation and Development Issues“. Revista Amazonia Investiga 9, Nr. 27 (21.03.2020): 42–51. http://dx.doi.org/10.34069/ai/2020.27.03.5.
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Importance of the given topic is explained not only by international cooperation, globalization, informatization, changes of priorities in social, economic and educational policies, but also various transformations in higher legal education in the international context. The purpose of the given study is to examine the current condition of Ukrainian higher legal education and to analyze its statistical indicators, actual features and development issues. The following methods of scientific research were used in the present study: interpretative and comparative-historical analysis, methods of chronology, comparison, research and historical retrospection. As a result thereof, some peculiarities of Ukrainian higher legal education were determined. Firstly legal studies degree programs are offered by classic universities, legal higher education establishments and non-dedicated higher education establishments. Secondly there is an uneven regional distribution of higher education establishments and licensed number of future students in legal studies degree programs. Thirdly higher legal education has been commercialized. Moreover the legal studies degree programs are chosen most often by future students, although the majority of graduates is not employed in the obtained occupation. Furthermore the European and national approaches to the legal higher education are combined. Additionally learning standards in higher legal education are defined by state and self-governing professional establishments. Lastly, it can be concluded that not only a dynamic pattern analysis in higher legal education quality, but also anticipation and definition of development tendencies in higher legal education are affected by constant changes in the procedure of the unified proficiency admission test for the legal studies degree programs.
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Fedorov, Valentyn, Tetiana Fedorova, Mykhailo Kosiuta, Karina Ahapova und Alina Topal. „Legal aspects of the use of cloud technologies“. Revista Amazonia Investiga 9, Nr. 28 (21.04.2020): 296–302. http://dx.doi.org/10.34069/ai/2020.28.04.33.
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The relevance of the article due to the need for the legal regulation of relations regarding the use of cloud computing that have already involved in the most important areas of public life. Currently (along with the undeniable benefits), there are many problems caused by the use of cloud technologies. The current legislation needs to be modified to create a regulatory platform, remedies, and factors to prevent or prevent illegal activity. The authors of this article have used various methods of scientific research, namely the analysis, synthesis, analogy, deduction, induction, formal-legal, comparative-legal, interpretation of law, etc. The study shows that there is currently no legal regulation in Ukraine on the use of cloud technology. Today, it is possible to distinguish several ways of legal regulation of relations on the use of cloud technologies: 1) legal regulation of these relations can be done using already existing regulatory acts; 2) amend the existing legal framework (adaptation of stable legal norms to the new information reality); 3) to create new legal acts on the regulation of exclusive relations related to the use of cloud technologies, taking into account their specifics.
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Ballell, Teresa Rodríguez de las Heras. „Legal challenges of artificial intelligence: modelling the disruptive features of emerging technologies and assessing their possible legal impact“. Uniform Law Review 24, Nr. 2 (01.06.2019): 302–14. http://dx.doi.org/10.1093/ulr/unz018.
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Abstract The extensive use of artificial intelligence (AI) tools and systems and its extraordinary relevance in a multitude of social and economic domains must be framed into the broader context of a second wave of digital transformation. AI embodies the transformative force and the disruptive potential of a second generation of technologies that are ushering in a new stage of the digital evolution of our societies and economies. The acceleration and accumulation of technological developments pose unforeseen challenges to the twenty-first century's law. A systematic, extensive, and wisely combined application of these emerging technologies, such as AI and advanced robotics, Internet-of-Things (IoT), and DLT, offers fascinating possibilities and announces great disruptive effects. The aim of this article is to devise an analytical framework to identify the disruptive features of AI, as one of the most illustrative exponents of the second-generation technologies, and assess the potential impact on certain existing principles, rules and concepts.
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Sumantri, Viony Kresna. „Legal Responsibility on Errors of the Artificial Intelligence-based Robots“. Lentera Hukum 6, Nr. 2 (02.08.2019): 331. http://dx.doi.org/10.19184/ejlh.v6i2.10154.
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Modern technology is developing rapidly. One branch of industrial technology that is particularly popular at the moment is artificial intelligence (AI) that facilitates society's daily life. On smartphones, artificial intelligence can be found in map applications, personal assistants, shopping websites, and various other applications. Saudi Arabia granted an AI-based robot named Sophia citizenship, and the Shibuya Mirai robot was granted a residence permit by Japan. AI-based technology is used every day and has become a common thing in various parts of the world; however, in Indonesia, legal regulations regarding AI do not yet exist. As a result, a legal vacuum has emerged. When a loss occurs, responsibility can be borne by various parties ranging from consumers, producers, third parties (such as robot trainers or shipping couriers) to the robot itself. Which party will be determined responsible depends upon how a country positions AI. If Indonesia follows in Saudi Arabia's footsteps, then the responsibility will be borne by the AI robot as a citizen. The robot will have the right to sue and be sued, to get the same position before the law, including other rights and obligations, enjoyed by human citizens. Artificial intelligence law-making is a very complicated process and will involve many parties. How Indonesia positions AI is very crucial, particularly in the event of harm or danger caused by AI systems. Various frameworks and concepts can be used, ranging from equating artificial intelligence to living beings, such as humans, pets, or ordinary products to creating entirely new concepts for a legal framework regulating AI-based systems.
Keywords: Artificial Intelligence, Responsibility, AI Law.
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Khisamova, Zarina, und Ildar Begishev. „Criminal Liability and Artificial Intelligence: Theoretical and Applied Aspects“. Russian Journal of Criminology 13, Nr. 4 (23.08.2019): 564–74. http://dx.doi.org/10.17150/2500-4255.2019.13(4).564-574.
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The humanity is now at the threshold of a new era when a widening use of artificial intelligence (AI) will start a new industrial revolution. Its use inevitably leads to the problem of ethical choice, it gives rise to new legal issues that require urgent actions. The authors analyze the criminal law assessment of the actions of AI. Primarily, the still open issue of liability for the actions of AI that is capable of self-learning and makes a decision to act / not to act, which is qualified as a crime. As a result, there is a necessity to form a system of criminal law measures of counteracting crimes committed with the use of AI. It is shown that the application of AI could lead to four scenarios requiring criminal law regulation. It is stressed that there is a need for a clear, strict and effective definition of the ethical boundaries in the design, development, production, use and modification of AI. The authors argue that it should be recognized as a source of high risk. They specifically state that although the Criminal Code of the Russian Federation contains norms that determine liability for cybercrimes, it does not eliminate the possibility of prosecution for infringements committed with the use of AI under the general norms of punishment for various crimes. The authors also consider it possible to establish a system to standardize and certify the activities of designing AI and putting it into operation. Meanwhile, an autonomous AI that is capable of self-learning is considerably different from other phenomena and objects, and the situation with the liability of AI which independently decides to undertake an action qualified as a crime is much more complicated. The authors analyze the resolution of the European Parliament on the possibility of granting AI legal status and discuss its key principles and meaning. They pay special attention to the issue of recognizing AI as a legal personality. It is suggested that a legal fiction should be used as a technique, when a special legal personality of AI can be perceived as an unusual legal situation that is different from reality. It is believed that such a solution can eliminate a number of existing legal limitations which prevent active involvement of AI into the legal space.
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Grammatikov, Valentin V. „Problems of deformation of professional legal consciousness in modern Russia (as exemplified in advocacy)“. Revista Amazonia Investiga 9, Nr. 26 (21.02.2020): 254–62. http://dx.doi.org/10.34069/ai/2020.26.02.29.
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Purpose: The article aims to establish the causes of deformation of professional legal consciousness. The quality and level of development of legal consciousness of an advocate are determined by the degree of protection of human rights and freedoms, as well as by the state of legality and legal order. In view of the above, the fight against the manifestations of deformation of professional legal consciousness is an accute problem of building a legal and social state. Prevention and elimination of professional deformation of an advocate is impossible without establishing the reasons for its occurrence. Methods: The author relied on general methods of cognition, as well as such private scientific methods as structural and systemic, functional, comparative and legal, statistical, study of empirical material: disciplinary and law enforcement practices. Results: Some aspects of the nature of the deformation of legal consciousness of an advocate have been investigated, external and internal factors contributing to its appearance have been revealed, as well as the reasons for the formation of this negative phenomenon of legal reality, which have been implemented by example, including the advocacy. Conclusions: It is noted that circumstances leading to distortions in the professional legal consciousness affect representatives of the legal community equally or almost equally, but only a smaller proportion of them violate the requirements of legal norms and corporate ethics. A natural question arises as to the reasons why the said "anomalies" of the structure of legal consciousness arise in some cases and not in others. The following conclusion is grounded: the "trigger" of professional deformation of both an advocate and any other person is the degradation of the moral structure of the person - individually formed notions of conscience, shame, justice, the measure allowed and so on.
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Manko, Denys, Liydmyla Panova, Hanna Holovach, Viktoriia Kobko-Odarii und Liliya Radchenko. „The concept of soft law the role and legal technologies of influence on the legislation of states“. Revista Amazonia Investiga 10, Nr. 38 (12.04.2021): 158–67. http://dx.doi.org/10.34069/ai/2021.38.02.15.
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The study aims to establish the role of "soft law" as a tool of legal technology, its importance for the formation of the legal system within the regulation of various types of legal relations. The current pace of development of society requires a rapid response from the authorities to certain situations. Sometimes the settlement of certain legal relations by customary law is insufficient, as the range of such legal relations cannot be covered by national or international acts. In this case, it is advisable to follow the prescriptions of "soft law", which contain general ideas and principles that determine the main vectors of the settlement of legal relations. Besides, "soft law" serves the purpose of harmonization of the legal framework of different states, which results in the creation of related mechanisms of interaction. In the context of the desire for global cohesion, in particular, European integration, the definition of the impact and role of "soft law" on rule-making processes becomes especially important. The result of this work is to identify the importance of acts of "soft law" for the settlement of various legal relations at both national and international levels; the role of such acts in the implemented European integration policy; features of legal technologies within the application of "soft law" acts.
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Katulić, Tihomir. „Towards the Trustworthy AI“. Medijska istraživanja 26, Nr. 2 (25.01.2021): 9–28. http://dx.doi.org/10.22572/mi.26.2.1.
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After decades of theoretical deliberations, the rapid development of advanced information technology has allowed machine learning as a first practical step towards artificial intelligence to enter widespread commercial and government use. The transition into a post-industrial, information society has revealed the value of data as an important resource whose processing is the basis of the new innovative information society services. The European Union has enacted several important regulations and directives in the recent past to protect the recognized fundamental rights of individuals and to regulate the obligations of service providers to ensure safe and secure processing. The Charter of Fundamental Rights as the legal basis of the European system of human rights contains significant checks and limitations to the effect and purpose of future EU AI regulation. Whenever and however this regulation is adopted, it will need to comply with and contain existing European legal standards regarding the fundamental rights of individuals in the EU. The European Commission’s ethical guidelines establish ethical principles based on the recognized fundamental rights that future AI systems need to adhere to in order to be recognized as trustworthy. The purpose of this paper is to present and analyse the mechanisms present in existing European regulations in the fields of data protection and information security and in the European Union documents regarding the future artificial intelligence regulation and to offer suggestions for future regulations. The research methodology includes a comparative analysis of available regulations and policy documents of the European Union, national laws, legal literature, and other sources.
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Lafrance, Sébastien. „The Impact of Artificial Intelligence on the Formation and the Development of the Law“. Vietnamese Journal of Legal Sciences 2, Nr. 1 (01.09.2020): 1–15. http://dx.doi.org/10.2478/vjls-2020-0007.
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AbstractThis paper explores various impacts of artificial intelligence (“AI”) on the law, and the practice of law more specifically, for example the use of predictive tools. The author also examines some of the innovations but also limits of AI in the context of the legal profession as well as some ethical and legal issues raised by the use and evolution of AI in the legal area.
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Yara, Olena, Anatoliy Brazheyev, Liudmyla Golovko und Viktoriia Bashkatova. „Legal Regulation of the Use of Artificial Intelligence: Problems and Development Prospects“. European Journal of Sustainable Development 10, Nr. 1 (01.02.2021): 281. http://dx.doi.org/10.14207/ejsd.2021.v10n1p281.
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The article considers the advantages and disadvantages of using artificial intelligence (AI) in various areas of human activity. Particular attention was paid to the use of AI in the legal field. Prospects for the use of AI in the legal field were identified. The relevance of research on the legal regulation of the use of AI was proved. The use of AI raises an important problem of the compliance with general principles of ensuring human rights. Emphasis is placed on the need to develop and use a Code of ethics for artificial intelligence and legislation that would prevent its misapplication and minimize possible harmful consequences.
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Luts, Lyudmyla, Iryna Nastasiak, Catherine Karmazina und Stepan Kovbasiuk. „Prospects for the development of modern interstate legal systems in the context of globalization challenges“. Revista Amazonia Investiga 10, Nr. 40 (31.05.2021): 233–43. http://dx.doi.org/10.34069/ai/2021.40.04.23.
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Mankind is facing new civilizational problems (management of global processes, environmental safety, health care, etc.). A significant role in their solution is given to international organizations, interstate legal systems. Analysis of actions to solve global problems raises before legal science questions about the real capabilities of international organizations, interstate legal systems, their ability to adequately respond to globalization challenges, the need to clarify their role in the new reality, as well as their nature, form, and significance. This is a new model of interaction between states within the international system, which could ensure not only their cooperation but also integration through a new institutional mechanism and system of legal acts. The study uses universal and European international legal acts (in particular, sources of law) and other documents that offer a description of their nature, form, significance, ability to adequately respond to the globalization challenges of today. The main in the research process were: globalization approach, logical methods, general theoretical, sociological, comparative law, and international legal methodology. An analysis of the provisions of international, foreign, and Ukrainian legal science, sources of law, and legal practice revealed that modern international organizations arose in connection with the need to ensure the functioning of sovereign states and their cooperation. After the Second World War, those were formed that are designed to ensure closer cooperation based on universal and regional cooperation (United Nations, Council of Europe, European Union). New world order and interstate legal systems are being formed, which structure it. Their forms of integration are emerging, such as the legal system of the European Union. These systems have successfully fulfilled their role in streamlining the regional (European) and universal space. Although new globalization challenges of socio-economic, security, information, health, and environment necessitated the formation of a new model of interstate legal systems, which would ensure not only cooperation but also integration, through the creation of a new institutional mechanism and an effective system of legal acts.
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Dremliuga, Roman, Pavel Kuznetcov und Alexey Mamychev. „Criteria for Recognition of AI as a Legal Person“. Journal of Politics and Law 12, Nr. 3 (20.08.2019): 105. http://dx.doi.org/10.5539/jpl.v12n3p105.
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This question of AI legal personhood is mostly theoretical today. In article we try to generalize some common ways that existing in legal theory and practice. We analyze some cases of recognition of untypical legal persons as well enacted statements in Europe and USA. Readers will not find a detailed methodology in the paper, but rather a list of criteria that is helpful to make a decision on granting legal personhood.
Practices of European Union and the United States indicate that common approaches to the legal personality of some kinds of AI are already developed. Both countries are strongly against legal personhood of intellectual war machines. Liability for any damage of misbehavior of military AI is still on competence of military officers. In case of civil application of AI there are two options. AI could be as legal person or as an agent of business relations with other legal persons. Every legal person has to be recognized as such by society. All untypical legal persons have wide recognition of society. When considering the issue of introducing a new legal person into the legal system, legislators must take into account the rights of already existing subjects. Policy makers have to analyze how such legal innovation will comply with previous legal order, first of all how it will affect the fundamental rights and freedoms of the human beings. The legal personhood of androgenic robots that can imitate human behavior regarded in paper as a good solution to minimize illegal and immoral acts committed with their involvement. It would be a factor that keep people from taking action against robots very similar to people. Authors conclude that key factors would be how society will react to a new legal person, how changing of legal rules will affect legal system and why it is necessary. At least all new untypical legal persons are recognized by society, affects of the legal system in manageable way and brings definite benefits to state and society.
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Shevchuk, Oleksandr, Mykola Kucheryavenko, Svitlana Davydenko und Oleksandra Babaieva. „Implementation of the patient's right to obtain information in the concept “health and human rights”“. Revista Amazonia Investiga 9, Nr. 29 (18.05.2020): 288–96. http://dx.doi.org/10.34069/ai/2020.29.05.33.
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The article explores the features of legal regulation of patient’s right to access information in the medical activity field. The reasons for violation of saving of information about patient’s health are the lack of knowledge of law and no understanding the harm that caused if patient’s confidentiality is violated. The analysis of medical confidentiality content, lawful disclosure cases, the conditions and procedure for its legal support. Subjects who received information constituting a medical secret don`t have right to disclose it, legal liability is provided for such norms violation. The medical confidentiality concept and the group of subjects of such legal relations is established. The purpose of the article is to determine the peculiarities of realization of patients’ right to access information in the medical activity field and its protection ways when studying the “health and human rights” concept. Comparative legal and comparative methods were used when studying legislative acts governing the preservation by persons who received information constituting medical secrecy and legal cases of their disclosure. The formal logical method was used to differentiate “medical secret” and “professional secret”. Modeling, analysis and synthesis methods helped to identify the legal basis for protecting the patient`s rights when receiving information about their health, legal responsibility types for its disclosure. The results of this work have determined the legislation of legal problems that arise when patients’ rights to receive reliable information about their health aren`t respected and require immediate resolution.
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Intahchomphoo, Channarong, André Vellino, Odd Erik Gundersen, Christian Tschirhart und Eslam Shaaban. „References to Artificial Intelligence in Canada's Court Cases“. Legal Information Management 20, Nr. 1 (März 2020): 39–46. http://dx.doi.org/10.1017/s1472669620000080.
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AbstractArtificial intelligence (AI) is a widely discussed topic in many fields including law. Legal studies scholars, particularly in the domain of technology and internet law, have expressed their hopes and concerns regarding AI. This project aims to study how Canada's courts have referred to AI, given the importance of the reasonings of justices to the policy makers who determine society's rules for the usage of AI in the future. Decisions from all levels of both Canada's provincial and federal courts are used as the data sources for this research. The findings indicate that there are four legal contexts in which AI has been referred to in the Canadian caselaw including: legal research, investment tax credits, trademarks and access to government records. In this article the authors use these findings to make suggestions for legal information management professionals on how to develop collections and reference services that are in line with the new information needs of their users regarding AI and the rule of law.
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Odintsov, Stanislav, Marina Trubina und Mohammad Mansour. „Comparative legal analysis of protectability of olfactory trademarks“. Revista Amazonia Investiga 9, Nr. 27 (21.03.2020): 129–39. http://dx.doi.org/10.34069/ai/2020.27.03.13.
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In the current growing global commercial turnover of goods and services, there are increasing demands on the ways of their individualization. This applies both to traditional methods of individualization (corporate name, trademark, commercial designation, name of origin, etc.) and non-traditional (olfactory trademarks). The purpose of this study is to study and analyze doctrinal concepts, norms of the current legislation, and law enforcement practice concerning the protection of rights of olfactory trademarks. In order to achieve this objective, the study used a comparative legal method, which analyzed the legal and regulatory framework, as well as the grounds for refusing to register non-traditional trademarks in various legal systems and national jurisdictions. The task of the authors was to conduct a comprehensive study of legislative regulation and practice of legal protection of olfactory trademarks in various jurisdictions. The result of the research is the formulation of a general trend in different jurisdictions toward the legislation on registration of exclusive rights to non-traditional trademarks, which with the help of aromas (smells) allow individualizing the owners of goods produced by them and/or commercial services provided.
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Tchinaryan, Elena Olegovna, Alla Andreevna Neznamova, Georgyi Nickolaevich Kuleshov, Renata Romanovna Lenkovskaya und Pavel Valerievich Zhesterov. „Types of somatic rights and their legal regulation“. Revista Amazonia Investiga 9, Nr. 29 (18.05.2020): 116–23. http://dx.doi.org/10.34069/ai/2020.29.05.14.
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The article deals with topical issues of legal recognition of a new type of human rights – somatic rights as rights that appeared in connection with the rapid development of biomedical science. This has given rise to a number of difficulties since these rights are characterized by a purely personal nature and close relationship with the physiological nature of a person. The concept of bioethics is given as an emerging social institution, the meaning of which is to regulate conflicts arising in the field of new medical technologies, on the one hand, and directly with the individual and society on the other. The purpose of this article is to consider the main types of somatic rights, their characteristics and definition, as well as some normative legal acts on the regulation of this type of legal relations in Russia and abroad. Human rights are not a fixed category. Human rights standards have historically emerged, changed and developed in the process of development of society and statehood. Legal constructions characterizing a person as a subject of law with an inherent set of rights, duties, and freedoms were formed at each historical stage in the development of human rights and freedoms. The institute of human rights is in constant development, aimed at expanding the number of rights and freedoms, as well as improving existing ones. Currently, law enforcement agencies do not have the task of expanding existing rights and freedoms. An important point in the development of the last generation of the institute of human rights is to ensure and guarantee the protection of human and citizen. Human rights must be realized in accordance with modern ideas, the current level of development of society, the new challenges they face and the new requirements of democratic development. Theoretical approaches in the field of somatic rights classification, as well as international legal and national regulation of this problem, are investigated using the system, structural and functional methods.
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Brusakova, Oksana Valeriivna, Leonid Oleksandrovych Iemets, Anatolii Matviiovych Shulha und Anatolii Serhiiovych Kolotik. „Legal and Organizational-Technical Assurances of Aviation Security“. Revista Amazonia Investiga 9, Nr. 29 (18.05.2020): 542–49. http://dx.doi.org/10.34069/ai/2020.29.05.59.
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The purpose of this article is to: 1) determine the essence of the conceptual categories related to the assurances of aviation security; 2) establish the state of regulation of aviation security; 3) formulate proposals and recommendations to improve this sphere of activity. Preparing the article a systematic approach was used as a general scientific method, and such methods of scientific knowledge as dialectical, logical-symmetric, system-functional, method of documentary analysis and analytical one were used. The legal and organizational-technical assurances of aviation security are characterized. The author definitions of "aviation security", "aviation vehicle safety", "organizational-technical assurances of security" and "legal security assurances". Modern methods and means of proper compliance with the main components of aviation security in Ukraine and in the world are analyzed. The directions to improve the organizational-technical assurances of aviation security are determined. The most dangerous, according to the author, aviation threats have been identified, perspective directions to overcome them have been suggested. According to the results of the research, the following basic principles of the organization of work on flight safety management, which are aimed at ensuring of aviation security, are identified: systematic; proaction; collectivism; awareness; identifying and eliminating causes; adequacy; responsibility.
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Pagallo, Ugo. „Apples, oranges, robots: four misunderstandings in today's debate on the legal status of AI systems“. Philosophical Transactions of the Royal Society A: Mathematical, Physical and Engineering Sciences 376, Nr. 2133 (15.10.2018): 20180168. http://dx.doi.org/10.1098/rsta.2018.0168.
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Scholars have increasingly discussed the legal status(es) of robots and artificial intelligence (AI) systems over the past three decades; however, the 2017 resolution of the EU parliament on the ‘electronic personhood’ of AI robots has reignited and even made current debate ideological. Against this background, the aim of the paper is twofold. First, the intent is to show how often today's discussion on the legal status(es) of AI systems leads to different kinds of misunderstanding that regard both the legal personhood of AI robots and their status as accountable agents establishing rights and obligations in contracts and business law. Second, the paper claims that whether or not the legal status of AI systems as accountable agents in civil––as opposed to criminal––law may make sense is an empirical issue, which should not be ‘politicized’. Rather, a pragmatic approach seems preferable, as shown by methods of competitive federalism and legal experimentation. In the light of the classical distinction between primary rules and secondary rules of the law, examples of competitive federalism and legal experimentation aim to show how the secondary rules of the law can help us understanding what kind of primary rules we may wish for our AI robots. This article is part of the theme issue ‘Governing artificial intelligence: ethical, legal, and technical opportunities and challenges’.
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Goshev, Georgi. „The Transition to Democracy in Bulgaria: Much-Needed Reforms, Showed by AI-Approach, AI-Methodology and AI-Cognitive G-Space Architecture“. European Journal of Interdisciplinary Studies 2, Nr. 3 (30.08.2016): 80. http://dx.doi.org/10.26417/ejis.v2i3-80-91.
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In this paper we review the leading barrier to democratic change - societies' limited command of democratic principles and practices and the lack of built-in device in the authority for mechanisms of civil control in democratic rule of law. Main contribution of this work is the illustrative example of the capabilities developed by Goshev - Goshev AI-tools: AI-approach, AI-methodology and AI-cognitive G-space architecture to improve the legal and statutory mechanisms of power. Below are elaborated comprehensive measures focused on the success of the transition to democracy. These measures include: a. A complete overhaul of the status-quo in education in democracy. Particularly, the existing cursory, unsystematic, and primarily targeted to children and youth educational patch-work would be replaced by a structured, comprehensive and all-inclusive progressively graduated educational system b. An exhaustive reform of the legislative base. This reform would be more comprehensive and rigorous than reforms mandated as part of EU integration/membership. Specifically, the reform would involve development of logically complete and consistent context-specific designs of democratic legal systems and institutions, their testing and writing into legislation c. Development of mechanisms for permanent monitoring and improvement of the legal system and state governance. Mechanisms of such type would provide for early detection and swift rectification of practices inconsistent with the values and norms of democracy. Keywords: Ttransition to democracy; AI-approach; AI-methodology; and AI-cognitive G-space architecture
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Goshev, Georgi. „The Transition to Democracy in Bulgaria: Much-Needed Reforms, Showed by AI-Approach, AI-Methodology and AI-Cognitive G-Space Architecture“. European Journal of Interdisciplinary Studies 2, Nr. 3 (30.08.2016): 80. http://dx.doi.org/10.26417/ejis.v2i3.80-91.
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In this paper we review the leading barrier to democratic change - societies' limited command of democratic principles and practices and the lack of built-in device in the authority for mechanisms of civil control in democratic rule of law. Main contribution of this work is the illustrative example of the capabilities developed by Goshev - Goshev AI-tools: AI-approach, AI-methodology and AI-cognitive G-space architecture to improve the legal and statutory mechanisms of power. Below are elaborated comprehensive measures focused on the success of the transition to democracy. These measures include: a. A complete overhaul of the status-quo in education in democracy. Particularly, the existing cursory, unsystematic, and primarily targeted to children and youth educational patch-work would be replaced by a structured, comprehensive and all-inclusive progressively graduated educational system b. An exhaustive reform of the legislative base. This reform would be more comprehensive and rigorous than reforms mandated as part of EU integration/membership. Specifically, the reform would involve development of logically complete and consistent context-specific designs of democratic legal systems and institutions, their testing and writing into legislation c. Development of mechanisms for permanent monitoring and improvement of the legal system and state governance. Mechanisms of such type would provide for early detection and swift rectification of practices inconsistent with the values and norms of democracy. Keywords: Ttransition to democracy; AI-approach; AI-methodology; and AI-cognitive G-space architecture
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Goshev, Georgi. „The Transition to Democracy in Bulgaria: Much-Needed Reforms, Showed by AI-Approach, AI-Methodology and AI-Cognitive G-Space Architecture“. European Journal of Interdisciplinary Studies 2, Nr. 3 (30.08.2016): 80. http://dx.doi.org/10.26417/ejis.v2i3.p80-91.
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In this paper we review the leading barrier to democratic change - societies' limited command of democratic principles and practices and the lack of built-in device in the authority for mechanisms of civil control in democratic rule of law. Main contribution of this work is the illustrative example of the capabilities developed by Goshev - Goshev AI-tools: AI-approach, AI-methodology and AI-cognitive G-space architecture to improve the legal and statutory mechanisms of power. Below are elaborated comprehensive measures focused on the success of the transition to democracy. These measures include: a. A complete overhaul of the status-quo in education in democracy. Particularly, the existing cursory, unsystematic, and primarily targeted to children and youth educational patch-work would be replaced by a structured, comprehensive and all-inclusive progressively graduated educational system b. An exhaustive reform of the legislative base. This reform would be more comprehensive and rigorous than reforms mandated as part of EU integration/membership. Specifically, the reform would involve development of logically complete and consistent context-specific designs of democratic legal systems and institutions, their testing and writing into legislation c. Development of mechanisms for permanent monitoring and improvement of the legal system and state governance. Mechanisms of such type would provide for early detection and swift rectification of practices inconsistent with the values and norms of democracy. Keywords: Ttransition to democracy; AI-approach; AI-methodology; and AI-cognitive G-space architecture
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Goshev, Georgi. „The Transition to Democracy in Bulgaria: Much-Needed Reforms, Showed by AI-Approach, AI-Methodology and AI-Cognitive G-Space Architecture“. European Journal of Interdisciplinary Studies 5, Nr. 1 (30.08.2016): 80. http://dx.doi.org/10.26417/ejis.v5i1.p80-91.
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In this paper we review the leading barrier to democratic change - societies' limited command of democratic principles and practices and the lack of built-in device in the authority for mechanisms of civil control in democratic rule of law. Main contribution of this work is the illustrative example of the capabilities developed by Goshev - Goshev AI-tools: AI-approach, AI-methodology and AI-cognitive G-space architecture to improve the legal and statutory mechanisms of power. Below are elaborated comprehensive measures focused on the success of the transition to democracy. These measures include: a. A complete overhaul of the status-quo in education in democracy. Particularly, the existing cursory, unsystematic, and primarily targeted to children and youth educational patch-work would be replaced by a structured, comprehensive and all-inclusive progressively graduated educational system b. An exhaustive reform of the legislative base. This reform would be more comprehensive and rigorous than reforms mandated as part of EU integration/membership. Specifically, the reform would involve development of logically complete and consistent context-specific designs of democratic legal systems and institutions, their testing and writing into legislation c. Development of mechanisms for permanent monitoring and improvement of the legal system and state governance. Mechanisms of such type would provide for early detection and swift rectification of practices inconsistent with the values and norms of democracy. Keywords: Ttransition to democracy; AI-approach; AI-methodology; and AI-cognitive G-space architecture
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Jongmo Yang. „Some Legal Considerations of the AI Chatbot Algorithm“. Journal of hongik law review 21, Nr. 1 (Februar 2020): 449–82. http://dx.doi.org/10.16960/jhlr.21.1.202002.449.
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Younghoa Son. „Legal Issues in the Artificial Intelligence(AI) Era“. Journal of Law and Politics research 16, Nr. 4 (Dezember 2016): 305–29. http://dx.doi.org/10.17926/kaolp.2016.16.4.305.
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Tung, Kenneth. „AI, the internet of legal things, and lawyers“. Journal of Management Analytics 6, Nr. 4 (02.10.2019): 390–403. http://dx.doi.org/10.1080/23270012.2019.1671242.
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Fernández-Martínez, Carmen, und Alberto Fernández. „AI and recruiting software: Ethical and legal implications“. Paladyn, Journal of Behavioral Robotics 11, Nr. 1 (28.05.2020): 199–216. http://dx.doi.org/10.1515/pjbr-2020-0030.
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AbstractIn this article, we examine the state-of-the-art and current applications of artificial intelligence (AI), specifically for human resources (HR). We study whether, due to the experimental state of the algorithms used and the nature of training and test samples, a further control and auditing in the research community is necessary to guarantee fair and accurate results. In particular, we identify the positive and negative consequences of the usage of video-interview analysis via AI in recruiting processes as well as the main machine learning techniques used and their degrees of efficiency. We focus on some controversial characteristics that could lead to ethical and legal consequences for candidates, companies and states regarding discrimination in the job market (e.g. gender and race). There is a lack of regulation and a need for external and neutral auditing for the type of analyses done in interviews. We present a multi-agent architecture that aims at total legal compliance and more effective HR processes management.
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Theodorou, Andreas, und Virginia Dignum. „Towards ethical and socio-legal governance in AI“. Nature Machine Intelligence 2, Nr. 1 (Januar 2020): 10–12. http://dx.doi.org/10.1038/s42256-019-0136-y.
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Stöger, Karl, David Schneeberger, Peter Kieseberg und Andreas Holzinger. „Legal aspects of data cleansing in medical AI“. Computer Law & Security Review 42 (September 2021): 105587. http://dx.doi.org/10.1016/j.clsr.2021.105587.
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Shevchuk, Oleksandr, Volodymyr Harashchuk, Igor Protsiuk, Sergii Mokhonchuk und Kseniia Naumova. „Reproductive health and human rights: concept, features and classification“. Revista Amazonia Investiga 9, Nr. 29 (18.05.2020): 550–57. http://dx.doi.org/10.34069/ai/2020.29.05.60.
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The article explores the features of reproductive health legal regulation in Ukraine. The concept of “reproductive rights” is proposed, their basic principles are revealed, elements of the system of such human rights and criteria for their classification are introduced. Legal norms don`t fully provide opportunities for individuals` reproductive rights realization and preservation of their reproductive health. The purpose of the article is to disclose the features of legal regulation of reproductive rights implementation when studying the concepts of “health and human rights” and “the concept of reproductive rights”. The methodology of this research is based on use of general scientific and special cognitical methods. Comparative legal and comparative methods have allowed studying of laws governing the human right to access “assisted reproductive technologies”. The formal logical method was used to differentiate the criteria for distinguishing between legal structures “reproductive health”, “protection of reproductive health” and “reproductive rights”. The modeling, analysis and synthesis methods made it possible to identify the legal basis for human rights protection in reproductive health field, the principles for reproductive rights implementation, the reproductive rights system and their classification, and deficiencies in legal regulation. The results of this work allowed us to identify the legal problems of legislation that arise in the reproductive human rights implementation. It was proposed the adoption of a single legislative act in Ukraine, which would comprehensively regulate the reproductive health protection, consolidate reproductive human rights and provide guarantees for their implementation.
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Abdul Manap, Nazura, und Azrol Abdullah. „REGULATING ARTIFICIAL INTELLIGENCE IN MALAYSIA: THE TWO-TIER APPROACH“. UUM Journal of Legal Studies 11 (31.07.2020): 183–201. http://dx.doi.org/10.32890/uumjls.11.2.2020.8779.
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Artificial Intelligence (AI) has been developed under the field of computer science for more than 50 years. AI somehow only gains its prominence in the recent millennia when the necessary tools to test the hypothesis on nature of thought became available. Unfortunately, the absence of legal regulation on AI has caused AI to exist in a regulatory vacuum and nature abhors vacuum. The law is at the state of confusion about who shall be blameworthy for the damage caused by AI. The prevalence of this problem triggers for the expatiation of this review article in defining the scope of AI that must be regulated. The objective of this article is to suggest that AI with certain capabilities must be placed in the legal realm. This article will first begin by highlighting the problems associated with AI before directing the focus of the discussion to the various reasons that justify for AI to be regulated. This article will then explore the various approaches which can be adopted by government in regulating AI. These approaches can be a workable formula to procure the two-tier methods in regulating AI in Malaysia. The methodology devised for this article is based on doctrinal research where most of the materials are derived from text books, online resources and established academic databases. The findings made in this article suggest that AI must be regulated independently from the existing legal framework. Reason being, AI capabilities are unique in its own sense and therefore cannot be treated like other previous technologies. The outcome of this article will also able to contribute on issues relating to the legal liability of AI in Malaysia.
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Stepanenko, Oksana, Andriy Stepanenko und Alik Israielian. „Reconciliation of the Parties as a Way to Solve the Criminal-Legal Conflict“. Revista Amazonia Investiga 9, Nr. 28 (21.04.2020): 288–95. http://dx.doi.org/10.34069/ai/2020.28.04.32.
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The article explores the problem of resolving a criminal-legal conflict (which involves a person who has committed a socially dangerous act) through reconciliation. The relevance of the research topic is due to the fact that the legal conflict requires a binding solution, as it affects the most important social values. The purpose of this article is to disclose the nature and importance of reconciliation as a way of resolving a criminal-legal conflict. The authors used an analysis method, a synthesis method, a logical method, a historical method, and a formal legal method to write this article. According to the results of the study, the authors concluded that the application of criminal liability for reconciliation of the perpetrator with the victim is effective for all parties to the criminal-legal conflict. Moreover, for the state as a party to the criminal-legal conflict, such a way of resolving, is also effective because of the fact that the achievement of the tasks of criminal responsibility with the minimum cost of resources is the restoration of the rights of the victim.
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Nersessian, David, und Ruben Mancha. „From Automation to Autonomy: Legal and Ethical Responsibility Gaps in Artificial Intelligence Innovation“. Michigan Technology Law Review, Nr. 27.1 (2021): 55. http://dx.doi.org/10.36645/mtlr.27.1.from.
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The increasing prominence of artificial intelligence (AI) systems in daily life and the evolving capacity of these systems to process data and act without human input raise important legal and ethical concerns. This article identifies three primary AI actors in the value chain (innovators, providers, and users) and three primary types of AI (automation, augmentation, and autonomy). It then considers responsibility in AI innovation from two perspectives: (i) strict liability claims arising out of the development, commercialization, and use of products with built-in AI capabilities (designated herein as “AI artifacts”); and (ii) an original research study on the ethical practices of developers and managers creating AI systems and AI artifacts. The ethical perspective is important because, at the moment, the law is poised to fall behind technological reality—if it hasn’t already. Consideration of the liability issues in tandem with ethical perspectives yields a more nuanced assessment of the likely consequences and adverse impacts of AI innovation. Companies should consider both legal and ethical strategies thinking about their own liability and ways to limit it, as well as policymakers considering AI regulation ex ante.