<span>This book provides a set of proposals for the new conceptual network required in order to establish civil law rules for a world permeated by Artificial Intelligence. These proposals are intended by their authors to push the debate on the new civil law forward. In spite of the natural conservat
Toward a Conceptual Network for the Private Law of Artificial Intelligence
β Scribed by PaweΕ KsiΔΕΌak, Sylwia Wojtczak
- Publisher
- Springer
- Year
- 2023
- Tongue
- English
- Leaves
- 299
- Series
- Law, Governance and Technology Series
- Edition
- 1
- Category
- Library
No coin nor oath required. For personal study only.
β¦ Synopsis
This book provides a set of proposals for the new conceptual network required in order to establish civil law rules for a world permeated by Artificial Intelligence. These proposals are intended by their authors to push the debate on the new civil law forward. In spite of the natural conservatism of jurists, some innovative or even futuristic ideas are called for, also because the future, even this not-so-distant one, is difficult to foresee. Paradoxically, and unlike in the past, this lack of knowledge must not stop us from planning. If it does, humankind may, as some pessimists already claim, lose its chance to win the battle for control of the world.
The rise and expansion of Artificial Intelligence and robotics in recent years has highlighted a pressing need to create a suitable legal framework for this new phenomenon. The debate on the subject, although wide-ranging and involving many new legal documents, is still quite general and preliminary in nature, although these preparatory works illustrate the very real need to develop appropriate new civil law arrangements. It is exactly the branch of private law where the necessity of these new rules appears to be the most imperative. Autonomous vehicles, medical robots, and expertise software raise fundamental questions on aspects of civil liability such as culpability; whereas the growth in popularity of automated, intelligent software systems for concluding contracts requires a new approach to many fundamental and deeply rooted elements of contract law, e.g. consciousness, intent, error, deception, interpretation of contracts and good faith. Ruling on these specific matters demands the identification and clarification of certain key points, which shall become the foundation for constructing AI/robot civil law.
β¦ Table of Contents
Contents
Chapter 1: Introduction: Is a New Conceptual Network Necessary to Adapt the Civil (Private) Law to the Development of AI and R...
References
Books and Articles
Documents
Chapter 2: Artificial Intelligence and Legal Subjectivity
2.1 Introduction
2.2 Alleged Hierarchy: (AI?), Human Beings, (AI?), Juristic Persons, (AI?), Animals
2.3 Sentience and Reason
2.4 Presence/Participation in Social Life
2.5 Legal Subjectivity as a Social Fact
2.6 Does AI Participate or Is Present in Social Life?
2.7 Should AI Be Endowed with Legal Subjectivity?
2.8 What Form of Legal Subjectivity Should AI Have? Electronic Persons, Synthetic Persons Etc.
References
Books and Articles
Documents
Online Sources
Chapter 3: Will and Discernment
3.1 Introduction
3.2 Free Will and Discernment of AI?
3.2.1 Free Will
3.2.2 Discernment
References
Books and Articles
Documents
Online Sources
Chapter 4: Capacity for Juridical Acts
4.1 Introduction
4.2 Capacity for Juridical Acts of AI: Theoretical and Legal Bases
4.3 A Legal Capacity of AI and Its Capacity for Juridical Acts as a Function of Registration
4.4 Capacity for Juridical Acts by a Human User of AI
4.5 Capacity for Juridical Acts by the Juridical Person Using the AI
References
Books and Articles
Documents
Chapter 5: Consent
5.1 Introduction
5.2 Attributability
5.2.1 The Construct
5.2.2 Exceeding the Scope of Authorization
5.2.3 Acting Outside Registration
5.2.4 Acting as a Legal PersonΒ΄s Body
5.2.5 AI-Representative Acting in Its Own Name
5.3 AIΒ΄s Intent and Declaration of Intent
5.4 Contracts A2A (AI-to-AI)
5.5 Defects in the Declaration of Intent. Vitiated Consent or Intention
5.5.1 The Concept
5.5.2 Mistake and Fraud
5.5.3 Threats
5.5.4 Unfair Exploitation
References
Books and Articles
Documents
Chapter 6: Personal Interests of AI
6.1 Introduction
6.2 The Possible Types of Personal Interests of AI
6.2.1 Existence and Procreation
6.2.2 Personal Interests Related to Consciousness, Emotions and Embodiment
6.2.2.1 Freedom
6.2.2.2 Privacy
6.2.2.3 The Confidentiality of Correspondence
6.2.3 Personal Interests Implied by Social Relations: Identity and Reputation
6.3 Personal Interests of AI After Its ``Death´´
References
Books and Articles
Documents
Chapter 7: Copyright
7.1 Introduction
7.2 The Work: The Founding Category of Copyright
7.3 AI and the Work. Existing Concepts
7.4 AI as an Author
7.5 The Proposal
References
Books and Articles
Documents
Chapter 8: Property
8.1 Introduction
8.2 AI as an Owner of Property
8.3 AI as Property
8.4 The Will of AI Versus the Will of the Owner
8.5 AI as a Subject of Joint Ownership
8.5.1 Shared AI in the Household
8.5.2 Joint AI in a Company
8.6 AI as a Household and Family Member
8.7 AI as a Possessor of Property
8.8 AI as an Owner of AI
8.9 Succession of Rights of AI
8.10 The UserΒ΄s Death and the Succession of the Personalized AI
References
Books and Articles
Documents
Chapter 9: Contract
9.1 Introduction
9.2 Adequacy of Basic Principles
9.2.1 Freedom of Contract
9.2.2 Freedom of Form
9.2.3 Pacta Sunt Servanda
9.2.4 Subjective Circumstances on the Part of AI
9.3 Interpretation of Contracts Involving AI
9.3.1 The Conclusion of the Contract by AI as a Circumstance Affecting the Interpretation of the Contract
9.3.2 The Language of the Contract. In Dubio Contra AI
9.3.3 AI as a Dominant Player in the Negotiations
9.4 Due Diligence in Contracts Involving AI
9.5 Performance of Contracts by AI
9.6 Information Obligation
References
Books and Articles
Documents
Chapter 10: Abuse of Right
10.1 Introduction
10.2 Abuse of Rights in the Context of the Principle of Respect for Human Autonomy
10.3 The Abuse of Rights in the Context of Prevention of Harm
10.4 Intellectual Advantage as an Abuse of Right?
10.5 Tacit Collusion
10.6 Conclusions
References
Books and Articles
Documents
Chapter 11: Liability of AI
11.1 Introduction
11.2 Basic Concepts
11.3 Legally-Relevant Damage Caused by AI
11.4 Causation
11.5 Negligence: Standard of Conduct (Reasonable Care, Due Diligence and so on)-The Novelty for AI or Also for Humans?
11.6 Culpability of AI
11.6.1 Legal Culpability for AI: Why Is It Needed?
11.6.2 Legal Culpability: The Concept Representing Physical Fact or Social Fact? Is It Possible for AI to be Culpable?
11.6.3 Legal Culpability: The Unified Concept, Radial Concept, or Many Concepts? Is It Possible at All to Cognize the Culpabil...
11.6.4 Legal Culpability: An Autonomous or Relational Concept? How to Assess the Legal Culpability of an AI?
References
Books and Articles
Documents
Chapter 12: Conclusions
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