scholarly journals Deconstruction of the legal personhood of artificial intelligence

2021 ◽  
Vol 2 (2) ◽  
pp. 14-30
Author(s):  
S. K. Stepanov
Keyword(s):  
Artificial Intelligence ◽  
Flexible Approach ◽  
Historical Method ◽  
Legal Personhood ◽  
Legal Structures ◽  
The Will ◽  
Will Theory ◽  
Definition Of ◽  
Evolution Of Ideas

Calls to rethink the content of “legal personhood” are increasingly being heard at the present time: to recognize animals, artificial intelligence, etc. as a subject. There are several explanations for this: firstly, a change in ideas about a person and their position in society, and secondly, attempts to rethink the traditional categories of law. Throughout long periods of history, the definition of legal personhood depended on the definition of subjective right; the subjective right was associated with the legally significant will of the person. Consequently, a change in views on the will theory of subjective right inevitably lead to a revision of the content of the person. The main purpose of this article is to determine the essence of the legal personhood. To do this, using the historical method, the evolution of ideas about the legal personhood is revealed. It is argued that Hohfeld’s approach to understanding subjective-legal structures made it possible to look differently at the content of the category of legal personhood: it became possible to recognize animals or artificial intelligence as the owners of various subjective-legal categories. Nevertheless, the logic of modern commentators, as well as supporters of such a flexible approach to the definition of legal personhood, is not free from shortcomings. Using the method of analytical jurisprudence, the author demonstrates the emerging problems.

Historical Experience of Criminalization: to the Centenary of the Guiding Principles on Criminal Law of the RSFSR

2019 ◽  
pp. 31-35
Author(s):  
Ivan Kozachenko
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Historical Experience ◽  
Law System ◽  
Political Situation ◽  
Historical Method ◽  
Advantages And Disadvantages ◽  
Concept Planning ◽  
Guiding Principles ◽  
Definition Of

The creation of the Guiding Principles on the Criminal Law of the RSFSR of 1919 is studied taking into account extremely complicated internal and external political situation in the country at the beginning of the twentieth century. Using the methods of analysis, synthesis, as well as comparative and historical method, the author determines the significance of the Guiding Principles in the law system of the young Soviet state. Some key norms of the document are examined. In particular, the definition of criminal law is analyzed and its advantages and disadvantages are identified. It is noted that the definition of a crime was formulated too broadly, and more significant steps in criminalization of different acts were made with the adoption of the RSFSR Criminal Code of 1922. It is indicated which persons were not punished according to the Guidelines. Attention is drawn to the way in which such a method of protection as necessary defense was set forth in this act. The Guiding Principles are not without certain disadvantages: for example, the institution of complicity is not sufficiently disclosed, there is lexical redundancy in the definition of the concept «planning the offence». However, the discrepancies between the main provisions covered in the Guidelines are explainable and excusable, taking into account the historical situation at the time of their adoption. The analyzed document became the basis for Russian criminal law, and some of its provisions are still relevant.

Attitudes of Medical Workers Toward Artificial Intelligence in Ophthalmology: A Comparative Survey (Preprint)

2020 ◽  
Author(s):  
Weihua Yang ◽  
Bo Zheng ◽  
Maonian Wu ◽  
Shaojun Zhu ◽  
Hongxia Zhou ◽  
...  
Keyword(s):  
Artificial Intelligence ◽  
Medical Ethics ◽  
Online Survey ◽  
Medical Professionals ◽  
Medical Field ◽  
Acceptance Level ◽  
Professional Workers ◽  
Basic Understanding ◽  
Comparative Survey ◽  
Definition Of

BACKGROUND Artificial intelligence (AI) is widely applied in the medical field, especially in ophthalmology. In the development of ophthalmic artificial intelligence, some problems worthy of attention have gradually emerged, among which the ophthalmic AI-related recognition issues are particularly prominent. That is to say, currently, there is a lack of research into people's familiarity with and their attitudes toward ophthalmic AI. OBJECTIVE This survey aims to assess medical workers’ and other professional technicians’ familiarity with AI, as well as their attitudes toward and concerns of ophthalmic AI. METHODS An electronic questionnaire was designed through the Questionnaire Star APP, an online survey software and questionnaire tool, and was sent to relevant professional workers through Wechat, China’s version of Facebook or WhatsApp. The participation was based on a voluntary and anonymous principle. The questionnaire mainly consisted of four parts, namely the participant’s background, the participant's basic understanding of AI, the participant's attitude toward AI, and the participant's concerns about AI. A total of 562 participants were counted, with 562 valid questionnaires returned. The results of the questionnaires are displayed in an Excel 2003 form. RESULTS A total of 562 professional workers completed the questionnaire, of whom 291 were medical workers and 271 were other professional technicians. About 37.9% of the participants understood AI, and 31.67% understood ophthalmic AI. The percentages of people who understood ophthalmic AI among medical workers and other professional technicians were about 42.61% and 15.6%, respectively. About 66.01% of the participants thought that ophthalmic AI would partly replace doctors, with about 59.07% still having a relatively high acceptance level of ophthalmic AI. Meanwhile, among those with ophthalmic AI application experiences (30.6%), respectively about 84.25% of medical professionals and 73.33% of other professional technicians held a full acceptance attitude toward ophthalmic AI. The participants expressed concerns that ophthalmic AI might bring about issues such as the unclear definition of medical responsibilities, the difficulty of ensuring service quality, and the medical ethics risks. And among the medical workers and other professional technicians who understood ophthalmic AI, 98.39%, and 95.24%, respectively, said that there was a need to increase the study of medical ethics issues in the ophthalmic AI field. CONCLUSIONS Analysis of the questionnaire results shows that the medical workers have a higher understanding level of ophthalmic AI than other professional technicians, making it necessary to popularize ophthalmic AI education among other professional technicians. Most of the participants did not have any experience in ophthalmic AI, but generally had a relatively high acceptance level of ophthalmic AI, believing that doctors would partly be replaced by it and that there was a need to strengthen research into medical ethics issues of the field.

Introduction

2017 ◽  
Author(s):  
Matthew Walker
Keyword(s):  
Seventeenth Century ◽  
Intellectual History ◽  
Formative Period ◽  
Classical Architecture ◽  
Historical Method ◽  
Definition Of ◽  
Architectural Knowledge

The Introduction uses a major source from the beginning of the period—Sir Christopher Wren’s Letter from Paris of 1665—to introduce the key themes of the book. In particular, the Introduction discusses the recourse to an intellectual-historical method in order to rethink major themes in English architectural culture at the time. It also explains the makeup of architectural knowledge in the period and justifies the book’s focus on aesthetic knowledge rather than practical. Finally, it uses seventeenth-century sources to formulate an appropriate definition of classical architecture (on which this book is exclusively focused). The Introduction concludes with a summary of the ensuing chapters and a proposition that architecture was among the most serious and important of all intellectual pursuits in a formative period in English intellectual history.

Europe

2020 ◽  
pp. 649-666
Author(s):  
Andrea Renda
Keyword(s):  
Artificial Intelligence ◽  
Digital Technology ◽  
Policy Framework ◽  
Expert Group ◽  
Ethical Guidelines ◽  
Ethical Implications ◽  
Strong Focus ◽  
Ethics Guidelines ◽  
Definition Of ◽  
High Level

This chapter assesses Europe’s efforts in developing a full-fledged strategy on the human and ethical implications of artificial intelligence (AI). The strong focus on ethics in the European Union’s AI strategy should be seen in the context of an overall strategy that aims at protecting citizens and civil society from abuses of digital technology but also as part of a competitiveness-oriented strategy aimed at raising the standards for access to Europe’s wealthy Single Market. In this context, one of the most peculiar steps in the European Union’s strategy was the creation of an independent High-Level Expert Group on AI (AI HLEG), accompanied by the launch of an AI Alliance, which quickly attracted several hundred participants. The AI HLEG, a multistakeholder group including fifty-two experts, was tasked with the definition of Ethics Guidelines as well as with the formulation of “Policy and Investment Recommendations.” With the advice of the AI HLEG, the European Commission put forward ethical guidelines for Trustworthy AI—which are now paving the way for a comprehensive, risk-based policy framework.

scholarly journals Group Agency and Artificial Intelligence

2021 ◽  
Author(s):  
Christian List
Keyword(s):  
Artificial Intelligence ◽  
Moral Status ◽  
Intelligent Systems ◽  
Group Agency ◽  
High Stakes ◽  
Moral Agents ◽  
Legal Personhood ◽  
The Social ◽  
Intentional Agents ◽  
Regulatory Challenges

AbstractThe aim of this exploratory paper is to review an under-appreciated parallel between group agency and artificial intelligence. As both phenomena involve non-human goal-directed agents that can make a difference to the social world, they raise some similar moral and regulatory challenges, which require us to rethink some of our anthropocentric moral assumptions. Are humans always responsible for those entities’ actions, or could the entities bear responsibility themselves? Could the entities engage in normative reasoning? Could they even have rights and a moral status? I will tentatively defend the (increasingly widely held) view that, under certain conditions, artificial intelligent systems, like corporate entities, might qualify as responsible moral agents and as holders of limited rights and legal personhood. I will further suggest that regulators should permit the use of autonomous artificial systems in high-stakes settings only if they are engineered to function as moral (not just intentional) agents and/or there is some liability-transfer arrangement in place. I will finally raise the possibility that if artificial systems ever became phenomenally conscious, there might be a case for extending a stronger moral status to them, but argue that, as of now, this remains very hypothetical.

Defining and conceptualizing news literacy

Journalism ◽  
2021 ◽  
pp. 146488492110058
Author(s):  
Melissa Tully ◽  
Adam Maksl ◽  
Seth Ashley ◽  
Emily K Vraga ◽  
Stephanie Craft
Keyword(s):  
Mass Communication ◽  
Empirical Testing ◽  
News Production ◽  
Knowledge And Skills ◽  
Flexible Approach ◽  
Production Distribution ◽  
News Literacy ◽  
Definition Of

Interest in news literacy inside and outside the academy has grown alongside related concerns about the quality of news and information available. Attempts to fully define, explicate and operationalize news literacy, however, are scattered. Drawing on literature across journalism and mass communication, we propose a definition of news literacy that combines knowledge of news production, distribution and consumption with skills that help audiences assert control over their relationship with news. We propose that knowledge and skills should be conceptualized across five domains: context, creation, content, circulation and consumption. This explication offers a clear, concise and cohesive path for research about news literacy, especially empirical testing to evaluate news literacy and its effectiveness in contributing to relevant behaviours. This framework also offers a consistent, yet flexible, approach to measuring news literacy across diverse contexts.

Recht und Pflicht – Einschränkungen von Freiheit?

2021 ◽  
Vol 69 (1) ◽  
pp. 98-113
Author(s):  
Klaus Vieweg
Keyword(s):  
Free Will ◽  
The State ◽  
Individual Rights ◽  
Right To Life ◽  
Emergency Situations ◽  
The Will ◽  
Definition Of ◽  
The Right

Abstract Can one speak philosophically of a justified limitation of freedom? Hegel’s logically founded definition of free will and his understanding of right and duty can contribute to a clarification of the concept of freedom. Important is a precise differentiation between freedom and caprice (Willkür) – the latter being a necessary but one-sided element of the free will. In caprice, the will is not yet in the form of reason. Rational rights and duties are not a restriction of freedom. Insofar as individual rights can collide (e. g. in emergency situations), there can be a temporary and proportionate restriction of certain rights in favour of higher rights, such as the right to life. Dictatorships are instances of capricious rule which restrict freedom; the rationally designed state, by contrast, restricts only caprice. What is tobe defined are the duties and the rights of the state and the duties and the rights of the citizens.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

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