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Artificial intelligence: From ethics to law

Margarita Robles Carrillo
Abstract:
AI is the subject of a wide-ranging debate in which there is a growing concern about its ethical and legal aspects. Frequently, the two are mixed and confused despite being different issues and areas of knowledge. The ethical debate raises two main problems: the first, conceptual, relates to the idea and content of ethics; the second, functional, concerns its relationship with law. Both establish models of social behaviour, but they are different in scope and nature. The juridical analysis is based on a non-formalistic scientific methodology. This means that it is necessary to consider the nature and characteristics of the AI as a preliminary step to the definition of its legal paradigm. In this regard, there are two main issues: the relationship between artificial and human intelligence and the question of the unitary or diverse nature of the AI. From that theoretical and practical basis, the study of the legal system is carried out by examining its foundations, the governance model and the regulatory bases. According to this analysis, throughout the work and in the conclusions, International Law is identified as the principal legal framework for the regulation of AI.
Research areas:
Year:
2020
Type of Publication:
Article
Journal:
Telecommunications Policy
Volume:
44
Pages:
1-16
Month:
March
ISSN:
????-????
DOI:
https://doi.org/10.1016/j.telpol.2020.101937
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