Investigating the possibility of legal responsibility of weak and strong artificial intelligence according to the damages caused by it

Articles in Press

Document Type : Original Article

Authors

1 Department of Philosophy and Theology, Faculty of Philosophy and Ethics, Bagheral Uloom University, peace be upon her.

2 Graduated with a master's degree in law and penal law from the Faculty of Law of Al-Mustafa Al-Alamiya Community, the fourth level of Qom Seminary.

10.22081/phlq.2024.69711.1070

Abstract

The use of different types of artificial intelligence has become very popular in this era. The importance of discussing artificial intelligence is that its different types have the ability to harm people and their property. Artificial intelligence can definitely perform human-like actions and behaviors, which is weak artificial intelligence and is no different from humans in this feature. However, whether artificial intelligence is the same as humans in terms of consciousness and personality is an issue that is still debated among researchers in the field of artificial intelligence. Therefore, it is necessary to examine the possibility of legal responsibility of weak and strong artificial intelligence with regard to the damages caused by it. It is necessary to investigate the truth of artificial intelligence (weak artificial intelligence, instrumental view - strong artificial intelligence, independent view). Since artificial intelligence is not mature, even if we look at it independently, therefore it will not have the condition of criminal guarantee, because one of the conditions of criminal guarantee is "intelligence" as well as "maturity". "Ownership" can be attributed to artificial intelligence in the assumption of an independent view, because the criterion is the property of a person, and in this assumption, artificial intelligence is a person. But such artificial intelligence has not been realized either in theory or in practice. In the view of a tool, such as artificial intelligence, it has no will and independence of itself, and is merely a tool, the guarantor in all possible assumptions, is the cause of the crime, not artificial intelligence. The innovation of this research is considering the two general approaches of weak and strong artificial intelligence, in examining the possibility of legal responsibility for damages caused by weak and strong artificial intelligence. This research investigates the main problem with analytical-descriptive method.

Keywords

Journal of Philosophy of Law

Articles in Press, Accepted Manuscript
Available Online from 22 November 2024

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History

  • Receive Date: 14 August 2024
  • Revise Date: 11 September 2024
  • Accept Date: 22 November 2024

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