نوع مقاله : مقاله پژوهشی
نویسندگان
1 کارشناسی ارشد، گروه حقوق و جزا، دانشکده حقوق، جامعه المصطفی العالمیه؛ سطح چهار حوزه علمیه قم؛ پژوهشگر مرکز تخصصی ائمه اطهار(ع)، قم، ایران
2 دکتری، گروه فلسفه و کلام، دانشکده فلسفه و اخلاق، دانشگاه باقرالعلوم(ع)، قم، ایران
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
The use of various types of artificial intelligence has become very common in this era. The importance of discussing artificial intelligence lies in the fact that its various forms have the potential to cause damage to individuals and their property. Artificial intelligence can certainly perform actions and behaviors similar to humans, which is weak artificial intelligence, and in this feature, it does not differ from humans. However, whether artificial intelligence is also like humans esp.in awareness and personhood, is an issue which still remains under discussion and consideration among researchers in the field of artificial intelligence. Therefore, it is necessary to examine the possibility of legal liability of weak and strong artificial intelligence regarding damages caused, considering the jurisprudential-legal methodology. It is necessary to investigate the reality of artificial intelligence (weak artificial intelligence, instrumental view; strong artificial intelligence, independent view). Since artificial intelligence, even assuming an independent view, is not legally mature, it will not meet the condition for criminal liability; because in addition to "reason," "maturity" it is also one of the conditions for criminal liability. "Ownership" can be attributed to artificial intelligence assuming an independent view of it; because the criterion for ownership is being a person, and artificial intelligence, in this assumption, is considered as a person. However, such artificial intelligence has not been realized either in theory or in practice. In the instrumental view, since artificial intelligence does not have will and independence of its own and is merely a tool, the guarantor in all possible scenarios is the causer of the crime, and not the artificial intelligence itself.
کلیدواژه‌ها [English]
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