Legal Dispositionism and Artificially-Intelligent Attributions
Forthcoming, Legal Studies
Singapore Management University School of Law Research Paper
46 Pages Posted: 4 Jan 2023 Last revised: 21 Mar 2023
Date Written: November 26, 2022
Abstract
It is conventionally argued that because an artificially-intelligent (AI) system acts autonomously, its makers cannot easily be held liable should the system’s actions harm. Since the system cannot be liable on its own account either, existing laws expose victims to accountability gaps and require reform. Recent legal instruments have nonetheless established obligations against AI developers and providers. Drawing on attribution theory, this article examines how these seemingly opposing positions are shaped by the ways in which AI systems are conceptualised. Specifically, folk dispositionism underpins conventional legal discourse on AI liability, personality, publications, and inventions and leads us towards problematic legal outcomes. Examining the technology and terminology driving contemporary AI systems, the article contends that AI systems are better conceptualised instead as situational characters whose actions remain constrained by their programming. Properly viewing AI systems as such illuminates how existing legal doctrines could be sensibly applied to AI and reinforces emerging calls for placing greater scrutiny on the broader AI ecosystem.
Keywords: Artificial intelligence, autonomous systems, attribution theory, law and technology, law and psychology
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