A Jurisprudential Examination of Civil Liability in Artificial Intelligence Technology

Abstract

The expansion of modern technologies and the consequent legal challenges necessitate aligning regulations with these domains. One such instance is artificial intelligence (AI) technology. Establishing a clear and coherent civil liability framework for AI is of social and economic significance. National laws adopt diverse approaches to addressing AI-related challenges. The research methodology is descriptive-analytical, utilizing legal material analysis and legal interpretative methods. Given the broad concepts arising from the social nature of the subject, substantial efforts have been made. Topics akin to legal concepts are explained and legally articulated. The aim of equality for all before the law necessitates a library-based research approach without sampling. Ensuring that society as a whole benefits from social provisions and finding necessary solutions fosters motivation and diligence for further studies aimed at providing scientific and legal answers. The foundational principle that can justify civil liability in robotic actions is the "principle of respect," which, compared to other bases of civil liability, encounters no theoretical or practical challenges. Furthermore, this principle constitutes a jurisprudential foundation with robust supporting evidence. On the other hand, since the primary objective of civil liability is compensation for damages, and robots lack legal or electronic personality, they cannot directly be obligated to compensate for damages. Instead, due to their non-human nature, the responsible human agent—such as the owner, possessor, hacker, manufacturer, or designer—must be identified based on the specific circumstances.