THE SEARCH FOR A NEW LEGAL PERSONALITY IN THE DIGITAL AGE: ARTIFICIAL INTELLIGENCE DİJİTAL ÇAĞDA YENİ BİR HUKUKÎ KİŞİLİK ARAYIŞI: YAPAY ZEKÂ Erdem DOĞAN* Abstract: The issue of granting legal personality to artificial intelligence, in essence, refers to a decision to grant a set of rights and related obligations to that entity. There are some basic questions that should be answered by especially information technology law doctrine and practice, regarding which criteria should be sought in the process of establishing a legal policy for the recognition of nonhuman beings and transforming this legal policy into a normative regulation. The starting point in solving the problem of whether an entity can be recognized as a personality is determining the meaning, scope and legal nature of the concept of personality. In the second stage, the entity, which is envisaged to be granted personality rights, is subjected to an evaluation process within the framework of the material approach, which considers the personality as an existential structure, and the formal approach, which is based on whether the law and society ascribe personality to an entity. There is no doubt that systems with a limited scope of activity and autonomy, defined as narrow or weak artificial intelligence, should be accepted as objects by the law, depending on these characteristics. On the other hand, the level of success reached by cognitive technology today has also allowed the development of autonomous artificial intelligence, which can learn from its own experiences through machine learning with different algorithmic structures and complex software and can act independently without any human interference. The autonomous decisions and actions taken by the artificial intelligence during the fulfilment of the tasks defined for it can sometimes damage the assets or personal assets of individuals or cause a breach of contract in obligation. In this respect, today, the need to develop a unique personality model has emerged in terms of artificial intelligence beings with a strong autonomy feature. Keywords: Personality, legal status, artificial intelligence, capacity to have rights and obligations, capacity to act, smart machines. * Av., Dr., [email protected], ORCID: 0000 0003 0541 6147
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