TBB Dergisi 2023 İngilizce Özel Sayı

50 The Search for A New Legal Personality in The Digital Age: Artificial Intelligence However, it seems inevitable that a radical transformation that will fundamentally change the established rules and systems will lead to a chaotic situation in the social structure and economic relations unless supported by positive law. Therefore, while transferring the humanmachine integration project to real life, it is of great importance not to neglect the efforts to establish the legal infrastructure. For example, the uncertainty of the legal status of artificial intelligence, which will work together or integrated with people and will also become a part of social life and laws in force, will cause an important problem of trust and stability in social relations. In this context, determining the legal status of these entities, which have humanoid characteristics, perform the tasks done by humans, and interact with people or objects in carrying out these tasks will be a very important step in terms of protecting the principle of legal security.4 I. LEGAL PERSONALITY OF ARTIFICIAL INTELLIGENCE A. DISPUTE ON THE LEGAL PERSONALITY OF ARTIFICIAL INTELLIGENCE The issue of granting legal personality to a non-biological intelligence essentially means a decision to grant that entity a set of rights and obligations. Whether such a decision can be made regarding the recognition of personality in terms of non-human beings, and if so, the criteria that should be sought in the decision-making process are considered to be the most fundamental questions in the academic field and practice. There is a two-stage evaluation process to be followed in the recognition of personality for a non-human entity. Accordingly, Thomas H. Davenport/Rajeev Ronanki, Harvard Business Review, HBR’S 10 Must Reads, “Gerçek Dünya İçin Yapay Zeka”, (Nadir Özata), Harvard Business School Publishing Corporation, 2019, p. 29. 4 S. M. Solaiman, Legal Personality of Robots, Corporations, Idols and Chimpanzees: A Quest for Legitimacy; University of Wollongongs, Faculty Of Law, Humanities And The Arts - Papers, 2017, p. 2, 3. According to Hubbard, a machine that claims to have the necessary capacity to acquire personality, even though it is not a human, can claim to be considered equal to a human. F. Patrick Hubbard, Do Androids Dream?: Personhood and Intelligent Artifacts, University of South Carolina Scholar Commons, 83 Temp. L. Rev. 405 (2011), p. 407.

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