TBB Dergisi 2023 İngilizce Özel Sayı

54 The Search for A New Legal Personality in The Digital Age: Artificial Intelligence Ages, no civilization has been indifferent to this change, and has paved the way for personality recognition for beings other than humans, albeit in different degrees and forms. For this reason, no matter how many theories and philosophical arguments are produced on personality, the decision to grant personality status to non-biological intelligence will be taken by the legislator within the framework of a certain legal policy, not according to the material and philosophical understanding of personality. Social realities and needs play a decisive role in the formation of legal policy. In today’s world, social life and relations have become too intricate and complex to be carried out only with real and legal persons. In the face of this situation, it seems inevitable that a new and radical codification will be made for the legal systems that are constructed according to social relations and traditional structures consisting only of human beings. Because human-like beings are no longer fiction and humanity has begun to debate whether legal personality can be attributed to synthetic intelligent beings at the international level. The European Parliament’s request from the European Commission to draft a law addressing the future challenges of artificial intelligence is a clear proof of this.16 Although the goal of including artificial intelligence among entities with legal personality, as in real persons and legal entities, is the result of a legal and actual necessity, this goal may also have some negative social and economic consequences. For this reason, when making legal regulations regarding personality, a multifaceted study should be carried out and the necessary preventive mechanisms should be provided for issues that may damage the legal system.17 Artificial intelligence systems need to be handled from a methodological point of view in order for personality discussions on artificial intelligence to progress on the right ground and to reach effective solutions. In this sense, it is of great importance to determine the scope and quality of artificial intelligence in all its aspects and to make adjustments to the extent that it is suitable for these 16 Joanna J. Bryson/Diamantis E. Mihailis/Thomas D. Grant, Of, for, and by the People: The Legal Lacuna of Synthetic Persons, Artif. Intell. Law (2017), 25, p. 274 17 Bryson/Mihailis/Grant, p. 274.

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