TBB Dergisi 2023 İngilizce Özel Sayı

55 Union of Turkish Bar Associations Review 2023 Erdem DOĞAN determinations. Because artificial intelligence and robotic systems have two different aspects, engineering and law. The solution of the problems related to the technology in question requires the evaluation of technical analysis and the concepts of legal status, accountability and responsibility separately.18 B. SCIENTIFIC VIEW ON THE LEGAL STATUS OF ARTIFICIAL INTELLIGENCE 1. In General Although there are different views on determining the legal status of the new-generation artificial intelligence in the doctrine, these are generally shaped around historical, philosophical, sociological and legal reasons. The approach, which evaluates personality from its philosophical dimension and adopts moral personality in this sense, argues that personality cannot be granted to artificial or biological entities other than humans, depending on accepting personality as a set of existential values acquired from birth. On the other hand, the approach that embraces the formal and legal meaning of personality accepts that artificial beings can also be granted a unique legal status, provided that it is justified by social facts and does not contradict the rules of positive law.19 The material and moral view20 of personality argues that, as a rule, no entity other than humans can be granted personality, and accordingly, it accepts artificial intelligence as a property subject to ownership, not a subject of rights.21 However, it is widely accepted in 18 Pagallo, Legal Personhood, p. 5. 19 White, p. 74 - 75. 20 The view of material and moral personality is essentially based on the hypothetical view of personality defended by jurists such as Savigny and Salmond. Haluk Aşar, Hayvan Haklarına Yönelik Temel Görüşler ve Yanılgıları, KAYGI, 2018, p. 245. 21 For detailed information about the view that accepts artificial intelligence as property see Andrea Bertolini, Robots as products: the case for a realistic analysis of robotic applications and liability rules, Law, Innovation and Technology, 2013, 5(2), p. 242 vd; Solaiman, p. 35; E. Diamantis Mihailis, The Extended Corporate Mind: When Corporations Use AI to Break the Law, North Carolina Law Review, Vol. 98, Number 4, 98 N.C. L. REV. 893 (2020), p. 926; Başak Bak, Medeni Hukuk Açısından Yapay Zekânın Hukuki Statüsü ve Yapay Zekâ Kullanımından Doğan

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