TBB Dergisi 2023 İngilizce Özel Sayı

58 The Search for A New Legal Personality in The Digital Age: Artificial Intelligence As a result, it is predicted that the new generation artificial intelligence will become a part of social life in the near future due to its unique technical and cognitive features and human-like abilities. It will be inevitable for any artificial or biological entity that will become the subject of social life and relations to fall within the scope of law. On the other hand, today’s positive law does not contain any regulation regarding the existence and functioning of artificial intelligence, and current regulations are far from finding solutions to disputes arising from such advanced cognitive technology. For this reason, instead of looking for solutions within the regulations made by considering the traditional methodology, it is necessary to adopt solution-oriented approaches and make regulations compatible with today’s information age perspective and in line with the requirements of the age. 2. The View That Rejects Granting Legal Personality to Artificial Intelligence a. Reasons For Denying Legal Personality The reasons for the approach that rejects granting an independent legal status to artificial intelligence and robotic entities are generally based on that these entities must have the ability to acquire rights and obligations in order to acquire personality, that granting personality rights to artificial intelligence would be a negative decision for the future of humanity, and that it is necessary to grant legal personality to these entities. It is based on very different arguments, such as that there is no such thing, and that intelligent machines have not yet met the necessary conditions to gain personality. However, the arguments in question actually reflect a common point of view arising from a single source. The view that human being is a dominant, superior being over all beings constitutes the basic starting point of this approach. In this sense, the approach in question, as a reflection of the understanding of moral personality, argues that humans are the only beings to whom personality can be attributed.28 28 Wolfgang Friedmann, Legal Theory, London 1953, 25. Kısım, p. 396- 412 (Tüzel Kişilik Nazariyeleri ve Tatbikat, T. Ansay, p. 50 – 51); Solaiman, p. 15; White, p. 74.

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