61 Union of Turkish Bar Associations Review 2023 Erdem DOĞAN personality to become a social reality. 38Within the framework of this view, it is deemed necessary for an entity to have the ability to have rights and duties in order to live in an orderly manner as a member of society. It is also stated that this ability is the only quality taken into consideration by the courts in determining personality, whereas beings such as chimpanzees and artificial intelligence lack this critical feature, even though they have some advanced abilities.39 According to another view that tries to harmonize theories about whether non-biological intelligence can have human-specific abilities, if an entity is successful in the test to determine the conditions required for granting personality, this entity should be legally recognized as an autonomous personality with a self-identity.40 The skills that are stated to be present in artificial intelligence in order to be successful in the personality test are as follows: It is considered as the ability to think and communicate complexly by interacting with the environment, a sense of self with concern for achieving a life plan, and the ability to live in community with other people based on at least mutual personal interests.41 Complex intellectual interaction is the ability of a living being to interact meaningfully with the environment by receiving and deciphering inputs from its environment and sending understandable data to its environment. This interaction must be diverse and sophisticated enough that we can view it as the product of complex thought. It is accepted that the form of interaction sought in order to gain personality must be physical communication.42 In this context, it is stated that new generation artificial intelligence entities have the ability to interact physically with the world, for example, a 38 Teubner, p. 7. 39 Solaiman, p. 37; Teubner, p. 7. 40 Hubbard, (Personhood), p. 417, 419. 41 Hubbard, Personhood, p. 419; Kılıçarslan, p. 373; Bacaksız/Sümer, p. 136- 137. Another view is that these abilities is explained as the capacity to communicate with the environment, internal knowledge, knowledge of the external or external world, a certain level of willpower and individuality. Solaiman, p. 29. Solum states that in order for artificial intelligence to succeed in the personality test and become a competent being, it must have the ability to make moral judgments and a sense of justice. Solum, p. 1251. 42 Ray Kurzweil, The Singularity is Near: When Humans Transcend Biology, Viking, 2005, p. 260.
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