62 The Search for A New Legal Personality in The Digital Age: Artificial Intelligence smart computer can interact with the world through remote-controlled robotic machines.43 Another characteristic deemed necessary for a personality test is having a unique sense of self. Being a unique individual requires having a degree of imagination in designing and implementing a life plan. This criterion, which is deemed necessary for non-biological entities, does not mean that these entities are highly original and productive. Because real people cannot always reveal their originality and imagination, and they often lead a routine life. Therefore, the important thing in the sense of self is having a perception of dreams and goals for life and the planning and concretization of these dreams and goals. In order for an artificial intelligence-supported machine to become a self-aware being with a life plan, the machine must somehow care about the success of this plan.44 The last characteristic sought for the personality test is the ability of non-biological entities to live in communities with other people. Accordingly, artificial intelligence must be able to find a place for itself in society with other people and interact responsibly as a member of that community. As a matter of fact, the purpose of granting personality rights to an entity is to give that entity a legal status in social relations and interaction. Because it is clear that in the near future, new generation artificial intelligence systems will become an important subject against social structure and law. Therefore, personal rights are necessary and meaningful only within a community of autonomous individuals.45 According to the view that is based on the personality or capacity test in granting personality to non-biological intelligence, an artificial intelligence that passes the test and reaches the level of self-awareness ceases to be an object and turns into an entity that can act autonomously. Such artificial beings would have the capacity to perceive their own freedom and existence and to cause intentional harm. As a result of this behaviour, artificial intelligence will have the right to be accepted as a subject before the law and to claim legal personality. If they pass the capacity test, artificial entities can be held personally liable without the 43 Hubbard, (Personhood), p. 420 44 Hubbard, (Personhood), p. 421 45 Hubbard, Personhood, p. 423; Kılıçarslan, p. 376.
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