63 Union of Turkish Bar Associations Review 2023 Erdem DOĞAN need to identify the human behind them. In addition, the acceptance of beings who contribute to social life and have sophisticated abilities as individuals is of great importance in terms of the development of society and demonstrating the will to live together peacefully. Even though it is not human, artificial intelligence that has passed the test will be able to claim that it is equivalent to a human as it has reached the super artificial intelligence stage as a self-aware being. On the other hand, the narrow artificial intelligence that is valid today, no matter how cognitively complex tasks it performs, will not have the right to personality, as it only exhibits functional features, not behaviour in the philosophical sense.46 Personality test is similar to the Turing Test in that it is based on behavioural criteria and is a method based on comparing artificial intelligence with a real person. However, the personality test is more comprehensive than the communication-based test proposed by Turing. Because one component of the personality test is originality, it is based on measuring the ability to learn and implement a life plan. In determining personality capacity, the assessment of whether an entity demonstrates the ability to analyse its behaviour, complex intellectual interaction, sense of self, and being a member of its community seems quite complex. Because the mentioned test has an abstract and vague nature, it also requires subjective interpretations, as in the measurement of complex thought.47 According to an opinion put forward in the doctrine, even if artificial intelligence passes the capacity or personality test to determine whether it has human-specific abilities, artificial intelligence should not be granted an independent personality. Because a system’s successful imitation of some human abilities does not turn it into a conscious and thinking being. The success of these beings in the personality test is based on their good imitation of human behaviour and mind, but in reality, they lack characteristics such as perception, understanding, comprehension and thinking.48 Moreover, the fact that artificial intelligence has passed the capacity test alone does not grant it a legal status. Even if an entity has 46 Hubbard, Personhood, p. 405- 408, 428; Bertolini, p. 221- 225. 47 Hubbard, Personhood, p. 428, 442. 48 For detailed information see, Dore, p. 27.
RkJQdWJsaXNoZXIy MTQ3OTE1