64 The Search for A New Legal Personality in The Digital Age: Artificial Intelligence passed all the tests, its ability to gain a legal status depends on the legal order and political will granting it this right. bb. Granting Legal Status to Artificial Intelligence Being Contrary to Human Interests According to the view expressed as “human-centred approach” that adopts the utilitarian movement, even if artificial intelligent beings have all the qualities found in real people, these beings should not be granted personality rights. Because granting personality to artificial intelligence is incompatible with people’s interests, especially in terms of issues such as work, employment and security.49 According to another view defended by the “human-centred approach”, granting personality to artificial intelligence beings that pose a great danger to humanity would not be a rational decision. Because if a self-aware super artificial intelligence is achieved and these beings are granted independent personality, people will face the danger of losing control and being ruled by a superior being. This view, also called the “paranoid human-centred approach”, argues that if an artificial entity that can become smarter than humans is given legal entity status, these entities can take control of the world.50 On the other hand, it is also claimed that artificial intelligence can be programmed to not harm humans or to make moral decisions from a human perspective and potentially to pursue human interests rather than its own interests. However, such a situation would mean that artificial intelligence is not autonomous and therefore not a subject, but only a tool. Therefore, both examples require artificial intelligence to be considered as an object, not a subject.51 49 Solum, p. 1260. 50 Solum, p. 1261. According to a similar view, the next generation of artificial intelligence appears to be a serious candidate to replace humans as the dominant “species” with a highly advanced computer “self” capable of using machines and weapons. If normative personality is given to an artificial being with such a potential for danger, people must at least guarantee equal personal rights. Moreover, if artificial intelligence systems gain significant competitive advantages, it would be a more rational approach to reject or limit personhood in favor of an artificial being with superior capacities that could replace humans as the dominant species, even if it is possible to compete under the same conditions as equals. Hubbard, Personhood, p. 418. 51 Bertolini, p. 225; Solaiman, p. 33- 38.
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