TBB Dergisi 2023 İngilizce Özel Sayı

70 The Search for A New Legal Personality in The Digital Age: Artificial Intelligence personality are far from being rational and applicable. Because in a world where machines with autonomy and learning features will dominate, it will be inevitable for smart machines to damage the assets or personal assets of third parties while performing these tasks. This situation will bring about the necessity of establishing a normative regulation of the legal personality and liability of artificial intelligence. However, the legal personality to be granted to artificial intelligence should not be based on a system of values identical to or competing with humans, but on a personality model that is compatible with the unique characteristics of smart machines, reflects the algorithmic structure and autonomy features, and is limited to its fields of activity. The View That Accepts Granting Legal Personality to Artificial Intelligence In our world, where the most advanced cognitive technological designs are being implemented one by one and moving with exponential acceleration towards the cybernetic society, scientific opinions and theories advocating that the new generation artificial intelligence technology should be given a legal status set off a leverage effect. As the effectiveness of non-biological intelligence on humans and society increases, the demands and expectations regarding the determination of the legal status of artificial intelligence also increase. The approach advocating granting legal personality to artificial intelligent beings is, as a rule, based on the legal and formal aspects of personality, and accepts that personality can be granted to these beings if social acceptance occurs and is compatible with legal policy.71 Scientific views, which support the process developing at the theoretical and academic level within the framework of legal personality regarding the need to grant personality to non-biological intelligence and see it as a necessity to grant personality to artificial intelligent beings, generally act from three basic points. The first of these is the difficulties encountered in determining legal liability for damages arising from the operation of artificial intelligence due to its unique technical and cognitive features. Secondly, it is the opinion that viewing the new generation artificial intelligence, which is a much 71 White, p. 74- 75.

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