TBB Dergisi 2023 İngilizce Özel Sayı

77 Union of Turkish Bar Associations Review 2023 Erdem DOĞAN legal status should be granted. These determined criteria are abilities and capacities that are agreed to be unique to humans, such as sense of self-interest, free will, consciousness and self-awareness. These are the qualities that describe the moral person in terms of moral philosophy. However, the personality model intended for the new generation artificial intelligence should not be a status identical to the moral personality of real people, but a formal personality type that is compatible with the characteristic and unique structures of these beings. As a matter of fact, the personality type adopted by contemporary legal systems for legal entities, which are structures that recognize personality other than people, is a formal personality model, purified from human characteristics. Today, considering the impact of non-biological intelligence on human and social activities and the level of development, it can be seen that giving these entities a legal status has become an important need. However, the status in question should not be a personality model that offers a full set of rights and obligations, as in real persons. This status should be a formal personality that allows artificial intelligence to acquire rights and assume obligations, be held legally responsible and accountable for the transactions it carries out, and provides transparency and trust in its functions, provided that it is limited to its fields of activity. Moreover, according to the moral personality view, even if all the qualities required for legal personality are found in artificial intelligent beings, these will not be sufficient for these beings to gain a legal status. Because throughout the historical process, in all civilizations from past to present, the sole criterion for granting personality status to beings other than humans has been human interests, not the level of physical and psychic development. The view, expressed as the human-centred approach and reflecting a pragmatic perspective, accepts that the determining factor in giving personality to non-biological intelligence or any synthetic structure is that human interests justify such a decision. As a matter of fact, when approaching the issue in terms of legal entities, which are the only structures recognized with legal personality other than people by contemporary legal systems, the dominant factor in granting legal personality to associations, endowments or companies was not the characteristics of these structures, but the idea of meeting social needs.

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