Artificial Intelligence and law: hypothesis of civil liability

Authors: Fabio Zambardino

ABSTRACT

This paper examines the intersection of artificial intelligence (AI) and law, with a particular focus on the hypothesis of civil liability in the context of AI applications. The study provides a comprehensive taxonomy of AI, detailing its various forms and roles within the legal field, while highlighting both the transformative potential and the legal complexities it introduces. The European perspective on AI is then examined, with a particular emphasis on the regulatory landscape and the ethical implications under EU law, particularly after the entry into force of the “AI Act”. A central theme of the paper is, then, the allocation of civil liability in cases where AI systems are involved in legal decision-making processes. Lastly, the paper assesses how liability should be attributed, considering the challenges posed by autonomous decision-making and the absence of traditional human accountability. Through this focused analysis, this contribution seeks to provide a nuanced perspective on the evolving role of civil liability in the context of AI.

Keywords: Artificial Intelligence – Algocracy – Civil Liability – Legal Framework – EU Law

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