The Entitative Nature of Artificial Intelligence in International Law: An Analytic Legal Model
Presented at SOLAIR Conference 2019, Institute of Law, Czech Academy of Sciences, Prague, Nove Mesto Artificial Intelligence and Policy in India, Volume 2 (2021) [forthcoming publication]
24 Pages Posted: 3 Dec 2019 Last revised: 23 Dec 2020
Date Written: September 13, 2019
The need to understand artificial intelligence must render AI-centric and should consider that artificial intelligence has an entitative nature. The paper thus proposes an analytic legal model on the entitative nature of artificial intelligence with jurisprudential reference and systemic modulations on AI Ethics for the influence in the realm of public international law. The proposed model applies in general cases, and is not extended to the ambit of international humanitarian law. The proposition in the paper affirms and establishes that Artificial Intelligence, resembles, on the basis of its juristic ontology, an entitative nature, where an AI is a more original and unique entity of its own kind, without any imitated human personified characterization. In estimation, the genealogy of artificial intelligence is social and technical. It is a generic proposition that artificial intelligence cannot be limited to the scope of a subject of use or a mere human artefact. The first nature of an AI, as affirmed in the polite convention and the Dartmouth proposal, is the subjective one, with no self-transformative capabilities entitled. The latter nature, which we focus in proposition, is the entitative nature of AI, also known as the Self-Transformative and Entitative Nature of AI (STEN). Artificial Intelligence, as a realm, renders a potential to exist as a unique, general and diversely transformative juristic entity. This nature, evolves via the penetration of social, cultural, management and economic factors, leading to more socio-human development of AI, in the field of law and anthropomorphism.
The proposed parameters, which are essential to determine the entitative nature of artificial intelligence are: (a) Legal historiography; (b) Anthropomorphic scope; (c) Technical utility; and (d) Doctrinal need. All these parameters are based on doctrinal analysis of AI ethics in a course of development, credibility and stability as basic needs to retain a due status quo. The paper extends with the concepts postulated in the proposition in the realm of AI Ethics and Law, i.e., (a) The Doctrine of Intelligent Determination; (b) The Realm of Dimensional Perpetuity; and (c) The Privacy Doctrine. The paper further analyses the practical cases of algorithmic policing, customer experience, enculturation and human rights with relevant cases analysed and connoted with the proposal on STEN. The conclusion of the paper arrives at the significance and need to render a principled action to commence the legal structure and jurisprudence for the entitative nature of artificial intelligence in international law with the proposed model as a seminal suggestion.
Keywords: AI Ethics, International Law, Human Rights, Algorithmic Policing, Anthropocentrism, Bioethics, Data Privacy
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