Models of Law and Regulation for AI

31 Pages Posted: 8 Oct 2020 Last revised: 6 Jan 2021

See all articles by Nicolas Petit

Nicolas Petit

European University Institute - Department of Law (LAW)

Jerome De Cooman

University of Liège - Institute for the Study of European Law

Date Written: October 1, 2020

Abstract

This paper discusses models of law and regulation of Artificial Intelligence (“AI”). The discussion focuses on four models: the black letter model, the emergent model, the ethical model, and the risk regulation model. All four models currently inform, individually or jointly, integrally or partially, consciously or unconsciously, law and regulatory reform towards AI. We describe each model’s strengths and weaknesses, discuss whether technological evolution deserves to be accompanied by existing or new laws, and propose a fifth model based on externalities with a moral twist.

Keywords: Models of Law; Artificial Intelligence; Robotics; Regulation; Ethics; Risk Regulation; Externalities

JEL Classification: K00; K1; K10; K4; K40; K3; K30

Suggested Citation

Petit, Nicolas and De Cooman, Jerome, Models of Law and Regulation for AI (October 1, 2020). Robert Schuman Centre for Advanced Studies Research Paper No. RSCAS 2020/63, EUI Department of Law Research Paper, Available at SSRN: https://ssrn.com/abstract=3706771 or http://dx.doi.org/10.2139/ssrn.3706771

Nicolas Petit (Contact Author)

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
Italy

Jerome De Cooman

University of Liège - Institute for the Study of European Law ( email )

B-4000 Liege
Belgium

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