نوع مقاله : مقاله علمی - پژوهشی
نویسنده
استادیار گروه حقوق خصوصی پردیس فارابی دانشگاه تهران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
In the history of the law of torts, there is damages arising out of things. Some of these damages are because of things’ actions, such as buildings collapses, animals' behaviors, and cars accidents and so on. At the first, who have liability for the victim’s injuries and damages are the proprietor and possessors; but in pursuit of technical developments of the era, we shouldn’t ignore liability of producers and designers of these products.
We all know that the technological progress of humankind is the cause of unbelievable innovations. One of this human incredible ingenuity is making of object acting similar to mankinds. For example, it can be a human-assisted robot, such as cleaning and cooking, or specializing in medicine, and the like. So there is a legal problem asking about legal situations of these creations.
Now, the smart object may not be a common issue in the community, but events show that we will have to confront with difficult issues in the near future. So, today we need to think about its legal dimensions and solve the problems arising from the personality, ownership, contract and responsibility of these digital age objects. Moreover, studying the emerging institutions sheds light on current issues in the light of which we can illuminate the dim dimensions of many current and traditional problems and illustrate the ways we have gone wrong.
The objects that are armed with a will, can have ownership on others objects and conclude a contract with persons and may harm others, either voluntarily or by the will of people realized in the object. For example, active home-based artificial intelligence can provide harm to guests or surgery or treatment robots can harm patients, or a driverless car may cause harms to pedestrian and create financial losses with accidents.
If the basis of liability is fault, the owner of the objects would be liable as much as it was at fault. A master is someone who has effective supervision or guidance on an object at the time of the crash, such as a car driver. In Iranian law, the responsibility of the owner is based on fault, whether living, inanimate, movable or immovable property. In addition to the owner and possessor, sometimes the creator and designer of the object is responsible for the caused damage.
With all of the foregoing, we may still be considering new and separate AI. But first, we need to know that AI has three features: it understands the world, analyzes the information received, and then acts on it.
Machines are planned elsewhere and do not have means to act in the sense of freedom of the human will; now, is it right to hold them responsible? Today, it appears that there is less of a means to perceive, think and act independently. In fact, most machines are not independent and cannot think and decide.
The object may be autonomous in performing certain tasks, so people associated with the object, such as the artificial intelligence manager or the author of the program and its software, will be responsible for compensating for the resulting damage. Apart from that, we may have a personality for artificial intelligence and recognize him or her as a right-doer; in this case, in addition to being a person's representative and subject to responsibility, the robot may be itself responsible for its actions. In this situation, the robot knows the true meaning of 'act' and truly is realized.
The machine has many different types of autonomy and power. Some tools are human instrument and others have the power to act. Among the latter category, some may be in control of their affairs, and some are still involved in the determinacy of algorithms. Artificial intelligence is the criterion of self-responsibility, that is, the robot is able to manage its financial affairs. In that case, civil liability can be borne. Otherwise, the person is responsible for its actions and if it is damaged by a third party, the person responsible may be the owner or the developer or the creator.
Given the fact that there is still theoretically independent of the robots, it is necessary in the present circumstances to consider it a tool and hold others responsible for its actions. However, the legislator is supposed to prescribe rules on the personality and responsibility of artificial intelligence, and this is impossible unless the unknown dimensions of the presence of these electronic persons in society have been explored by lawyers.
کلیدواژهها [English]
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