The hypothesis of attribution of electronic personality or possibly graduated personhood to artificial intelligence is assessed with reference to its alleged necessity, to the selective efficacy of the invoked requirements and to the overall repercussions on the penal system. A risk is detected in term of negative impact on the level of protection of legal assets, the responsibility of the involved subjects and the systematic endurance of legal theory grounds. Furthermore, the purely normative technique required by the creation of digital legal personhood seems largely subdued to a coercive model of justice, open to the vicarious and vindicatory drifts of symbolic and authoritarian criminal law. Hope is expressed that responsibilities, even if widely shared, will be brought back to humans, seriously rethinking models of prevention and response to crimes.
Responsabilità non umane al tramonto dell’antropocene? Riflessi penalistici
palavera rosa
2020
Abstract
The hypothesis of attribution of electronic personality or possibly graduated personhood to artificial intelligence is assessed with reference to its alleged necessity, to the selective efficacy of the invoked requirements and to the overall repercussions on the penal system. A risk is detected in term of negative impact on the level of protection of legal assets, the responsibility of the involved subjects and the systematic endurance of legal theory grounds. Furthermore, the purely normative technique required by the creation of digital legal personhood seems largely subdued to a coercive model of justice, open to the vicarious and vindicatory drifts of symbolic and authoritarian criminal law. Hope is expressed that responsibilities, even if widely shared, will be brought back to humans, seriously rethinking models of prevention and response to crimes.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
