Details
Translated title of the contribution | Diffusion of Individual Legal Responsibility in the Context of Learning Systems |
---|---|
Original language | German |
Pages (from-to) | 29-37 |
Number of pages | 9 |
Journal | Monatsschrift fur Kriminologie und Strafrechtsreform |
Volume | 106 |
Issue number | 1 |
Early online date | 7 Feb 2023 |
Publication status | Published - 28 Feb 2023 |
Abstract
AI / Self Learning Systems are having a significant impact on criminal guilt and do already change the conception of individual responsibility. Regardless of the dogmatic details, criminal law does have to be adjusted to these changes, i.e., in these areas of life, the idea of individual criminal responsibility must be questioned and readjusted. This applies to guilt as well as accountability, questions of proof as well as sentencing. There is not one right answer to these developments, but different answers depending on the specific context. A reduction in criminal responsibility for certain aspects can only be seen as first step in solving the problem, since this does not address the social need for attribution of responsibility, protection against certain dangerous technologies or damage compensation. In future, more far-reaching solutions will have to be sought that sustainably contain the diffusion of responsibility associated with AI / learning systems. Other possible answers are concerned with adjusting individual responsibility, which is particularly important for the people involved in the development process and the concrete decisions. Thus, it is ensured that the human beings involved are only be held legally responsible if they had significant control over the specific action or the collaborative decision.
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In: Monatsschrift fur Kriminologie und Strafrechtsreform, Vol. 106, No. 1, 28.02.2023, p. 29-37.
Research output: Contribution to journal › Article › Research › peer review
}
TY - JOUR
T1 - Diffusion individueller rechtlicher Verantwortlichkeit beim Einsatz Lernender Systeme
AU - Beck, Susanne
PY - 2023/2/28
Y1 - 2023/2/28
N2 - AI / Self Learning Systems are having a significant impact on criminal guilt and do already change the conception of individual responsibility. Regardless of the dogmatic details, criminal law does have to be adjusted to these changes, i.e., in these areas of life, the idea of individual criminal responsibility must be questioned and readjusted. This applies to guilt as well as accountability, questions of proof as well as sentencing. There is not one right answer to these developments, but different answers depending on the specific context. A reduction in criminal responsibility for certain aspects can only be seen as first step in solving the problem, since this does not address the social need for attribution of responsibility, protection against certain dangerous technologies or damage compensation. In future, more far-reaching solutions will have to be sought that sustainably contain the diffusion of responsibility associated with AI / learning systems. Other possible answers are concerned with adjusting individual responsibility, which is particularly important for the people involved in the development process and the concrete decisions. Thus, it is ensured that the human beings involved are only be held legally responsible if they had significant control over the specific action or the collaborative decision.
AB - AI / Self Learning Systems are having a significant impact on criminal guilt and do already change the conception of individual responsibility. Regardless of the dogmatic details, criminal law does have to be adjusted to these changes, i.e., in these areas of life, the idea of individual criminal responsibility must be questioned and readjusted. This applies to guilt as well as accountability, questions of proof as well as sentencing. There is not one right answer to these developments, but different answers depending on the specific context. A reduction in criminal responsibility for certain aspects can only be seen as first step in solving the problem, since this does not address the social need for attribution of responsibility, protection against certain dangerous technologies or damage compensation. In future, more far-reaching solutions will have to be sought that sustainably contain the diffusion of responsibility associated with AI / learning systems. Other possible answers are concerned with adjusting individual responsibility, which is particularly important for the people involved in the development process and the concrete decisions. Thus, it is ensured that the human beings involved are only be held legally responsible if they had significant control over the specific action or the collaborative decision.
KW - Artificial Intelligence
KW - Attribution
KW - Meaningful Human Control
KW - Responsibility
UR - http://www.scopus.com/inward/record.url?scp=85147934441&partnerID=8YFLogxK
U2 - 10.1515/mks-2022-0027
DO - 10.1515/mks-2022-0027
M3 - Artikel
AN - SCOPUS:85147934441
VL - 106
SP - 29
EP - 37
JO - Monatsschrift fur Kriminologie und Strafrechtsreform
JF - Monatsschrift fur Kriminologie und Strafrechtsreform
SN - 0026-9301
IS - 1
ER -