Product Description
Table of Contents
Additional Information
This book proposes three liability regimes to combat the wide responsibility gaps caused by AI systems - vicarious liability for autonomous software agents (actants); enterprise liability for inseparable human-AI interactions (hybrids); and collective fund liability for interconnected AI systems (crowds). Based on information technology studies, the book first develops a threefold typology that distinguishes individual, hybrid and collective machine behaviour. A subsequent social science analysis specifies the socio-digital institutions related to this threefold typology. Then it determines the social risks that emerge when algorithms operate within these institutions. Actants raise the risk of digital autonomy, hybrids the risk of double contingency in human-algorithm encounters, crowds the risk of opaque interconnections. The book demonstrates that the law needs to respond to these specific risks, by recognising personified algorithms as vicarious agents, human-machine associations as collective enterprises, and interconnected systems as risk pools - and by developing corresponding liability rules. The book relies on a unique combination of information technology studies, sociological institution and risk analysis, and comparative law. This approach uncovers recursive relations between types of machine behaviour, emergent socio-digital institutions, their concomitant risks, legal conditions of liability rules, and ascription of legal status to the algorithms involved.
1. Digitalisation: The Responsibility Gap I. The Problem: The Dangerous Homo Ex Machina A. Growing Liability Gaps B. Scenarios C. Current Law's Denial of Reality II. The Overshooting Reaction: Full Legal Subjectivity for E-Persons? III. Our Solution: Differential Legal Status Ascriptions for Algorithms A. Algorithms in Social and Economic Contexts B. (Legal) Form Follows (Social) Function IV. Our Approach: Three Digital Risks A. 'Socio-Digital Institutions' as Intermediaries between Technology and Law B. A Typology of Machine Behaviour C. A Typology of Socio-Digital Institutions D. A Typology of Liability Risks 2. Autonomy and Personification I. Artificial Intelligence as Actants A. Anthropomorphism? B. Actants and Action Attribution C. Communication with Actants II. Gradualised Digital Autonomy A. Social Attribution of Autonomy B. Legal Criteria of Autonomy C. Our Solution: Decision under Uncertainty III. Autonomy and Legal Personhood A. Against Personification? B. Uniform Personification? C. Socio-Digital Institutions and Legal Status 3. Actants: Autonomy Risk I. Socio-Digital Institution: Digital Assistance II. The Autonomy Risk III. Algorithmic Contract Formation A. Invalidity of Algorithmic Contracts? B. Algorithms as Mere Tools? C. Our Solution: Agency Law for Electronic Agents D. Limited Legal Personhood - Constellation One E. The Digital Agent's Legal Declaration F. Digital Assistance and the Principal-Agent Relation G. Overstepping of Authority? IV. Contractual Liability A. The Dilemma of the Tool-Solution B. Our Solution: Vicarious Performance C. Limited Legal Personhood - Constellation Two V. Non-Contractual Liability A. Fault-Based Liability? B. Product Liability? C. Strict Causal Liability for Dangerous Objects and Activities? D. Our Solution: Vicarious Liability in Tort E. Limited Legal Personhood - Constellation Three F. The 'Reasonable Algorithm' G. Who is Liable? 4. Hybrids: Association Risk I. Socio-Digital Institution: Human-Machine Associations A. Emergent Properties B. Hybridity C. The Organisational Analogy II. The Association Risk III. Solution de lege ferenda: Hybrids as Legal Entities? IV. Our Solution de lege lata: Enterprise Liability for Human-Machine Networks A. Human-Machine Interactions as Networks B. Networks and Enterprise Liability 1 C. Action Attribution and Liability Attribution in Hybrids D. Liable Actors E. Pro-Rata Network Share Liability F. External Liability Concentration: 'One-Stop-Shop' Approach G. Internal Liability Distribution: Pro Rata Network Share V. Conclusion 5. Multi-Agent Crowds: Interconnectivity Risk I. Socio-Digital Institution: Exposure to Interconnectivity A. Non-Communicative Contacts B. Distributed Cognitive Processes II. The Interconnectivity Risk III. Mismatch of New Risks and Existing Solutions A. Applying Existing Categories B. Vicarious or Product Liability of the Whole Interconnected AI-System? C. Collective Liability of Actors Connected to the 'Technical Unit'? IV. Our Solution: Socialising the Interconnectivity Risk A. Entire or Partial Socialisation? B. Risk Pools Decreed by Law C. Public Administration of the Risk Pool: The Fund Solution D. Financing: Ex-Ante and Ex-Post Components E. Participation and Administration F. Compensation and Recovery Action G. Global Interconnectivity and National Administration 6. Conclusion: Three Liability Regimes and Their Interrelations I. Synopsis and Rules A. Digital Assistance: Vicarious Liability B. Human-Machine Associations: Enterprise Liability C. Interconnectivity: Fund Liability II. Socio-Digital Institutions and Liability Law A. One-Size-Fits-All or Sector-Specific Piecemeal Approach? B. Socio-Digital Institutions C. Institution-Generating Liability Law D. Differential Treatment of Liable Actors E. Calibrating Legal Personhood for AI III. Interactions between Three Liability Regimes A. Criteria for Delineating the Applicable Liability Regime B. No Priority for a Liability Regime IV. Exemplary Cases A. Vicarious Liability: Robo-Advice B. Enterprise Liability: Hybrid Journalism C. Collective Funds: Flash Crash D. Finale: Google Autocomplete
Author(s) | By Anna Beckers (Maastricht University, the Netherlands), Gunther Teubner (Goethe University, Germany). |
---|---|
Publisher | Bloomsbury Publishing PLC |
ISBN | 9781509949373 |
Format | Paperback / softback |
Pages | 240 |
Published in | United Kingdom |
Published | 15 Jun 2023 |
Availability | POD |
Practice Area
-
Company, commercial & competition
- Agency law
- Aviation law
- Commercial law
- Company law
- Company, commercial & competition law
- Competition law \ Antitrust law
- Construction & engineering law
- Contract law
- E-commerce law
- Energy & natural resources law
- Franchising law
- Outsourcing law
- Partnership law
- Procurement law
- Sale of goods law
- Shipping law
-
Constitutional & administrative
- Asylum law
- Citizenship & nationality law
- Constitutional & administrative law
- Election law
- Freedom of expression law
- Freedom of information law
- Government powers
- Human rights & civil liberties law
- Immigration law
- Judicial review
- Local government law
- Military & defence law
- Parliamentary & legislative practice
- Privacy law
-
Criminal law & procedure
- Criminal justice law
- Criminal law & procedures
- Criminal procedure
- Criminal procedure: law of evidence
- Fraud
- Harassment law
- Juvenile criminal law
- Offences against property
- Offences against public health, safety, order
- Offences against the government
- Offences against the person
- Police law & police procedures
- Road traffic law, motoring offences
- Sentencing & punishment
- Terrorism law
- Employment & labour
- Environment, transport & planning
- Equity & trusts
- Family
- Financial
- IT & Communications
- Intellectual property
-
International
- Customary law
- Diplomatic law
- International
- International arbitration
- International communications & telecommunications law
- International courts & procedures
- International criminal law
- International economic & trade law
- International environmental law
- International human rights law
- International humanitarian law
- International law
- International law of territory & statehood
- International law of transport, communications & commerce
- International law reports
- International maritime law
- International organisations & institutions
- International space & aerospace law
- Investment treaties & disputes
- Jurisdiction & immunities
- Law of the sea
- Private international law & conflict of laws
- Public international law
- Responsibility of states & other entities
- Settlement of international disputes
- Tariffs
- Transnational commercial law
- Treaties & other sources of international law
-
Jurisprudence & general
- Advocacy
- Civil codes \ Civil law
- Common law
- Comparative law
- Criminology: legal aspects
- Ecclesiastical (canon) law
- Gender & the law
- Islamic law
- Jurisprudence & general issues
- Jurisprudence & philosophy of law
- Law & society
- Law as it applies to other professions
- Legal ethics & professional conduct
- Legal history
- Legal profession: general
- Legal skills & practice
- Paralegals & paralegalism
- Roman law
- Systems of law
- Law - other
- Law: study & revision guides
- Laws of Specific jurisdictions
-
Legal system
- Arbitration, mediation & alternative dispute resolution
- Civil procedure, litigation & dispute resolution
- Civil procedure: law of evidence
- Civil remedies
- Courts & procedure
- Damages & compensation
- Injunctions & other orders
- Judicial powers
- Legal system: costs & funding
- Legal system: general
- Legal system: law of contempt
- Regulation of legal profession
- Restitution
- Primary sources
- Private \ Civil law: general works
- Property
- Social
- Taxation & duties
- Torts & Delicts
- Wills & probate \ Succession
My Cart
You have no items in your shopping cart.