The technology and application of artificial intelligence (AI) throughout society continues to grow at unprecedented rates, which raises numerous legal questions that to date have been largely unexamined. Although AI now plays a role in almost all areas of society, the need for a better understanding of its impact, from legal and ethical perspectives, is pressing, and regulatory proposals are urgently needed. This book responds to these needs, identifying the issues raised by AI and providing practical recommendations for regulatory, technical, and theoretical frameworks aimed at making AI compatible with existing legal rules, principles, and democratic values. An international roster of authors including professors of specialized areas of law, technologists, and practitioners bring their expertise to the interdisciplinary nature of AI.
The most comprehensive and systematic study of the impact of AI on private law, this volume uses an interdisciplinary and comparative approaches. It is timely, as various organizations and nations are drafting regulations, guidelines, and principles to address the use of AI in a wide range of areas.
Recenzijos
'What should lawyers make of the rapid insinuation of AI into our everyday dealings and decisions, including its reshaping of legal practices? In this impressive Handbook, a team of leading scholars and practitioners showcase the breadth, detail, and depth of private law's engagement with AI. It is a compelling read.' Roger Brownsword, King's College London and Bournemouth University 'The Handbook provides a tour de force for the impact of AI from technical, legal-regulatory, societal, democratic and ethical perspectives, taking into account current developments and trends in the field, as much as that which we should reasonably expect in the future. Scholars and the public are warmly invited to take this tour.' Ugo Pagallo, University of Turin 'The editors are to be congratulated on this excellent work. this is an outstanding book that provides much food for thought.' Tania Sourdin, Prometheus
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A clear assessment of the impact of Artificial Intelligence on law and ethics in various legal areas and jurisdictions.
Part I. AI. Development and Trends:
1. Artificial intelligence: the
promise of disruption Larry A. Di Matteo;
2. Essence of AI; what is AI?
Pascal König, Tobias D. Krafft, Wolfgang Schulz and Katharina A. Zweig;
3. AI
in the legal profession Christy Ng; Part II. AI. Contracting and Corporate
Law:
4. AI in negotiating and entering into contracts Eliza Mik;
5. AI and
contract performance André Janssen;
6. AI and company law Florian Möslein;
Part III. AI and Liability:
7. Are existing tort theories ready for AI? An
American perspective Robert A. Heverly;
8. Are existing tort theories ready
for AI? A continental European perspective Jonas Knetsch;
9. Liability for AI
decision-making Eric Tjong Tjien Tai;
10. AI and data protection Indra
Spiecker Genannt Döhmann;
11. AI as agents: agency law Pinar Ēaglayan Aksoy;
Part IV. AI and Physical Manifestations:
12. Liability for autonomous vehicle
accidents Marjolaine Monot-Fouletier;
13. Interconnectivity and liability: AI
and the internet of things Geraint Howells and Christian Twigg-Flesner;
14.
Liability standards for medical robotics and AI: the price of autonomy Frank
Pasquale; Part V. AI and Intellectual Property Law:
15. Patenting AI: the US
perspective Susan Y. Tull;
16. Patentability of AI: inventions in the
European Patent Office Nicholas Fox, Yelena Morozova and Luigi Distefano;
17.
AI as inventor Christian E. Mammen;
18. AI and copyright law: the European
perspective Gerald Spindler; Part VI. Ethical Framework for AI:
19. AI,
consumer data protection and privacy Mateja Durovic and Jonathon Watson;
20.
AI and legal personhood Mark Fenwick and Stefan Wrbka;
21. AI, ethics, and
law: a way forward Joshua P. Davis;
22. Standardizing AI: the European
Commission's proposal for an 'Artificial Intelligence Act' Martin Ebers; Part
VII. Future of AI:
23. AI judges Florence G'sell;
24. Combating bias in AI
and machine learning in consumer facing-services Charlyn L. Ho, Marc Martin,
Sari Ratican, Divya Taneja, D. Sean West, Sam Boro and Coimbra Jackson;
25.
Keeping AI legal Migle Laukyte;
26. Colluding through smart technologies:
understanding agreements in the age of algorithms Giuseppe Colangelo and
Francesco Mezzanotte;
27. The folly of regulating against AI's existential
threat John O. McGinnis;
28. AI and the law: interdisciplinary challenge and
comparative perspectives Cristina Poncibņ and Michel Cannarsa.
Larry A. DiMatteo is Huber Hurst Professor of Contract Law at the Warrington College of Business and Levin College of Law, University of Florida. He was the University of Florida's 2012 Teacher-Scholar of the Year and is the former Editor-in-Chief of the American Business Law Journal. He is the author, coauthor, and coeditor of more than 150 publications, including 15 books. His books include Judicial Control over Arbitral Awards (edited; Cambridge University Press, 2020); The Cambridge Handbook of Smart Contracts, Blockchain Technology and Digital Platforms (edited; Cambridge University Press, 2020); Comparative Contract Law: British and American Perspectives (edited; Oxford University Press, 2016); and International Sales Law: Principles, Contracts and Practice (edited; Beck, Hart, & Nomos, 2016). Cristina Poncibņ is Professor of Comparative Private Law at the Law Department of the University of Turin, Collegio Carlo Alberto Affiliate and Faculty Member at the Georgetown Law (Center for Transnational Legal Studies, London). She is also a Fellow of the Transatlantic Technology Law Forum (Stanford Law School and Vienna School of Law). Her most recent books include Contracting and Contract Law in the Age of Artificial Intelligence (edited; Hart, 2022) and The Cambridge Handbook of Smart Contracts, Blockchain Technology and Digital Platforms (edited; Cambridge University Press, 2019). She is the scientific director of the Master's in International Trade Law at the University of Turin, ITC-ILO, in cooperation with Unicitral and Unidroit. In her career, she has been a Marie Curie Intra-European Fellow (Université Panthéon-Assas) and a Max Weber Fellow (European University Institute). Michel Cannarsa is Dean of Law at Lyon Catholic University, France. His areas of research are international and European law, commercial law, comparative law, consumer law, law of obligations, and legal translation. His recent works have focused on the interaction between law and technology, contract, and products liability law, including The Cambridge Handbook of Smart Contracts, Blockchain Technology and Digital Platforms (Cambridge University Press, 2019); 'Interpretation of Contracts and Smart Contracts,' European Review Private Law (2018); 'Remedies and Damages,' in Chinese Contract Law, Civil and Common Law Perspectives (DiMatteo and Lei, eds., Cambridge University Press, 2017); and La responsabilité du fait des produits défectueux: étude comparative (Giuffrč, 2005). He is a fellow of the European Law Institute.
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