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Liabilities and Modern Artificial Intelligence: A Tri-Phase Model [Kietas viršelis]

(Monash University)
  • Formatas: Hardback, 298 pages, aukštis x plotis: 234x156 mm, 4 Tables, black and white; 24 Line drawings, black and white; 24 Illustrations, black and white
  • Serija: Law and Change
  • Išleidimo metai: 09-Sep-2025
  • Leidėjas: Routledge
  • ISBN-10: 1041020651
  • ISBN-13: 9781041020653
Kitos knygos pagal šią temą:
  • Formatas: Hardback, 298 pages, aukštis x plotis: 234x156 mm, 4 Tables, black and white; 24 Line drawings, black and white; 24 Illustrations, black and white
  • Serija: Law and Change
  • Išleidimo metai: 09-Sep-2025
  • Leidėjas: Routledge
  • ISBN-10: 1041020651
  • ISBN-13: 9781041020653
Kitos knygos pagal šią temą:
"This book addresses how private law liability should be assigned in contexts where modern forms of AI are deployed. AI as a technology holds the potential to radically improve global society, yet the pace of its advancement far outstrips the pace at which legal systems are responding. This book explores legal approaches to AI, how AI should be legally characterised, and proposes an overarching theoretical liability framework termed the Tri-Phase AI Liability Model. This framework is flexible in nature and considers the type of AI, the context in which it is deployed, who has the most control over the AI system and the capacity of a deployed AI. In response, this book brings greatly needed clarity to the evolving landscape of AI governance, aiding in resolving existing and emerging private law challenges. This book is a timely response to the urgent need to resolve private law liabilities and will appeal to legal professionals, policymakers, and scholars looking to understand or contribute to the currentand future governance of AI within private law"-- Provided by publisher.

This book addresses how private law liability should be assigned in contexts where modern forms of AI are deployed.

AI as a technology holds the potential to radically improve global society, yet the pace of its advancement far outstrips the pace at which legal systems are responding. This book explores legal approaches to AI, how AI should be legally characterised, and proposes an overarching theoretical liability framework termed the Tri-Phase AI Liability Model. This framework is flexible in nature and considers the type of AI, the context in which it is deployed, who has the most control over the AI system and the capacity of a deployed AI. In response, this book brings greatly needed clarity to the evolving landscape of AI governance, aiding in resolving existing and emerging private law challenges.

This book is a timely response to the urgent need to resolve private law liabilities and will appeal to legal professionals, policymakers, and scholars looking to understand or contribute to the current and future governance of AI within private law.



This book addresses how private law liability should be assigned in contexts where modern forms of AI are deployed. This book explores legal approaches to AI, how AI should be legally characterised, and proposes an overarching theoretical liability framework termed the Tri-Phase AI Liability Model.

List of Figures
List of Tables
Table of Cases
Table of Legislation
Table of Statutory Instruments
Acknowledgements

Introduction
1. Artificial Intelligence: A Legal Problem
2. What is Modern AI?
3. Regulation versus Liability
4. Overview of
Chapters
5. A Need for Flexibility

Part I
Chapter 1Understanding the AI Legal Landscape
1. Evaluating Legal Approaches to Artificial Intelligence
2. Regulatory Responses to Artificial Intelligence
3. Evaluation of Proposed Legal Responses to a Deployed AI
4. The Need for an Overarching Liability Framework

Part II
Chapter 2Reevaluating Legal Personality for AI
1. AI as a Legal Person?
2. Legal Personhood Approaches to AI
3. Socio-Legal Background of Legal Personhood
4. Elements of Legal PersonhoodLegal Rights and Duties
5. Elements of Legal PersonhoodCapacity
6. Viewing Legal Personality Hierarchically
7. Legal Personhood: An Adaptable Concept
Chapter 3AI as a Legal Agent: Strengths, Limitations, and Situational
Applicability
1. The AI Legal Agent
2. Theories of Agency and their Applicability to AI
3. Key Elements of a PrincipalAgent Relationship
4. Problems with Modern AI as a Legal Agent
5. Agency and Situational Utility
Chapter 4AI as Property: A Limited View?
1. Proprietary Nature of AI
2. Can AI Be Construed as Non-IP Property?
3. AI as Intellectual Property
4. Other Important Considerations
5. Characterising AI as PropertySufficient?
6. Artificial Intelligence: More than Merely Property
Chapter 5A New Legal Characterisation: Hierarchical Legal Personality for
AI
1. Artificial Intelligence What Should it be Legally?
2. The Unique Characteristics of AI
3. A Hierarchical Model of Legal Personhood
4. Incorporating Agency and Property into the Hierarchical Legal Personality
Model
5. Resolving Characterising AI and its Importance for Liability

Part III
Chapter 6Adapting Causation Principles for AI
1. Causation: A Threshold Issue
2. Legal Causation and AITheoretical Approaches
3. Evaluating Proposed Causation Solutions in an AI Context
4. Additional Problems with Causation Approaches in an AI Context
5. Alternative SolutionNeed for A Situational Approach to Causation
6. The Need for a Situational Approach to Causation for AI
Chapter 7Narrowing Liability: Questions of Context and Who Could Be Liable
1. Other Threshold Issues
2. Context in which AI is Deployed, Scope of Actions and Multiple AI Systems
3. Question of Who Could Be Liable
4. Considering AI in Context: Viewing AI Situationally Rather than through a
Fixed Approach
Chapter 8The Tri-Phase AI Liability Model: A New Liability Approach
1. A Liability Response for AI
2. A New ProposalAlternative Liability Framework
3. Phase 1Identification of Maximum Potential Legal Personhood Status
4. Phase 2Liability Threshold Issues
5. Phase 3Drawing Together Phases 1 and 2: Situational Approach to Deciding
Liability for AI Systems Operating at Different Levels of Ability
6. Evaluation of the Tri-Phase AI Liability Model
7. Reconceiving Liability as a Flexible Paradigm

Part IV
Chapter 9Model in Application: Adapting Theory to Practice
1. Theory Informing Practice
2. The Tri-Phase AI Liability Model Relative to Regulatory Responses
3. Considerations for Stakeholders
4. Beyond Fixed Approaches: The Need for a Situational Response to AI

Conclusion
Bibliography
Estelle Wallingford is a legal academic based in the Department of Business Law and Taxation in the Monash Business School at Monash University, Australia. Her research examines the legal implications arising from the deployment of emerging technologies with a particular interest in artificial intelligence.