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Advanced Introduction to Law and Artificial Intelligence

Woodrow Barfield Ugo Pagallo

Woodrow Barfield and Ugo Pagallo present a succinct introduction to the legal issues related to the design and use of artificial intelligence (AI). Exploring human rights, constitutional law, data protection, criminal law, tort law, and intellectual property law, they consider the laws of a number of jurisdictions including the US, the European Union, Japan, and China, making reference to case law and statutes.
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Constitutional law challenges

Woodrow Barfield Ugo Pagallo


In Chapter 2 the focus was on human rights law and AI; this chapter continues the analysis of fundamental rights implicated by the use of AI by discussing rights granted under constitutions. Also, personhood rights for AI, a traditional topic of constitutional law, will be emphasized in Chapter 4 so is not discussed in detail here; however, we should note that a current bar to an AI entity (such as a robot) arguing for rights in a court proceeding is the lack of legal personhood status. If an AI is eventually awarded legal personhood rights, many of the rights and legal issues discussed in this chapter would then be relevant.

In general, constitutional law deals with the fundamental principles by which the government or union of nations, as is the case with the EU, exercises its authority. In some instances, these principles grant specific powers to individual governments, such as police powers or the power to tax and spend for the welfare of the population. Other times, constitutional principles act to place limits on what the government can do, such as prohibiting the arrest and incarceration of an individual without sufficient cause or due process. In most nations, rights granted under constitutional law are based on the text of a document ratified at the time the nation came into being, or sometimes after a political crisis led to the adoption of a new constitution.

In the EU, sources of law providing constitutional rights are mostly found...

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