Diffusion individueller rechtlicher Verantwortlichkeit beim Einsatz Lernender Systeme

authored by
Susanne Beck
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.

Organisation(s)
Faculty of Law
Type
Article
Journal
Monatsschrift fur Kriminologie und Strafrechtsreform
Volume
106
Pages
29-37
No. of pages
9
ISSN
0026-9301
Publication date
28.02.2023
Publication status
Published
Peer reviewed
Yes
ASJC Scopus subject areas
Law
Sustainable Development Goals
SDG 16 - Peace, Justice and Strong Institutions
Electronic version(s)
https://doi.org/10.1515/mks-2022-0027 (Access: Closed)