Autore
Cerri, Augusto

Titolo
I ragionamenti del giurista e l’intelligenza artificiale
Periodico
Diritto pubblico
Anno: 2025 - Fascicolo: 1 - Pagina iniziale: 237 - Pagina finale: 255

Artificial Intelligence is able to provide answers and also to make decisions, based on a vast experience, which it elaborates through generalizations and with statistical methods. The law can regulate the input, that is, the acquisition of information by the automaton. This is what EU Regulation 2024/1689 did, in order to protect equality, privacy and human rights. The aforementioned Regulation therefore contains prohibitive provisions and then also a broad set of rules aimed at preventing their violation and monitoring their compliance. Different entities of "risk" are then defined in relation to the degree of the protected principles, the vastness and depth of the possible violation and its probability. It is discussed whether and how there may be margins for torts action. The answers (outputs) that AI can provide may concern the elaboration/interpretation of the legal rule or of the facts / cases to which it must be applied. The fecundity of AI in the elaboration/interpretation of rules is limited, given that it is based on the generalization of human decisions already adopted and, therefore, does not assimilate and cannot assimilate their historical dimension nor predict possible changes. The use of the A.I. for the facts / cases to which the rule must be applied shows problems of guarantee and, therefore, it requires a stricter observance of the obligation to justify (i.e. the motivation behind) an act (rationale) for public law, and, for civil law, of the principles of fairness and good faith.



SICI: 1721-8985(2025)1<237:IRDGEL>2.0.ZU;2-C
Testo completo: https://www.rivisteweb.it/download/article/10.1438/117048
Testo completo alternativo: https://www.rivisteweb.it/doi/10.1438/117048

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