المجلة الجزائرية للحقوق والعلوم السياسية
Volume 9, Numéro 1, Pages 1723-1738
2024-06-01
Legal Regulation Of The Public Entity Liability For The Use Of Smart Devices
Authors : Rabhi Ahcene .
Abstract
Abstract The various developments in the field of science and technology have contributed to the expansion of the use of artificial intelligence technologies, namely robots. This phenomenon tends to be more attractive in terms of its characteristics due to its ability to 'minimize human physical effort' on a large scale. However, the evolution of its key features, has, in return, created several legal problems and challenges particularly from a technical perspective. This is due to the inadequacy of norms and legal rules regulating liability. Algorithms, neural networks, and other intelligent programs may be the source of significant material damage to others without the possibility of clearly defining its liability for covering the damages. This is because of the fact that the traditional principles of this legal system often attribute direct liability to either the natural person (the employee) or the judicial person (the public entity). Nevertheless, there is no clause imposing robots to assume culpability or responsibility for faults within the usual legal system. This has lead jurisprudence to review the laws regulating administrative liability and create new ones necessarily involving robots within a multifaceted framework. In this research paper, we offer this attempt as a theoretical approach to establish the legal framework for the liability arising from the use of robots, particularly in the military and medical fields.
Keywords
Keywords Artificial intelligence, robot, vicarious liability, contractual liability, personal liability, objective liability, fault, risks.
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