Introduction: Can You Punish a Machine? As artificial intelligence (AI) systems increasingly influence real-world outcomes, legal scholars have begun to ask a difficult question: if an AI system causes serious harm, can – or should – we “punish” the AI itself? At first glance, the idea sounds intuitive. If the system “acted” wrongly, perhaps it […]
Machine Intent: Fiction or Legal Necessity? Introduction: Do We Need “Machine Intent” to Make Sense of AI? As artificial intelligence (AI) systems take more autonomous decisions, a controversial idea has emerged in legal scholarship: “machine intent”. Some argue that we should treat AI systems as if they have a kind of intent or mental state, […]
Should AI Systems Be Treated as Legal Persons in Criminal Law? Introduction: From Tools to “Legal Persons”? As artificial intelligence (AI) systems become more autonomous and influential, legal scholars and policymakers are asking a provocative question: should AI systems be treated as legal persons in criminal law? The idea is not entirely new. Legal systems […]
Mens Rea in the Age of Artificial Intelligence Introduction: Can “Guilty Mind” Survive in a World of Algorithms? Mens rea — the “guilty mind” — is one of the pillars of criminal law. Liability is not imposed merely because harm occurred, but because the defendant’s mental state at the time of the act justifies blame […]
Can AI Ever Be a Criminal Actor? Introduction: From Tool to “Actor”? As artificial intelligence (AI) systems become more autonomous, a pressing question arises in criminal law theory: can AI ever be considered a true criminal actor? Self-learning algorithms, autonomous vehicles, robotic surgeons, and decision-making systems in finance and defense increasingly act with minimal human […]