The increasing autonomy of artificial intelligence systems (AI-systems) has put the debate about a possible 'accountability gap' in liability law centerstage. The debate is about a possible failure of incumbent liability regimes to pinpoint the accountable agent, if in the wrongdoing an AI-system is involved. A recent attempt to address this 'accountability gap' is a proposal of the European Parliament, which advances laws on civil liability for the entities that control AI-systems. These newly created entities, which have no blueprint yet in liability law, are called 'Operators'. By branching out on the healthcare applications of AI-systems, this chapter analyzes the concept of operator's civil liability. It starts with a description of the liability concepts presented in the proposed legislation, and how they fit doctrinally with the laws and regulations of the current medical liability regime. Complementing the doctrinal analysis, this chapter employs a law and economics analysis, which showcases that the accountability gap is a serious challenge also from a consequentialist point of view. Lastly, this chapter proposes a few legal alternatives that depart from the incumbent concept of strict liability.
This contribution aims at providing a more concrete and accurate understanding of Doughnut economics, its model, and its ideas. In doing so, it provides a comprehensive description of the Doughnut and its connection with the Sustainable Development Goals. Then, it inquires into the philosophical background of Doughnut economics, elucidating its existential rationale that relies on human dignity. Further, examples of four AI applications are used to showcase how the Doughnut model would address their use and challenges that arise thereof. From this testing exercise transpires the understanding that another limitation is required in the Doughnut model, pursuant to its philosophical background. Therefore, besides economic activities that may breach the ecological ceiling or the social foundation, activities that infringe human dignity, without breaching any of the boundaries, are also incompatible with the Doughnut model. This complementing proposal is conceptually represented within the model of Doughnut economics.
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