{"title":"从“什么”、“为什么”到“如何”:人工智能调控机制的强制驱动方法","authors":"Krishna Deo Singh Chauhan","doi":"10.1515/gj-2022-0053","DOIUrl":null,"url":null,"abstract":"Abstract Artificial Intelligence (AI) is having a tremendous impact upon commercial activities, socio-economic activities, as well as technological progress. However, there is lack of clarity about the appropriate mechanics of AI regulation. A variety of proposals have been floated, but with little agreement concerning their implementation and interaction. This paper builds a framework to address these concerns. It first identifies the scope of AI for regulatory purposes by establishing the defining characteristic of this technology. In the second part, it identifies four different interpretations of the question, ‘why regulate AI?’, each with a bearing on the purpose of AI regulation. It treats each one of these as an ‘imperative of regulation’. The scope of each imperative is delineated. The last part situates the proposed mechanics of AI regulation within the imperative driven framework. Four broad categories of the mechanics of AI regulation are first described in detail in order to understand their features and are subsequently tested on the touchstone of the four imperatives, thereby ascertaining which of the imperatives drive the mechanics and which are irrelevant. The findings provide theoretical clarity to the AI regulation proposals being mulled over across the globe. The paper concludes with an argument for proactive regulation of AI.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":"23 1","pages":"99 - 124"},"PeriodicalIF":0.0000,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"From ‘What’ and ‘Why’ to ‘How’: An Imperative Driven Approach to Mechanics of AI Regulation\",\"authors\":\"Krishna Deo Singh Chauhan\",\"doi\":\"10.1515/gj-2022-0053\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract Artificial Intelligence (AI) is having a tremendous impact upon commercial activities, socio-economic activities, as well as technological progress. However, there is lack of clarity about the appropriate mechanics of AI regulation. A variety of proposals have been floated, but with little agreement concerning their implementation and interaction. This paper builds a framework to address these concerns. It first identifies the scope of AI for regulatory purposes by establishing the defining characteristic of this technology. In the second part, it identifies four different interpretations of the question, ‘why regulate AI?’, each with a bearing on the purpose of AI regulation. It treats each one of these as an ‘imperative of regulation’. The scope of each imperative is delineated. The last part situates the proposed mechanics of AI regulation within the imperative driven framework. Four broad categories of the mechanics of AI regulation are first described in detail in order to understand their features and are subsequently tested on the touchstone of the four imperatives, thereby ascertaining which of the imperatives drive the mechanics and which are irrelevant. The findings provide theoretical clarity to the AI regulation proposals being mulled over across the globe. The paper concludes with an argument for proactive regulation of AI.\",\"PeriodicalId\":34941,\"journal\":{\"name\":\"Global Jurist\",\"volume\":\"23 1\",\"pages\":\"99 - 124\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-12-19\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Global Jurist\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1515/gj-2022-0053\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Global Jurist","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1515/gj-2022-0053","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
From ‘What’ and ‘Why’ to ‘How’: An Imperative Driven Approach to Mechanics of AI Regulation
Abstract Artificial Intelligence (AI) is having a tremendous impact upon commercial activities, socio-economic activities, as well as technological progress. However, there is lack of clarity about the appropriate mechanics of AI regulation. A variety of proposals have been floated, but with little agreement concerning their implementation and interaction. This paper builds a framework to address these concerns. It first identifies the scope of AI for regulatory purposes by establishing the defining characteristic of this technology. In the second part, it identifies four different interpretations of the question, ‘why regulate AI?’, each with a bearing on the purpose of AI regulation. It treats each one of these as an ‘imperative of regulation’. The scope of each imperative is delineated. The last part situates the proposed mechanics of AI regulation within the imperative driven framework. Four broad categories of the mechanics of AI regulation are first described in detail in order to understand their features and are subsequently tested on the touchstone of the four imperatives, thereby ascertaining which of the imperatives drive the mechanics and which are irrelevant. The findings provide theoretical clarity to the AI regulation proposals being mulled over across the globe. The paper concludes with an argument for proactive regulation of AI.
期刊介绍:
Global Jurist offers a forum for scholarly cyber-debate on issues of comparative law, law and economics, international law, law and society, and legal anthropology. Edited by an international board of leading comparative law scholars from all the continents, Global Jurist is mindful of globalization and respectful of cultural differences. We will develop a truly international community of legal scholars where linguistic and cultural barriers are overcome and legal issues are finally discussed outside of the narrow limits imposed by positivism, parochialism, ethnocentrism, imperialism and chauvinism in the law. Submission is welcome from all over the world and particularly encouraged from the Global South.