人工智能倫理的法律性質

Transforming AI ethics from moral principles into operable, predictable, and calculable ethical compliance practices, including ethical review requires exploring the legal nature of AI ethics, especially how the legal system evaluates and incorporates AI ethics rules. The two traditional socio-legal theories,“juridification”and“nature of thing”, can be used to as analytical tools. On the one hand, compared with overgeneralized concepts such as“legalization”and“standardization,”juridification offers better convergence when analyzing the practical implementation of AI ethics. The existing juridification paths for ethics of science and technology mainly involve three approaches: the justification of emerging rights (especially personal rights) common among deontologists, the soft law and innovative government regulation favored by consequentialists, and the professional ethics approach often employed by virtue ethicists. On the other hand, in deriving normative ethical requirements from the characteristics of AI technology and its industry, legislators or“legal discoverers”can incorporate the concept of nature of thing, abstracting three constraining elements of AI ethics legalization through comparison with biomedical ethics: the technical embeddability of moral rules, increased contextuality, and procedural dependence on technological processes.