Algoritmic (Civil) Law: conceptual reconstruction

Abstract

The contribution intends to offer an examination of the multiform variety of algorithms, identify their nature and try to build a “merit screen” for intelligent systems. It moves from the ontological analysis of systems (legal and electronic) to arrive at the inseparable dichotomy “legal values-algorithmic variables”. Furthermore, it tries to investigate, through concrete examples, what should be the functionalization of the new artificial intelligence systems and what, instead, should be the principles on which an AI, ethically and personalistically oriented, must be founded. Finally, it arrives at a responsible statute of intelligent systems and new civil configurations which, in the very runaway era of AI, must be addressed to the promotion and protection of the human person and its intimate dignity.