ARTIFICIAL INTELLIGENCE AND LAW

ARTIFICIAL INTELLIGENCE AND LAW

Giuseppe Corasaniti

Instructional goals

The course aims to provide students with systematic knowledge of artificial intelligence, its legally relevant applications, and its regulation, as the concluding segment of the progressive educational pathway devoted to the relationship between intelligent machines and law. The course seeks to develop students’ ability to understand the logic of machine learning processes and autonomous algorithmic decision-making, while fostering the acquisition of the theoretical, technical, and legal skills needed to assess the implications of AI across the different domains of contemporary legal experience. The course addresses the essential concepts of AI theory, natural and formal languages, as well as the logical foundations of algorithms and machine learning, together with the practical implications of AI ethics. It also introduces the national, European, and international regulatory framework for artificial intelligence, with particular reference to the European strategy, the AI Act, the Italian law on AI, and the main multilateral and comparative approaches. Through an empirical and laboratory-based approach, grounded in the analysis of practical cases, concrete applications, regulatory scenarios, and emerging legal issues, a specific part of the course is devoted to examining the implications of AI across different areas of law. The objective is to train jurists capable of critically interpreting and operationally applying legal categories to the phenomena of artificial intelligence, while understanding both the technical foundations of autonomous systems and the regulatory, protective, and liability-related needs arising from the use of intelligent machines in digital society.

Intended learning outcomes

The course aims to provide students with systematic knowledge of artificial intelligence, its legally relevant applications, and its regulation, as the concluding segment of the progressive educational pathway devoted to the relationship between intelligent machines and law. The course seeks to develop students’ ability to understand the logic of machine learning processes and autonomous algorithmic decision-making, while fostering the acquisition of the theoretical, technical, and legal skills needed to assess the implications of AI across the different domains of contemporary legal experience. The course addresses the essential concepts of AI theory, natural and formal languages, as well as the logical foundations of algorithms and machine learning, together with the practical implications of AI ethics. It also introduces the national, European, and international regulatory framework for artificial intelligence, with particular reference to the European strategy, the AI Act, the Italian law on AI, and the main multilateral and comparative approaches. Through an empirical and laboratory-based approach, grounded in the analysis of practical cases, concrete applications, regulatory scenarios, and emerging legal issues, a specific part of the course is devoted to examining the implications of AI across different areas of law. The objective is to train jurists capable of critically interpreting and operationally applying legal categories to the phenomena of artificial intelligence, while understanding both the technical foundations of autonomous systems and the regulatory, protective, and liability-related needs arising from the use of intelligent machines in digital society.

Course Contents

1. Introduction to and Theory of Artificial Intelligence • essential definitions • cognitivism (strong AI and A. Turing) and behaviourism (weak AI and J. Searle) • natural languages and formal languages 2. Algorithms and Machine Learning: Logical Foundation (students should be able to understand the logic underlying autonomous learning and decision-making processes) • supervised and unsupervised learning • generative AI • predictive algorithms • biases and hallucinations • neural networks 3. Rationality and Algorithmic Decision-Making • transparency as “explainability” • fairness • quality • responsibility • human-centricity 4. Law and Regulation of Artificial Intelligence • the European strategy and the AI Act • the Italian AI Law • main multilateral international approaches(UN and OECD) and main comparative approaches (US and PRC) (topics may be selected according to the Chairs’ preferences, provided that the approach remains empirical and laboratory-based, moving from the specific practical case to the broader issue or principle. Possible areas may include:) • criminal law (criminal liability, predictive policing, and predictive justice) • civil law (legal personhood and algorithmic civil liability) • autonomous driving • intellectual property and generative AI • labour law • marketing • algorithmic democracy and elections • AI and legislation • algorithmic administration • autonomous weapons systems

Reference Books

Teaching materials consist of the content of the lectures delivered by the instructor, the related handouts, and other materials shared on MyLuiss. Recommended readings (mandatory for non-attending students): G. Corasaniti Datascience e diritto ,certezze artificiali e benefici del dubbio 2022 ; Sicurezza informatica e intelligenza artificiale Rischio e resilienza nello spazio giuridico europeo Giappichelli 2025; G. Corasaniti , Cyberetica Luiss University press 2026

Teaching Methods

Learning: lectures and online quizzes Practice: guest lectures by experts, case studies, and simulations Inquiry: analysis of ideas and information across a range of materials and resources, using legal databases to collect and analyse data and compare texts Collaboration: small-group work, discussion of peers’ findings, and development of shared outcomes Discussion: seminars and in-class group discussions Production: essays, reports, and presentations

Assessment Method

The final grade, expressed on a 30-point scale and included in the overall grade point average, will be determined on the basis of the following components and corresponding percentages: 75% assessment of coursework completed during the course (midterm exam for attending students and final test and interview for non-attending students) 10% active participation in class 15% final examination (either written or oral)

Thesis assignment criteria

Exam grade obtained for the proposal of an experimental or original topic

Week 1

Definition of Artificial Intelligence. History of Artificial Intelligence.Alan Turing and Turing 's test. Evolution of artificial intelligence and general legal problems: imputability, responsibility, reconstruction ,"free will" reconstruction of decision and decision-making algorithm .

Week 2

ai history and general problems. Statistoc society and informations demans. Introduction to LLMs and their application in the legal field.

Week 3

Memory and practice in identifying the parameters of legal decisions. Legal analysis exercises. Legal text analytics and argument mining. Recognize and classify legal document templates. Indexing of texts and decision-making models .

Week 4

Wiener and Moor:e' s theories Cybernetics and the "policy-vacuum" concept. Need for new laws for unprecedented technical scenarios; evolution from ethical codes to binding regulations

Week 5

Heidegger: Technology as "Enframing" (Gestell) and nature as "standing reserve. Transformation of common goods into resources; impact of tech dominance on freedom and the truth of being

Week 6

Hans Jonas: The Responsibility Principle and the imperative for future generations. Foundation of the precautionary principle and laws protecting the biosphere against technical excess

Week 7

Ethics and Responsibility. Automatic decision-making and the main issues of civil liability for automatic decisions.AI Epistemology: The "Black Box" problem and decisional opacity

Week 8

Artificial Intelligence and institutional, professional and entrepreneurial organization. Definition of algorithms of legal content: between predictability and adaptation to the concrete situation. Predictive algorithms and re-cognitive algorithms.

Week 9

Applications and implications of Artificial Intelligence in the civil and criminal field. Guide to the construction of a model in the legal or judicial field. The premises of the legal decision . The simulation of the decision and its effects. Choice Architectures: Digital nudges and the erosion of individual autonomy

Week 10

Artificial intelligence and European GDPR the proposal for a European Regulation on artificial intelligence. Informed consent and artificial intelligence International regulation of personal data and artificial intelligence applications. Business applications and control issues.

Week 11

Moral Agency: Implicit vs. Explicit moral agents. Legal qualification and liability for damages caused by "unfriendly" artificial agents

Week 12

Course conclusions and summary of the main topics covered.