ARTIFICIAL INTELLIGENCE AND LAW
Instructional goals
This course is the core teaching unit of the academic programme in Legal Informatics, Data Protection, and Artificial Intelligence, forming part of the common core curriculum of the single-cycle Master's degree in Law. Together with its companion courses, it constitutes a unified three-year educational pathway designed to equip students with the knowledge needed to navigate the complex legal challenges posed by artificial intelligence and information and communications technologies in all areas of social and professional life.
Given the interdisciplinary nature of the subject, the course addresses the following areas: new rights arising from the use of intelligent, self-learning machines, civil liability for the use of AI systems, including autonomous vehicles, automatically executed contracts (smart contracts), protection of fundamental rights of the person, relevant EU legislation and Italian and international case law.
By the end of the three-year programme, students will have acquired the technical and legal knowledge required to analyse complex legal problems at the intersection of law and technology, including the use of AI in the legal professions, medicine, and the economic and social sciences. Students will also develop an understanding of the basic architecture of computing languages and AI systems, enabling them to assess the impact of these technologies on fundamental rights and to apply traditional legal categories to entirely novel phenomena.
Intended learning outcomes
Learning Outcomes
Upon successful completion of this course, students will have achieved the following learning outcomes:
Knowledge and Understanding: Students will demonstrate comprehensive knowledge of the foundational principles of the subject, including the current scholarly debate surrounding the application of AI in economic, social, and institutional contexts, as well as the complex legal issues arising from the regulation of intelligent machines across their various fields of application.
Applied Knowledge and Understanding: Students will be able to construct and sustain well-reasoned arguments concerning the legal dimensions of artificial intelligence applications in civil, criminal, and administrative law, as well as in the medico-legal, judicial, robotics, and autonomous transport sectors.
Independent Judgement: Students will be able to gather, critically evaluate, and interpret relevant scientific and legal information and data pertaining to the subject matter.
Communication Skills: Students will demonstrate the ability to communicate ideas, problems, and solutions in the field of AI law clearly and effectively, employing appropriate scientific and legal terminology.
Lifelong Learning Skills: Upon completion of the course, students will have developed the analytical and methodological skills necessary to pursue further study and professional development with a high degree of autonomy.
Course Contents
Intelligent Machines, Inductive Process, and Autonomous Learning - The Thinking Machine: From Turing to Searle - Neural Networks, Deep Learning, and Artificial Intelligence - Justice, fundamental rights and artificial intelligence - The robotic ruling - Intelligent machines and legal professions - Algorithmic administrative activity - Artificial intelligence and personal data protection - Generative artificial intelligence and intellectual property protection - Self-driving cars - Artificial intelligence and robotics - AI, blockchain and electronic voting - Predictive AI and jurisdictional activity.
Reference Books
Recommended text: G. Buonomo, G. Ciacci, A. Costanzo (eds.), Intelligent Machines and Law, Giappichelli, Turin, 2025.
The teaching material consists of the content of the lessons given by the teacher, handouts and documents shared on the course web pages (https://www.my.luiss.it/) or distributed during the lessons.
Teaching Methods
The course is delivered through in-person and online lectures, complemented by individual assignments and group work, including papers, role-playing exercises, and simulations based on current Italian and international case law. Teaching activities also incorporate the analysis of judicial cases and contributions from expert practitioners.
Assessment Method
The assessment framework is designed to reward regular attendance and active participation. The final mark, expressed out of 30, is determined on the basis of attendance, classroom participation, performance in the interim assessments, and the outcome of the final oral examination.
Assessed components: Interim Assessment (after the first part of the course): analysis of a legal case and one open-ended question.
End-of-Course Test (reserved for attending students): a multiple-choice questionnaire consisting of 30 questions.
Eligibility for the end-of-course test, which grants access to the simplified oral examination, is restricted to students who have attended at least two-thirds of the scheduled classes. Justified absences on grounds of study or health may not exceed 50% of total class hours.
Students who obtain a score of at least 26 out of 30 in the end-of-course test will be required, in the oral examination, to answer only on those topics for which incorrect answers were given. The simplified oral examination is valid solely for the first examination sitting at which the student chooses to present.
Thesis assignment criteria
Eligibility for dissertation supervision is subject to the candidate having passed the examination with a strong result following regular attendance. Particular consideration will be given to the originality of the chosen topic and the innovative nature of the selected research methodology.
Week 1
Introduction to the Subject - Introductory concepts: machine learning and deep learning - Generative, predictive, and general artificial intelligence - Key enabling factors: Big Data, computational power, and self-learning algorithms - Intelligent machines and visual art - Machine learning and the predictability of judicial decisions - Generative AI and the drafting of legal documents.
Required Reading: Textbook, Chapters 1.1 and 11
Week 2
The Black Box Problem - Automated learning and neural networks - Symbolic and sub-symbolic systems - The thinking machine: from Turing to Searle - The Loebner Prize - Deductive and inductive reasoning - Expert systems and neural networks
Required Reading: Textbook, Chapters 1.2, 1.4, and 1.5
Week 3
Human and Machine Intelligence - Multiple intelligences, symbolic thinking, and lateral intelligence - The legal definition of artificial intelligence (Art. 3, EU Regulation 2024/1689) - The risks of artificial intelligence - AI and the legal profession: the CCBE and CNF Guidelines
Required Reading: Textbook, Chapters 1.3–4
Week 4
The Loomis Case and the COMPAS System* - Subsequent case law: Flores v. Stanford - Risk assessment tools - AI-assisted crime prevention - Crime linking and hotspot analysis - The Public Safety Assessment - The European Charter on the Use of AI in Judicial Systems.
Week 5
Autonomous Vehicles and AI - Driver assistance systems and artificial intelligence - Product liability for defective AI systems: allocation of the burden of proof - Introduction to robotics and humanoid robots - The Delvaux Report: towards legal "personhood" for machines (European Parliament Resolution 2017/2051, on Civil Law Rules on Robotics) - The principles of the Delvaux Report - Ethical issues - EU Regulation 2024/1689: general principles.
Required Reading: Textbook, Chapters 12 and 13.
Week 6
The AI Act: Prohibited Practices and High-Risk Systems (includes mid-term assessment) - Prohibited practices under the AI Act - High-risk AI systems - Biometric identification - Social credit scoring - Decontextualised processing and other high-risk applications - Low-impact AI systems
Required Reading: Textbook, Chapter 13
Week 7
Actors under the AI Act - Roles and responsibilities: provider, manufacturer, deployer, and end user - Obligations of providers and deployers
- Large Language Models (LLMs) and the protection of fundamental rights of the person.
Week 8
The Problem of Superintelligence - The Lemoine case - Sentient and semi-sentient machines - Artificial consciousness - Deceptive machines - The opinion of the National Bioethics Committee - Algorithmic decision-making and the evolution of administrative case law - AI and administrative discretion.
Required Reading: Textbook, Chapters 13.3, 13.4, and 13.7.
Week 9
Algorithmic Contracts and AI in the Judiciary - "Algorithmic" contracts and the "negotiating" algorithm - The black box problem in contract law
- Automated decision-making - AI and judicial administration: intelligent machines in support of the judge - Applications of "predictive justice"
- The future of predictive machines - Compatibility of predictive machines with EU Regulation 2024/1689.
Required Reading: Course handout and materials available on the course webpage.
Week 10
Artificial Intelligence and Criminal Justice - The role of the judge - Just decisions versus accurate decisions - AI and statutory interpretation - The Law Enforcement Directive and Art. 8 of Legislative Decree No. 51/2018 - Art. 15 of Law No. 132/2025 and the recommendations of the CSM (Consiglio Superiore della Magistratura)
Required Reading: Course handout and materials available on the course webpage.
Week 11
The LIBE Committee Study: AI, Criminal Law, and Fundamental Rights - Use of AI in preliminary investigations - Security measures and preventive measures - Assessment of flight risk and risk of destruction of evidence - Reliability of witness testimony
- Crime scene reconstruction - Predictive machines and social dangerousness - How VeriPol works.
Required Reading: Course handout and materials available on the course webpage.
Week 12
Smart Contracts, Blockchain, and Decentralised Finance - Issues with smart contracts - Distributed Ledger Technologies (DLTs) and blockchain
- "Augur" and dispute resolution - The theory of collective wisdom - Decentralised Finance (DeFi) and systemic vulnerabilities - Algorithmic contracts
- Blockchain and remote voting
Required Reading: Textbook, Chapters 10 and 14