Instructional goals
The course constitutes the final teaching of the overall educational structure dedicated to legal informatics and composed of five preparatory laboratories and a final course distributed over the first three years of the single-cycle master's degree course in law at LUISS. The laboratories and the final course of Intelligent Machines and Law constitute a unitary and progressive path studied to develop interest and necessary knowledge on the complex interaction between computer science and law.
The intent is to train jurists ready to face the challenges related to the legal consequences of the use, in every sector of social and working life, of information technologies and, considering the interdisciplinary vocation of the subject, to the "new rights" connected with the increasingly widespread use of self-learning machines.
For this reason, during the course, the legal profiles related to the responsibility for the autonomous driving systems of vehicles, to contracts with automatic execution, the new rights of the person linked to profiling and the so-called credit scoring, the applications at the service of the judge and the judicial administration (also in the criminal sector), with particular attention to community legislation and Italian and international jurisprudence are analyzed.
The student will therefore have to acquire technical and legal knowledge in order to fully understand the conditioning of the technique on the law and the legal effects linked to the use of artificial intelligence.
This is a strategic objective that the Department of Jurisprudence has set itself, in the awareness that a full knowledge of information technologies and their disruptive impact on society, law, markets and institutions at a global level constitutes an indispensable foundation in the preparation of future jurists.
The overwhelming innovation and encouraged by national and European public policies requires versatile professional figures, capable of applying the traditional categories of law to unprecedented technological phenomena, or even of building new ones capable of better regulating the present.
To do this, an understanding of the basic architecture of networks, the languages of mathematics and the logic of algorithms is necessary, in order to fully assess the impact and legal consequences on the fundamental rights of the person.
The Course of Intelligent Machines and Law, as the arrival point of this three-year path of technical and legal studies, constitutes the moment to systematize all the knowledge acquired in a moment of comprehensive analysis and synthesis of the previous laboratories and courses.
Prerequisites
Laboratory of Legal Informatics, Language and Logic of Machines, Artificial Intelligence, Artificial Intelligence, machine learning and law, Digital law and data protection. In particular, to take the exam you must have passed the digital skills assessment test and the preliminary examination of Digital Law and Data Protection.
Intended learning outcomes
Knowledge and comprehension: to achieve knowledge of some cutting-edge topics in the relevant field of study with the appropriate teaching support, knowledge of the debate and rules relating to the application of AI in significant economic and institutional fields, understanding of the practical and intellectual challenges represented by the activity of intelligent machines for law, its general theory and its various practices.
Applied knowledge and comprehension: devising and supporting arguments related to the legal implications of the applications of artificial intelligence in the most diverse socio-economic fields.
Making autonomous judgements: collecting and interpreting scientific and legal information relevant for the subject.
Communication skills: communicating information, ideas, problems and solutions on Legal Informatics, using the specific scientific language.
Ability to learn: having developed the skills necessary to undertake subsequent studies with a high degree of autonomy.
Course Contents
Legal rationality and artificial rationality - Principles for algorithmic decisions - Applications - The intelligence of man and machine - Responsibility for production and management of AI - Self-driving cars - Sentient robots - Responsibility of the owner - Responsibility of the manufacturer - Responsibility "from defective algorithm" - Big data - AI, free movement and personal data - The problem of values: The CEPEJ Ethics Charter on the use of AI in judicial systems - European Parliament Recommendation 051/2017 - The European Commission’s proposal for a regulation on I.A. (21/4/2021) and on robotics - AI and criminal justice - IA and distance trial.
Reference Books
The teaching material consists of the content of the lessons given by the teacher, relative handouts and other materials shared on Luiss Learn. Suggested textbook: Ruffolo, U. (a cura di) - XXVI Lezioni di diritto dell'intelligenza artificiale - Giappichelli, Torino, 2021
Teaching Methods
Frontal and distance teaching; individual exercises and group work (papers, role-playing and simulations on cases taken from Italian and international judicial news); analysis of judicial cases; expert testimony; presentations and assigned research with production of reports, articles and essays.
Assessment Method
The final grade, expressed in 30/thirtieth and regularly within the curricular average of the student, will result from the weighted average of the grades obtained previously in the preparatory laboratories and the outcome of the course exam for the following respective fees:
1/7 Machine Language and Logic (LABGP1)
1/7 Legal Informatics Laboratory (LABGP2)
1/7 Artificial Intelligence (LABGP3)
1/7 Artificial intelligence, machine learning and law (LABGP4)
1/7 Digital law and data protection (LABGP5)
2/7 Intelligent machines and straight (MID1)
The latter’s vote will result from the evaluation of the following items for the respective percentage share:
20% frequency
10% active participation in the classroom
50% assessments of intermediate tests
20% final exam (written and oral)
N.B. In order to assign a vote which corresponds to the weighted average of the votes obtained in the course of Legal Informatics, the student will be admitted to take the exam after presentation of a print from the web selfservice staff with the preparatory exams already passed and the marks obtained.
Thesis assignment criteria
For the assignment of a thesis it is necessary that the candidate has passed the exam with a good score after attending the lessons. The originality of the chosen topic and the experimentation of the chosen research method will be evaluated.
Week 1
Introduction to the study of the subject – Basic concepts: self-learning, general AI, inference and inductive process – Towards the “lex robotica” - The question of values. Rules and learning: law and AI – Machine learning.
Week 2
The intelligence of man and the machine: the differences – The “subjectivity” of machines - Machine learning and neural networks – Symbolic systems and sub-symbolic systems – The two major limitations: understanding data quality. The role of jurists.
The evolution of the human brain ad intelligence – How to compare an intelligent machine – Emotions and intelligence.
Week 3
Disruptive and enabling technologies for legal professions – Some legal apps: eBrevia, Kirasystems, Luminance – AI as “predictive” tools The Loomis case and A.I. tools to support judicial activity - The European Ethical Charter and the five principles: fundamental rights, non- discrimination, data quality, transparency, control.
Week 4
“Strong” and weak algorithms - Law and “product liability” – The liability “from algorithm” - The theory of “human in command” - AI and industrial production: the process of invention assisted by AI and self-learning AI - Introduction to the liability for AI development and maintenance: the defective product - Driverless vehicles – vehicles driven by AI – the driver’s, manufacturer and programmer liability.
Week 5
Introduction to robotics - Autonomous machines and thinking machines - The Delvaux Report: towards "subjectivity" of machines - The problem of the Global Repository of Intelligence - Recommendation 051/2017 of the European Parliament - EU regulation on the I.A. approved on 13/3/2024
Week 6
The principle of liability – The Bioethics Committee Report – Self-driving cars and civil liability – High-risk machines – Introduction to Robotics – The measure of a man: self-awareness, intuition and vital momentum.
Week 7
Product liability and safety of the A.I. products – Defective product liability applicable to intelligent machines – "Algorithm" liability – Artificial intelligence and dangerous activities – Study of a court case.
Week 8
Artificial intelligence and contracts – The control and predictability of AI based contracts – Tomorrow’s contracts (and the future of contracts) – Contracts concluded by intelligent machines – Contracts for A.I. – contracts produced by A.I
Week 9
Algorithmic contracts – The negotiatori algorithm - The robotic decision - Judicial Administration and AI: the intelligent machine at the service of the judge - “predictive” judicial applications.
Week 10
Legal certainty and interpretation of rules: the functions of intelligent machines. The robotized administrative action and the Human-in-command principle – New landing zones in administrative court cases.
Week 11
Artificial intelligence and criminal justice - The problem of ethical values: CEPEJ’s Ethical Code on the usage of AI in judicial systems – The EU Parliament’s LIBE committee’s study on the impact of AI on judicial systems.
Security measures and penalty application – Current limitations in using intelligent machines in application of sanctions.
Week 12
The COMPAS algorithm and the social danger prediction - AI systems and the trial – The algorithms of the telematic trials – Intelligent machines and pre-trial investigations.