Analysis

The Law and Ethics of Artificial Intelligence: Calls for a New “Regime of Norms”

The risks posed by artificial intelligence are as significant as the opportunities it offers.
One of the most fundamental issues related to artificial intelligence is the question of who codes the values and how they code them.
AI systems operate based on big data and may threaten the privacy of individuals.

Paylaş

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Throughout human history, technology has been one of the most powerful tools in transforming human life. However, no other technological leap has brought ethical and legal debates as comprehensive as those triggered by artificial intelligence. The development of AI systems initiates a transformation process that not only affects economic parameters such as productivity and efficiency, but also directly influences core values like human dignity, freedom, equality, and justice. In this context, guiding AI based on ethical principles and determining its legal framework makes it imperative to establish a new regime of norms for the future of humanity.

The opportunities offered by AI are as vast as the risks it brings. Integrated into many areas of life from healthcare and finance to education and judicial systems, these systems increasingly occupy positions that replace or influence human decisions. This situation raises deep concerns about the transparency, accountability, and fairness of decision-making processes. For instance, when an AI algorithm plays a role in a court ruling, the issue is not merely one of technical accuracy but also raises questions about how justice is defined and established. In this regard, whether AI applications comply with human rights norms will become one of the central legal debates of the future.

On the ethical level, one of the most fundamental problems concerning AI is the question of who codes the values and how they are coded. AI systems are not independent of the worldview, value judgments, and biases of their designers. It is highly likely that existing social inequalities and discrimination will be reproduced in the processes of data selection, algorithm training, and result interpretation. Therefore, AI ethics cannot be limited to technical safety measures alone; it must also encompass broader ethical principles such as social justice, inclusivity, and respect for human dignity.

It is evident that traditional legal theories face fundamental challenges in the development of AI law. Classical legal systems are built upon the human subject as an agent with will and responsibility. However, when AI develops a capacity to directly imitate or replace human subjectivity, the existing regimes of legal responsibility face a pressing need for revision. For example, if an autonomous vehicle causes an accident, will the responsibility lie with the manufacturer, the programmer, the user, or the system itself? The answers to such questions push the limits of current legal systems.

Another key issue that arises in AI law is the protection of personal data. AI systems operate based on large data sets and may threaten individuals’ privacy. While regulations like the European Union’s General Data Protection Regulation (GDPR) have taken important steps in the realm of data protection, there are serious criticisms that current regulations may fall short in the face of AI’s predictive, analytical, and manipulative capabilities. In particular, the autonomy individuals should have over their data may be eroded under the dominance of AI systems.

The relationship between AI ethics and law is not limited to normative regulations; it also requires an epistemological transformation. Traditional assumptions about how knowledge is produced, verified, and shared are undergoing radical change in the age of AI. While the unpredictability of algorithms threatens the traceability and rationality of decisions, legal systems must demand greater transparency and accountability to maintain legitimacy.

At this point, the concept of “algorithmic justice” comes to the forefront. It is necessary to question not only whether algorithms are technically accurate but also whether they produce fair outcomes. Otherwise, AI-supported decision mechanisms may become tools that reinforce or even deepen existing social inequalities. In this context, conducting ethical impact assessments in the development and implementation of AI systems should become an inevitable standard in the future.

At the international level, efforts to create normative consensus on AI ethics and law are also noteworthy. International organizations such as the United Nations, UNESCO, and the Council of Europe have issued declarations emphasizing that AI must be developed in accordance with human rights, democracy, and the rule of law. However, these documents are non-binding, and thus their implementation varies depending on national regulations and political will. This leads to fragmented and unequal development of norms in the field of AI.

Another controversial issue in AI law is the “granting of legal personality to autonomous systems.” Some legal scholars argue that certain AI systems should be granted limited legal personhood. According to this view, certain responsibilities could be directly attributed to the system, thereby regulating human actors’ liability indirectly. However, this approach could fundamentally undermine the human-centered legal understanding and cause responsibilities to become blurred. Therefore, proposals to grant AI legal personhood must be approached with great caution and debated thoroughly from both ethical and legal perspectives.

Another significant issue is the “black box” nature of AI systems. Some advanced algorithms can develop their own decision-making processes without human intervention and fail to explain their outcomes. This poses a serious threat to both individuals’ fundamental rights and the fairness of judicial processes. As the legal principle of “comprehensibility” weakens in AI-supported systems, the legitimacy of law may also be damaged. For this reason, developing explainable AI standards has become both an ethical and legal necessity.

How AI law will evolve in the future largely depends on how societies engage with this technology. If AI is shaped solely by economic efficiency concerns, human rights and social justice will be at serious risk. However, if AI systems are developed based on ethical design principles and if the law is reformed to safeguard these principles, technology can become a tool that serves the common good of humanity. At this point, states also bear a major responsibility. Without decisive action from governments, AI may negatively affect many people.

It is important to note that AI regulations should not be based on “hostility toward technology” but rather on the principle of “aligning technology with human purposes.” Otherwise, excessive regulation may stifle innovation, while insufficient regulation may pave the way for chaos. Achieving this balance will be a major challenge for both legal professionals and technology developers.

In conclusion, AI ethics and law play a decisive role at one of the most critical crossroads in human history. This transformation process, which is not only technical but also philosophical, sociological, and political, requires a strong normative framework if humanity wishes to progress while preserving its values. If AI, as a product of human intellect, is to continue serving its creator, questions about how this service is defined, within what limits it operates, and what it means for whom must be placed at the heart of legal and ethical disciplines. The regime of norms for the future will not only determine how intelligent machines function but will also redefine what it means to be human. For this reason AI ethics and law go beyond a technical debate, they are a fundamental call for humanity to rethink its own existence.

Göktuğ ÇALIŞKAN
Göktuğ ÇALIŞKAN
Göktuğ ÇALIŞKAN, who received his bachelor's degree in Political Science and Public Administration at Ankara Yıldırım Beyazıt University, also studied in the Department of International Relations at the Faculty of Political Sciences of the university as part of the double major program. In 2017, after completing his undergraduate degree, Çalışkan started his master's degree program in International Relations at Ankara Hacı Bayram Veli University and successfully completed this program in 2020. In 2018, she graduated from the Department of International Relations, where she studied within the scope of the double major program. Göktuğ Çalışkan, who won the 2017 YLSY program within the scope of the Ministry of National Education (MEB) scholarship and is currently studying language in France, is also a senior student at Erciyes University Faculty of Law. Within the scope of the YLSY program, Çalışkan is currently pursuing his second master's degree in the field of Governance and International Intelligence at the International University of Rabat in Morocco and has started his PhD in the Department of International Relations at Ankara Hacı Bayram Veli University. She is fluent in English and French.

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