Yapay Zeka Hukuka Karşı (Mı?)

Artificial Intelligence versus Law(?) is the book form of a series of conversations between a professor of criminal law and artificial intelligence (ChatGPT 3.5 and 4). The first work in its field to be written by this method, the book was prepared without academic pretension, remaining entirely faithful to the dialogues between the author and the AI. Starting from the fundamental concepts of artificial intelligence, it examines, in conversational format, its effects on the legal system, on human rights and on the legal professions.

Fundamental Concepts and the Nature of Artificial Intelligence

The book opens by defining basic concepts such as "artificial intelligence", "robot", "chatbot" and "ChatGPT". Artificial intelligence is defined as a branch of engineering possessing abilities such as learning, problem-solving and decision-making in imitation of human intelligence. The book draws attention to the fundamental differences between artificial and human intelligence: although AI can process vast data at speed, it lacks the distinctively human capacities of consciousness, self-awareness, creativity, empathy and ethical judgment. The work states that, with current technology, it is not possible for AI to behave like a human being or to replace one — yet it is an indispensable auxiliary tool.

Legal Personality and the Question of Liability

One of the book's main lines of discussion is whether artificial intelligence can have legal personality. The author notes that at present AI is accepted neither as a natural nor as a legal person, and is regarded in law as a "thing" (an object). The possibility of creating a new legal status for advanced autonomous systems in the future — such as the "electronic personality" also proposed by the European Parliament — is discussed.

The conclusion is that, with today's technology, AI has no independent will, no capacity for fault and no consciousness, and therefore bears no civil or criminal liability. For harm caused by AI, it is the humans who design, program, produce or use it who must be held responsible.

Effects on the Legal System and the Legal Professions

The work anticipates that AI will fundamentally transform the legal system and the roles of lawyers.

• Judges and prosecutors: while AI can be a powerful assistant in matters such as evidence analysis and legal research, it cannot replace the judge in decision-making processes requiring ethical evaluation, conscientious conviction and human judgment.
• Attorneys: AI brings great efficiency and speed to document review, legal research and strategy development. Yet a complete takeover of advocacy — a profession demanding human-centred skills such as empathy, client communication and creative defence strategies — is not considered possible under current conditions.
• Legal education: it is argued that in the age of AI, law faculties should add new courses such as "AI and Legal Ethics" and "Data Protection Law" to their curricula.
• Fair trial and human rights: it is discussed that AI, by accelerating proceedings, will serve the right to trial within a reasonable time; but that algorithmic bias may threaten the principles of impartiality and equality, and its capacity for mass data collection the right to privacy.

The book closes by observing that artificial intelligence is not an entity opposed to law, but that it can produce unlawful results when misused or fed with biased data. Its message is that new legal and ethical frameworks must be built — compatible with this technology, grounded in international cooperation, and centred on human rights.