Comparative Law of AI and New Technologies
Students will examine from a comparative perspective the main hard and soft lawregulatory models of new technologies in a transnational environment, with a particular focus on the latest EU regulatory strategies in the field of AI. The aim of the course is to be able to verify the progressive convergence between systems and, above all, the generation of regulatory models of a transnational matrix, which in turn affects individual national systems. The legal problems deriving from the development of new technologies will be examined from different points of view. First, the methods of producing rules will be examined, in order to highlight how traditional forms are joined by new forms, which are independent from both the general criteria for the recognition of legal sources and the criteria imposed by the territoriality of the law. The relationship between law and technology will be analyzed in depth, in order to verify the growing impact of the latter on the choices that give rise to patterns of behavior. The comparative approach will allow, among other things, to assess whether and to what extent the different conformation of the internal source system has an impact on the different degree of transposition of social inputs. On a methodological level, particular attention will be paid to the study of concrete cases that can be defined as paradigmatic, either for the attitude of the organization in which they act as a model, or for the social importance covered by the problems faced. From all the cases analyzed, a reconstruction will be drafted of the flows that characterize the circulation of models and legal solutions, and which contribute to a convergence between systems.