Papers by Bakhit Moh'd AL Dajeh
مجلة جامعة الزيتونة للدراسات القانونية, 2024
There is no doubt that the development of artificial intelligence has created a capacity for self... more There is no doubt that the development of artificial intelligence has created a capacity for self-learning, enabling it to interact with the data set that is fed by humans to reach the startup stage with automatic awareness. This has been reflected in its ability to complete innovative processes that have produced new inventions and literary works that rise to be included in the intellectual property system. Accordingly, the study seeks to explore the future of AI intellectual property rights by highlighting the relationship between AI creations and the growing role towards protecting AI intellectual property, which contributes to challenges in the intersections of AI and the intellectual property system. The idea of recognizing those rights to a non-human being is certainly a matter of great debate and debate in the absence of legislation. This has raised many legal challenges regarding the radical transformations of AI within the intellectual property system, while legal personality theory remains a matter of controversy that may ever be reflected in legislative policies towards hoped-for legal regimes.
WSEAS TRANSACTIONS on INFORMATION SCIENCE and APPLICATIONS, 2024
This legal research explores the jurisprudential aspects of smart contracts in the context of Jor... more This legal research explores the jurisprudential aspects of smart contracts in the context of Jordanian civil legislation. Smart contracts, which are digital programs based on blockchain technology, have emerged as a disruptive force with the potential to revolutionize traditional contractual relations. They autonomously execute binding agreements by adhering to pre-programmed instructions when specific conditions are met, thereby obviating the need for intermediaries. The growing global prominence of smart contracts makes their compatibility with and implications for the legal framework in Jordan an imperative subject of inquiry. Nevertheless, the integration of smart contracts into the existing legal framework presents distinctive challenges, especially within the milieu of Jordanian civil legislation. This research paper aims to conduct a comprehensive analysis of the stance of Jordanian civil legislation regarding smart contracts. By evaluating the compatibility between smart contracts and prevailing legal structures and an exploration of potential ramifications, this study contributes to the discussion concerning the convergence of technological innovation and legal frameworks within the Jordanian context. To achieve this goal, the study utilizes a descriptive, inductive, and analytical approach. The study concluded that the implementation of smart contracts presents legal challenges related to confirming digital mutual consent, aligning legal definitions with blockchain assets, and addressing enforceability concerns associated with self-execution. However, the study puts forth a range of recommendations, with the most significant being the development of mechanisms within smart contracts to confirm the mutual consent of contracting parties through the use of digital identity verification tools and electronic signatures.
College of Law, University of Business and Technology, Jidda, 2024
This research informs a complex space of strict civil liability with respect
to AI applications.... more This research informs a complex space of strict civil liability with respect
to AI applications. With the computer with artificial intelligence becoming a more global economic, social, and natural phenomenon, strict liability with respect to AI-enabled applications has become of paramount importance for current policy and future technological development. This research examines the core legal principles, rules, ethical questions and technological issues surrounding the determination of liability for damages caused by AI. More specifically, this research addresses
the current state of legal rules, ethical rules, and regulatory responses and policies specifically surrounding different forms of AI liability. This research aims to assess the adequacy of certain forms of liability to the unique issues involving AI, assessing the current state of the legal rules, ethical rules and formal regulatory responses involving all forms of liability .Additionally, this research explores several transversal
topics regarding AI accountability, such asbias and justice; transparency; risk assessment; and the full scope of AI contracting. Drawing on the findings of this research, this project proposes ways to enhance comprehensive and adaptive liability rules, promoting transparency, addressing bias and encouraging international responses for AI development. Alongside this work, this research also gathers the findings and proposes responses to the ongoing debate regarding the responsible development of AI and the most effective tactics of accountability in the age of rapid development.
College of Law, University of Business and Technology, 2024
In the realm of legal jurisprudence, it is evident that civil liability is facing
a crisis in ke... more In the realm of legal jurisprudence, it is evident that civil liability is facing
a crisis in keeping up with the rapid advancements in technology and technical developments, particularly in the industrial world. The inability of this liability to provide legal solutions for compensating emerging risks is undeniable. This raises the question of how civil liability has transformed and developed in response to these changes. The purpose of this study is to shed light on the various stages of evolution in civil liability, with a particular focus on the introduction of the concept of fault as the basis for liability. In an era characterized by swift advancements and the industrial revolution, the traditional notion of fault is no longer sufficient for the injured party to seek compensation. A significant leap was made by narrowing the role of fault through the utilization of the concept of presumed fault .This enables the injured party to receive compensation from the responsible party without having to prove personal fault. However, this adjustment did not fully meet the demands and urgent need to align civil liability with scientific, technological, and technical progress, especially in relation to machinery. With the diminishing significance of fault in traditional liability, the concept of objective liability has risen to prominence. This concept finds substantial application in insurance laws pertaining to accidents of different kinds,
as well as damages resulting from nuclear and radiation activities, environmental pollution, and the adverse effects caused by the use of artificial intelligence.
Journal of Ecohumanism, 2024
Civil liability is based on a fundamental principle that anyone who causes harm through their fau... more Civil liability is based on a fundamental principle that anyone who causes harm through their fault is obligated to provide compensation. The essence of this principle is that an individual is held accountable only for their personal conduct, even if it takes the form of omission, particularly within the scope of contractual liability. However, there are always exceptions to the rule. Does an individual bear responsibility for the actions of objects used in the execution or hindrance of a contract, or for causing harm to the creditor, such as tools, means, or machinery used in conjunction with contract execution?Based on this, the study seeks to explore one of the exceptional cases in contractual liability that goes beyond the scope of personal theory in its basic and general concept, namely, contractual liability for the act of the thing.Especially considering that civil legislation, for the most part, has not explicitly addressed the regulation of this liability, which has sparked controversy and discussions regarding adaptation and the determination of the responsible party and the extent of their liability. This study aims to propose logical solutions based on the realities of the available legal principles.
Pakistan Journal of Criminology , 2024
The research explores the concept of liability in the context of smart agents, which are autonomo... more The research explores the concept of liability in the context of smart agents, which are autonomous systems designed to perform tasks and make decisions on behalf of humans or organizations. The study focuses on identifying and analyzing various dimensions of liability associated with these smart agents, particularly in scenarios where they operate independently and make critical decisions. It examines the legal and ethical implications of holding smart agents accountable for their actions, addressing issues such as the attribution of responsibility among the agents, their creators, and users. The research delves into how traditional notions of liability can be adapted to accommodate the complexities of autonomous systems, proposing frameworks and models for determining accountability in cases of malfunction, errors, or unintended consequences. The findings aim to provide a structured approach to managing the legal and ethical challenges posed by the integration of intelligent agents across sectors, and to offer suggested insights into the evolving landscape of technology and liability.
Journal of Ecohumanism, 2024
Research on AI governance is important towards potentially useful and constraining affordable mis... more Research on AI governance is important towards potentially useful and constraining affordable misuse, reduce new risks and economic trends that threaten to disrupt public political and economic trends, and drive off target as interest in advanced AI systems and the norms, focal points, and use of new AI research are potentially transformative and governance institutions aim to prevent. Potential public benefits from policy community re-using AI research are enormous, including reduced economic instability. A fundamental challenge in AI governance is a cognitive framing challenge: governing AI research requires understanding new kinds of safety risks, performance goals, and intended applications that advanced AI systems will make possible. Specifically, the letter focuses on how AI research could mitigate issues such as the possibility of AI capabilities getting concentrated within a small and hard-to-regulate group of actors, and ultimately recommends the prioritization of open research and collaboration, with concern for long-term social and economic looming to the forefront of coalitions if AI becomes an increasingly important aspect of the future economy and society.
International Journal of Religion, 2024
Research on the legal personality of artificial intelligence explores whether AI should be grante... more Research on the legal personality of artificial intelligence explores whether AI should be granted legal rights and obligations akin to natural persons or corporations. Key points include challenges such as AI's lack of physical presence and debates over its agency and autonomy. Proponents argue that AI legal personality could enhance accountability, foster innovation, and protect AI interests. Some countries have made strides in recognizing AI legally, while ethical concerns persist. Alternatives to full legal personhood include creating new legal classifications or focusing on regulating AI developers and users. The study therefore examines the aspects of the possibility of granting legal personal artificial intelligence and the resulting socioeconomic challenges and the extent to which this affects the security aspect of the use. Based on many societal studies and statistics with the aim of reaching a clear position or concluding strategies influential in fateful decision-making policies.
h PalArch’s Journal of Archaeology of Egypt/Egyptology, ISSN 1567-214X., 2021
Legislators are always traying to develop a legal text to move civil responsibility to a modern f... more Legislators are always traying to develop a legal text to move civil responsibility to a modern form which is different from its traditional nature. This study aims to spotlight on the latest development of civil responsibility in France, Egypt and Jordan. Furthermore, this study aims to compare between the approach that the French Legislator, Egyptian Legislator and Jordanian Legislator have follow to clarify the different types of responsibility. This study is juridical-normative with descriptive and comparative analysis. This study adopts the analytical method, which will analyze the legal context related to civil responsibilityy and the studies and jurisprudential opinions that have been exposed to this subject. The data collection was through library and field research. The library research was conducted to seek relevant information by collecting secondary data and valid info that can assist researcher answer the research question. All collected data has been analyzed using qualitative and comparative.
PalArch’s Journal of Archaeology of Egypt/Egyptology, ISSN 1567-214X., 2021
The previous doctrinal and legislative development was not enough to reach a fair system that wou... more The previous doctrinal and legislative development was not enough to reach a fair system that would enable civil responsibility to keep pace with the changes of the times, and to ensure the provision of legal solutions to the new developments. After the industrial revolution and the great development of mechanical equipment and the intervention of technology in industries the number of unknown dangers has increase. The modern jurisprudence is seeking for advanced solutions that take away civil responsibility from the reality of the crisis facing, so the focus would be substantially on the idea of harm, without the search for fault act or not, as the idea of fault act was been decommissioned. The stage of the supposed fault act was the beginning of the path to the next stage to reach a responsibility based on fundamentally of the fault act. This research aims to shed light on objective civil liability, by clarifying its concept, definition and characteristics. The approach used in this study is considered the analytical approach, through the collection and analysis of information, reliance on critical analytical investigation and problem identification.
PalArch’s Journal of Archaeology of Egypt/Egyptology, ISSN 1567-214X, 2020
Civil responsibility occupies an important, prestigious and sensitive position in the legal syste... more Civil responsibility occupies an important, prestigious and sensitive position in the legal system, specifically in the philosophy of civil law. Civil liability gives an Individuals the rights to obtain compensation if he/she suffer from the wrong act of other Individuals by suing them. Therefore, to be an awarded of compensation, the injured party has to have suffered an actual loss, such as; damage to property or financial loss. Nowadays, there is doubt that that civil responsibility is unable to keep up with new developments of life. This research aims to identify the theoretical aspects of the theory of civil liability. Furthermore, this research also aims to clarify what is meant by both contractual liability and omissive responsibility, what is the difference between them using the approach of juridicalnormative with descriptive analysis This study has reach to a result that omissive responsibility and contractual responsibility are differ if we address their original source of obligation, but both responsibility are based on the general and legal obligation of not harming others in the society. Even if their original source of obligation is not the same there is a very great convergence in nature between both of it. Considering this, it is necessary to consider the possibility of establishing a legal system that is independent of the traditional one that would avoid the constraints and challenges of that responsibility.
Conference Presentations by Bakhit Moh'd AL Dajeh
مجلة جامعة الزيتونة الأردنية للدراسات القانونية, 2024
الأنظمة الذكية فرضت أنماطاً وتحديات مستحدثة أخذت طابع الاولوية في الزمن المعاصر والتي تشكل مصدراً... more الأنظمة الذكية فرضت أنماطاً وتحديات مستحدثة أخذت طابع الاولوية في الزمن المعاصر والتي تشكل مصدراً للآمال وبذات الوقت مصدراً للتهديد، كما هو الحال في مسألة الأطر القانونية للذكاء الاصطناعي.
حيث نتناول أهم تلك التحديات المتمثلة في مسألة منح الذكاء الاصطناعي الشخصية القانونية، ومنها التحديات الأخلاقية، وفي جانب المسؤولية القانونية، فكل ما سبق محل خلاف شديد في الأوساط القانونية والبرلمانية، سيما أن تلك الأنظمة تنطوي على ظواهر غير مؤكدة لا يمكن التنبؤ بها، خاصة مع ظهور الذكاء التلقائي (spontaneous intelligence).
إذ نتطلع إلى الاستراتيجيات والنهج المحتملة التي تنطوي على تطوير أطر قانونية واضحة، من خلال التعاون بين الخبراء القانونيين والتقنيين، تطوير المبادئ التوجيهية الأخلاقية، تعزيز الوعي العام، التعليم، والتعاون الدولي.
وبالرغم من كل التحديات إلا أنه يجب الاستجابة لتلك المستجدات رغم المخاطر التي قد تكون متأصلة ونوعية عبر المزيد من البحث لفهم الآثار والعواقب المحتملة لمنح الشخصية القانونية.
الكلمات المفتاحية:
الذكاء الاصطناعي- الشخصية القانونية- المسؤولية القانونية- الاعتبارات الاخلاقية- النهج الدولي.
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Papers by Bakhit Moh'd AL Dajeh
to AI applications. With the computer with artificial intelligence becoming a more global economic, social, and natural phenomenon, strict liability with respect to AI-enabled applications has become of paramount importance for current policy and future technological development. This research examines the core legal principles, rules, ethical questions and technological issues surrounding the determination of liability for damages caused by AI. More specifically, this research addresses
the current state of legal rules, ethical rules, and regulatory responses and policies specifically surrounding different forms of AI liability. This research aims to assess the adequacy of certain forms of liability to the unique issues involving AI, assessing the current state of the legal rules, ethical rules and formal regulatory responses involving all forms of liability .Additionally, this research explores several transversal
topics regarding AI accountability, such asbias and justice; transparency; risk assessment; and the full scope of AI contracting. Drawing on the findings of this research, this project proposes ways to enhance comprehensive and adaptive liability rules, promoting transparency, addressing bias and encouraging international responses for AI development. Alongside this work, this research also gathers the findings and proposes responses to the ongoing debate regarding the responsible development of AI and the most effective tactics of accountability in the age of rapid development.
a crisis in keeping up with the rapid advancements in technology and technical developments, particularly in the industrial world. The inability of this liability to provide legal solutions for compensating emerging risks is undeniable. This raises the question of how civil liability has transformed and developed in response to these changes. The purpose of this study is to shed light on the various stages of evolution in civil liability, with a particular focus on the introduction of the concept of fault as the basis for liability. In an era characterized by swift advancements and the industrial revolution, the traditional notion of fault is no longer sufficient for the injured party to seek compensation. A significant leap was made by narrowing the role of fault through the utilization of the concept of presumed fault .This enables the injured party to receive compensation from the responsible party without having to prove personal fault. However, this adjustment did not fully meet the demands and urgent need to align civil liability with scientific, technological, and technical progress, especially in relation to machinery. With the diminishing significance of fault in traditional liability, the concept of objective liability has risen to prominence. This concept finds substantial application in insurance laws pertaining to accidents of different kinds,
as well as damages resulting from nuclear and radiation activities, environmental pollution, and the adverse effects caused by the use of artificial intelligence.
Conference Presentations by Bakhit Moh'd AL Dajeh
حيث نتناول أهم تلك التحديات المتمثلة في مسألة منح الذكاء الاصطناعي الشخصية القانونية، ومنها التحديات الأخلاقية، وفي جانب المسؤولية القانونية، فكل ما سبق محل خلاف شديد في الأوساط القانونية والبرلمانية، سيما أن تلك الأنظمة تنطوي على ظواهر غير مؤكدة لا يمكن التنبؤ بها، خاصة مع ظهور الذكاء التلقائي (spontaneous intelligence).
إذ نتطلع إلى الاستراتيجيات والنهج المحتملة التي تنطوي على تطوير أطر قانونية واضحة، من خلال التعاون بين الخبراء القانونيين والتقنيين، تطوير المبادئ التوجيهية الأخلاقية، تعزيز الوعي العام، التعليم، والتعاون الدولي.
وبالرغم من كل التحديات إلا أنه يجب الاستجابة لتلك المستجدات رغم المخاطر التي قد تكون متأصلة ونوعية عبر المزيد من البحث لفهم الآثار والعواقب المحتملة لمنح الشخصية القانونية.
الكلمات المفتاحية:
الذكاء الاصطناعي- الشخصية القانونية- المسؤولية القانونية- الاعتبارات الاخلاقية- النهج الدولي.
to AI applications. With the computer with artificial intelligence becoming a more global economic, social, and natural phenomenon, strict liability with respect to AI-enabled applications has become of paramount importance for current policy and future technological development. This research examines the core legal principles, rules, ethical questions and technological issues surrounding the determination of liability for damages caused by AI. More specifically, this research addresses
the current state of legal rules, ethical rules, and regulatory responses and policies specifically surrounding different forms of AI liability. This research aims to assess the adequacy of certain forms of liability to the unique issues involving AI, assessing the current state of the legal rules, ethical rules and formal regulatory responses involving all forms of liability .Additionally, this research explores several transversal
topics regarding AI accountability, such asbias and justice; transparency; risk assessment; and the full scope of AI contracting. Drawing on the findings of this research, this project proposes ways to enhance comprehensive and adaptive liability rules, promoting transparency, addressing bias and encouraging international responses for AI development. Alongside this work, this research also gathers the findings and proposes responses to the ongoing debate regarding the responsible development of AI and the most effective tactics of accountability in the age of rapid development.
a crisis in keeping up with the rapid advancements in technology and technical developments, particularly in the industrial world. The inability of this liability to provide legal solutions for compensating emerging risks is undeniable. This raises the question of how civil liability has transformed and developed in response to these changes. The purpose of this study is to shed light on the various stages of evolution in civil liability, with a particular focus on the introduction of the concept of fault as the basis for liability. In an era characterized by swift advancements and the industrial revolution, the traditional notion of fault is no longer sufficient for the injured party to seek compensation. A significant leap was made by narrowing the role of fault through the utilization of the concept of presumed fault .This enables the injured party to receive compensation from the responsible party without having to prove personal fault. However, this adjustment did not fully meet the demands and urgent need to align civil liability with scientific, technological, and technical progress, especially in relation to machinery. With the diminishing significance of fault in traditional liability, the concept of objective liability has risen to prominence. This concept finds substantial application in insurance laws pertaining to accidents of different kinds,
as well as damages resulting from nuclear and radiation activities, environmental pollution, and the adverse effects caused by the use of artificial intelligence.
حيث نتناول أهم تلك التحديات المتمثلة في مسألة منح الذكاء الاصطناعي الشخصية القانونية، ومنها التحديات الأخلاقية، وفي جانب المسؤولية القانونية، فكل ما سبق محل خلاف شديد في الأوساط القانونية والبرلمانية، سيما أن تلك الأنظمة تنطوي على ظواهر غير مؤكدة لا يمكن التنبؤ بها، خاصة مع ظهور الذكاء التلقائي (spontaneous intelligence).
إذ نتطلع إلى الاستراتيجيات والنهج المحتملة التي تنطوي على تطوير أطر قانونية واضحة، من خلال التعاون بين الخبراء القانونيين والتقنيين، تطوير المبادئ التوجيهية الأخلاقية، تعزيز الوعي العام، التعليم، والتعاون الدولي.
وبالرغم من كل التحديات إلا أنه يجب الاستجابة لتلك المستجدات رغم المخاطر التي قد تكون متأصلة ونوعية عبر المزيد من البحث لفهم الآثار والعواقب المحتملة لمنح الشخصية القانونية.
الكلمات المفتاحية:
الذكاء الاصطناعي- الشخصية القانونية- المسؤولية القانونية- الاعتبارات الاخلاقية- النهج الدولي.