Liability and automation in socio-technical systems
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Ben WAGNER, Matthias C. KETTEMANN, Kilian VIETH-DITLMANN and Susannah MONTGOMERY (eds), Research handbook on human rights and digital technology : global politics, law and international relations (2nd edition), Cheltenham ; Northampton : Edward Elgar Publishing, 2025, Research handbooks in human rights, pp. 221-241
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CONTISSA, Giuseppe, SARTOR, Giovanni, Liability and automation in socio-technical systems, in Ben WAGNER, Matthias C. KETTEMANN, Kilian VIETH-DITLMANN and Susannah MONTGOMERY (eds), Research handbook on human rights and digital technology : global politics, law and international relations (2nd edition), Cheltenham ; Northampton : Edward Elgar Publishing, 2025, Research handbooks in human rights, pp. 221-241 - https://hdl.handle.net/1814/78107
Abstract
In this chapter, we will analyse the impact of automation on the allocation of liability within socio-technical systems (STSs). We will first discuss the relation between responsibility for the execution of a task and legal liability. Then, we will analyse how the introduction of automation in STS gives rise to a redistribution of tasks between human and artificial agents and, therefore, a reallocation of the liability burden. In this regard, we will present an actor-based analysis of liability allocation, taking into account the main types of liability, particularly liability for software failures. Next, we will present some remarks on final liability allocation, taking account of issues such as the level of automation of the technology. In the final section of the chapter, we will present the Legal Case, a methodology to analyse liability allocation in automated STSs and assess the resulting legal risk for all actors involved.
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Published online: 16 January 2025