Cited by 156Digitalization, Law, and RegulationEthics and Social Impacts of AIArtificial Intelligence in Law

The DOI matches its Crossref record; 52 of the 52 references it cites were found in a registry or an index; none of the 31 sources its claims cite is checked for support yet.

On the Governance of Artificial Intelligence through Ethics Guidelines

Open access
LARSSON, Stefan·2020·Asian Journal of Law and Society

Abstract

This article uses a socio-legal perspective to analyze the use of ethics guidelines as a governance tool in the development and use of artificial intelligence (AI). This has become a central policy area in several large jurisdictions, including China and Japan, as well as the EU, focused on here. Particular emphasis in this article is placed on the Ethics Guidelines for Trustworthy AI published by the EU Commission’s High-Level Expert Group on Artificial Intelligence in April 2019, as well as the White Paper on AI, published by the EU Commission in February 2020. The guidelines are reflected against partially overlapping and already-existing legislation as well as the ephemeral concept construct surrounding AI as such. The article concludes by pointing to (1) the challenges of a temporal discrepancy between technological and legal change, (2) the need for moving from principle to process in the governance of AI, and (3) the multidisciplinary needs in the study of contemporary applications of data-dependent AI.

Overview

AI snapshot

Written from the paper’s full text.

TL;DR

This article uses a socio-legal perspective to analyze ethics guidelines as a governance tool for artificial intelligence, focusing on the EU’s Ethics Guidelines for Trustworthy AI (April 2019) and White Paper on AI (February 2020). It concludes that AI governance faces a temporal gap between technological and legal change, needs to move from principle to process, and requires multidisciplinary research.

Key findings

  • The article argues that AI’s definitional instability—no clear consensus across public, computer-science, and legal contexts—shapes governance, and that contemporary AI mainly includes machine learning, natural language processing, image recognition, neural networks, and deep learning.
  • The EU High-Level Expert Group, consisting of 52 members, defines trustworthy AI as legal, ethical, and robust; it sets out four ethical principles (respect for human autonomy, prevention of harm, fairness, explicability) and seven prerequisites, including human agency and oversight, technical robustness and safety, privacy and data governance, transparency, diversity/nondiscrimination/fairness, societal and environmental wellbeing, and accountability.
  • A 2019 global study identified 84 documents containing ethical principles or guidelines for AI and found relative unanimity on five principles: transparency, justice and fairness, non-harmful use, responsibility, and integrity/data protection, with transparency the single most common; over 350 organizations tested the EU assessment list during 2019.
  • The EU White Paper proposes a risk-based, sector-specific approach distinguishing high-risk applications, initially including healthcare, transport, energy, and parts of the public sector; the article also briefly compares China’s AIDP (2017), Made in China 2025 (2015), and Beijing AI Principles (May 2019) with Japan’s Social Principles of Human-Centric AI (March 2019).

Methods

  • Socio-legal and conceptual analysis of ethics guidelines as a governance tool, with particular focus on EU documents: the Ethics Guidelines for Trustworthy AI (April 2019), the White Paper on AI (February 2020), and related High-Level Expert Group definition and policy documents.
  • Draws on secondary literature and policy documents, including a 2019 global landscape study of 84 AI ethics documents and comparisons to Chinese and Japanese AI governance initiatives.
  • No empirical data collection or sample; the analysis is interpretive and argumentative, concluding with three socio-legal statements on temporality, process, and multidisciplinary research needs.

Limitations

  • The paper states that the Chinese and Japanese developments “will only briefly be addressed here,” so the Asian comparison is explicitly limited.
  • Evident from the text: it is a conceptual/socio-legal analysis without primary empirical data, systematic coding, or measured outcomes; its conclusions are normative and interpretive.
  • Evident from the text: the analysis focuses mainly on EU documents and selected secondary sources, so its findings may not generalize to other jurisdictions or implementation contexts.

Model-written summary. Check it against the paper before relying on it.

Integrity signals

Registry

Crossref · 10.1017/als.2020.19

Cites

52 of 52 references verified0 citation errors · 0 not checkable

Statistics

Nothing to recompute.

Verification

Claims the paper makes

33 Not checked yet · 30 Own interpretation · 9 No basis given

Verify all 31 references — free account
  • Probably not a substantial claim. 55
  • It may state two separate claims as one. 23
59 of 59
  • The paper relies on this without support.

    Machine learning depends on large amounts of data or examples as its foundation.

    “which is not least underlined by the dependence of machine learning on large amounts of data or examples as its foundation.”
  • The paper relies on this without support.

    Societal use and dependency on AI and machine learning are increasing.

    “As societal use and dependency on AI and machine learning are increasing, society increasingly needs to understand any negative consequences and risks, how interests and power are distributed, and what needs exist for both legal and other types of governance.”
  • The paper relies on this without support.

    The intelligence concept leads to human associations such as feelings and self-awareness that are not a living part of current applied AI.

    “The intelligence concept also leads to a number of human associations, such as the ability to have feelings and self-awareness that cannot be said to be a living part of the methods and technologies that are causing the explosion of applied AI today, and thus not a central object for governance through ethics guidelines.”
  • The paper relies on this without support.

    The Ethics Guidelines have had a clear impact on the subsequent White Paper on AI.

    “The Ethics Guidelines have had a clear impact on the subsequent White Paper on AI from the EU Commission (see below) but it still remains to be seen what sort of importance and impact all of these sources will have on European AI development.”
  • The paper relies on this without support.

    The composition of the High-Level Expert Group has not avoided criticism.

    “The composition has not avoided criticism, however.”
  • The paper relies on this without support.

    When the Ethics Guidelines were published, they were criticized by members of the expert group itself.

    “When the Ethics Guidelines were published, they were also criticized by members of the expert group itself.”
  • The paper relies on this without support.

    The Commission's intention that all Member States should have their own AI strategies by the middle of 2019 did not completely materialize.

    “For example, the Commission expressed an intention that all Member States should have their own strategies in place by the middle of 2019, which did not completely materialize.”
  • The paper relies on this without support.

    The Chinese and Japanese developments on AI policy and governance are significant from an Asian socio-legal perspective.

    “From an Asian socio-legal perspective, the Chinese and the Japanese developments on AI policy and governance are significant but will only briefly be addressed here.”
8 of 8

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Citations

Cites

Show all 51 references

Research works printed but not linked: 5

  1. 2019, A Definition of AI: Main Capabilities and Disciplines: Definition Developed for the Purpose of the AI HLEG’s Deliverables
  2. 2017, New Generation Artificial Intelligence Development Plan (AIDP)
  3. Legg, 2007, Advances in Artificial General Intelligence: Concepts, Architectures and Algorithms, 157, 17
  4. 2019, Policy and Investment Recommendations for Trustworthy Artificial Intelligence
  5. 2019, Ethics Guidelines for Trustworthy AI

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Metadata

Authors
LARSSON, S.
Affiliations
Lund University (SE)
Corresponding author
LARSSON, Stefan
Venue
Asian Journal of Law and Society
Published
2020-10
Volume
7
Issue
3
Pages
437-451
ISSN
  • 2052-9015 (ISSN-L)
  • 2052-9023
OpenAlex
W3028544364
Cited by
156
References
51
Citations by year
2026: 27 · 2025: 34 · 2024: 36 · 2023: 29 · 2022: 14 · 2021: 12 · 2020: 4
FWCI
96.47
Type
journal article
Language
en
Open access
Locations
  • Asian Journal of Law and Society (publishedVersion, cc-by)
  • Lund University Publications (Lund University) (submittedVersion, other-oa)
Funders
  • Lunds Universitet (2019-00198)
  • Vetenskapsrådet (2019-00198)
Topics
  • Social Sciences › Law › Digitalization, Law, and Regulation
  • Physical Sciences › Computer Science › Artificial Intelligence › Ethics and Social Impacts of AI
  • Social Sciences › Law › Artificial Intelligence in Law
Keywords
AI governance, ethics guidelines, trustworthy AI, AI legislation, socio-legal analysis, China AI policy

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