Bridging the accountability gap of artificial intelligence – what can be learned from Roman law?

Abstract

This paper discusses the accountability gap problem posed by artificial intelligence. After sketching out the accountability gap problem we turn to ancient Roman law and scrutinise how slave-run businesses dealt with the accountability gap through an indirect agency of slaves. Our analysis shows that Roman law developed a heterogeneous framework in which multiple legal remedies coexist to accommodate the various competing interests of owners and contracting third parties. Moreover, Roman law shows that addressing the various emerging interests had been a continuous and gradual process of allocating risks among different stakeholders. The paper concludes that these two findings are key for contemporary discussions on how to regulate artificial intelligence.