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Artificial intelligence (AI) involves considerable risks and uncertainties. Consequently, there is a growing need for normative guidance. In addition to an ethical understanding of AI-related issues, a legal framework is needed to ensure that important ethical aspects are adequately considered in the development and application of AI technologies. Therefore, regulatory frameworks have emerged, such as the European Union’s 2024 AI Act. However, it is an open question to what extent AI regulation aligns with AI ethics guidelines. This paper aims to fill this research gap by comparing relevant ethics guidelines with legal frameworks. We focus on ethical aspects that are understood in these texts as ‘principles,’ ‘values,’ ‘recommendations’ or ‘requirements’ and provide a systematization of these aspects. A specific finding of the comparison is that in the current legal proposals, the value ‘well-being’ and its connected principles are not yet operationalized. However, these aspects are shared elements of the main ethics guidelines. This knowledge can be useful for the further development of the legal framework by illustrating important ethical aspects of AI that are not (yet) transferred to the legal realm. It is an open question how the legal system should deal with this issue.

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Comparing AI Ethics and AI Regulation: Ethical Values and Principles and the Case of Well-being

  • 章节

  • 发表日期：

    2026年

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  • Désirée Martin,
  • Michael W. Schmidt,
  • Rafaela Hillerbrand

摘要

Artificial intelligence (AI) involves considerable risks and uncertainties. Consequently, there is a growing need for normative guidance. In addition to an ethical understanding of AI-related issues, a legal framework is needed to ensure that important ethical aspects are adequately considered in the development and application of AI technologies. Therefore, regulatory frameworks have emerged, such as the European Union’s 2024 AI Act. However, it is an open question to what extent AI regulation aligns with AI ethics guidelines. This paper aims to fill this research gap by comparing relevant ethics guidelines with legal frameworks. We focus on ethical aspects that are understood in these texts as ‘principles,’ ‘values,’ ‘recommendations’ or ‘requirements’ and provide a systematization of these aspects. A specific finding of the comparison is that in the current legal proposals, the value ‘well-being’ and its connected principles are not yet operationalized. However, these aspects are shared elements of the main ethics guidelines. This knowledge can be useful for the further development of the legal framework by illustrating important ethical aspects of AI that are not (yet) transferred to the legal realm. It is an open question how the legal system should deal with this issue.