What Role for Ethics in the Law of AI?

The aim of the chapter is to explore the broader scope of the Ethics Guidelines for Trustworthy AI. In particular, the chapter focuses on the reasons that led the EU to develop an ethical approach to AI, seeking to investigate to what extent it is arguable that the ethical principles for a trustworthy AI should be based on the compliance with fundamental rights. It points out that the symbolic value of fundamental rights as embedded within this non-binding tool, shows the normative vision of the EU, mitigating the possible conflict between institutional and private actors involved and their related interests. It argues that neither the ethical approach nor the mere legal design of AI can effectively address the issue of algorithmic inferences and their impact on individuals and society. Finally, it seeks to contextualize the rationales of the Ethics Guidelines within the core issues of the Proposal for AI Regulation (Artificial Intelligence Act), investigating commonalities and differe...