AI 中文总结
研究人工智能治理中合法性这一自主监管目标,指出其与对齐不同。分析人工智能合法性在透明度、私人权力和行政自动化方面的问题,探讨法律作用并提出整合、熟悉度、争议三个原则以解决相关问题。
AI 中文摘要
人工智能系统已在进行治理,如对言论排序、分配注意力等。当前人工智能治理的主导框架是对齐,关注系统是否安全追求正确目标,但未解决目标设定和执行的正当性问题。本文认为合法性是自主监管目标,与对齐不同且不由其保障。文中指出人工智能合法性在透明度、私人权力和行政自动化三方面出现问题,并探讨法律能发挥的作用,还提出整合、熟悉度、争议三个可适用原则。
英文摘要
AI systems already govern. They rank speech and allocate attention, filter applicants and triage claims. The dominant frame for AI governance, alignment, asks whether such systems pursue the right objectives safely. It cannot answer a prior question: by what right are those objectives set and enforced? This Article argues that legitimacy is an autonomous regulatory objective, distinct from alignment and not secured by it. Legitimacy here is sociological: the belief among those subject to power that it is exercised rightfully. Performance does not produce that belief. We already have the proof of concept. Social media and search delivered enormous gains on every familiar metric and still triggered a legitimacy crisis, because publics questioned who authorized a handful of firms to set the rules of speech, visibility, and knowledge. It is possible to build a benevolent AI and still face a political crisis over its authority. The Article maps three sites where AI legitimacy falters: opacity, which blocks audiences from forming justified beliefs; private power, where firms exercise public-facing authority without recognizable authorization; and administrative automation, which strains reason-giving, participation, and review inside the state. It then asks what law can contribute. Thin legality (publicity, stability, consistent application) signals non-arbitrariness and buys real recognition, but invites legitimacy-washing when form drifts from practice. Thick legality supplies what form cannot: public authorship of the rules that bind. Three portable principles follow. Integration seats consequential AI rule-setting in venues a polity already treats as authoritative. Familiarity presents rules and reasons in locally credible forms. Contestation guarantees a credible second look with real remedies.