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Volume 58

Law, Governance and Technology Series

Series Editors
Pompeu Casanovas
UAB, Institute of Law and Technology UAB, Barcelona, Spain

Giovanni Sartor
University of Bologna and European University Institute of Florence,
Florence, Italy

The Law, Governance and Technology Series is intended to attract

manuscripts arising from an interdisciplinary approach in law, artificial
intelligence and information technologies. The idea is to bridge the gap
between research in IT law and IT-applications for lawyers developing
a unifying techno-legal perspective. The series will welcome proposals
that have a fairly specific focus on problems or projects that will lead to
innovative research charting the course for new interdisciplinary
developments in law, legal theory, and law and society research as well
as in computer technologies, artificial intelligence and cognitive
sciences. In broad strokes, manuscripts for this series may be mainly
located in the fields of the Internet law (data protection, intellectual
property, Internet rights, etc.), Computational models of the legal
contents and legal reasoning, Legal Information Retrieval, Electronic
Data Discovery, Collaborative Tools (e.g. Online Dispute Resolution
platforms), Metadata and XML Technologies (for Semantic Web
Services), Technologies in Courtrooms and Judicial Offices (E-Court),
Technologies for Governments and Administrations (E-Government),
Legal Multimedia, and Legal Electronic Institutions (Multi-Agent
Systems and Artificial Societies).
Editors
Henrique Sousa Antunes, Pedro Miguel Freitas, Arlindo L. Oliveira,
Clara Martins Pereira, Elsa Vaz de Sequeira and Luís Barreto Xavier

Multidisciplinary Perspectives on
Artificial Intelligence and the Law
Editors
Henrique Sousa Antunes
Faculty of Law, Universidade Cató lica Portuguesa, Lisbon, Portugal

Pedro Miguel Freitas

Faculty of Law, Universidade Cató lica Portuguesa, Porto, Portugal

Arlindo L. Oliveira
Instituto Superior Técnico, University of Lisbon, Lisbon, Portugal

Clara Martins Pereira

Durham Law School, Durham, UK

Elsa Vaz de Sequeira

Faculty of Law, Universidade Cató lica Portuguesa, Lisbon, Portugal

Luís Barreto Xavier

Faculty of Law, Universidade Cató lica Portuguesa, Lisbon, Portugal

ISSN 2352-1902 e-ISSN 2352-1910

Law, Governance and Technology Series
ISBN 978-3-031-41263-9 e-ISBN 978-3-031-41264-6
https://doi.org/10.1007/978-3-031-41264-6

© The Editor(s) (if applicable) and The Author(s) 2024.

This is an open access publication

Open Access This book is licensed under the terms of the Creative
Commons Attribution 4.0 International License (http://​
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adaptation, distribution and reproduction in any medium or format, as
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source, provide a link to the Creative Commons license and indicate if
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The use of general descriptive names, registered names, trademarks,

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relevant protective laws and regulations and therefore free for general
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The publisher, the authors, and the editors are safe to assume that the
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Preface
About the Book
This book is the outcome of a collaborative effort.
Five years ago, research group “Law and Artificial Intelligence”—
hosted by the Cató lica Research Centre for the Future of Law
(Universidade Cató lica Portuguesa—UCP, Lisbon, Portugal) and led by
Henrique Sousa Antunes (UCP) and Arlindo Oliveira (Instituto Superior
Técnico—IST)—started an ongoing scientific dialogue among scholars
with diverse backgrounds and interests: law, computer science,
neurosciences, and ethics. Since then, AI has further increased its role
as the main driver of the contemporary digital transformation. As it
continues to grow into an omnipresent set of general-purpose
technologies, new questions need addressing. Among them, there are
many outstanding technical, societal, ethical, legal, and regulatory
questions, but rather than trying to focus on just one set of queries, this
book is an attempt at understanding a broad number of problems from
a distinctive multidisciplinary lens.
Some of the contributors to this book are members of the “Law and
Artificial Intelligence” research group. Others are prominent
researchers who have been invited to share their unique views on these
topics. Others still have been selected to contribute to this project
through a peer-review process, following a dedicated Call for Articles.
Section I addresses “Scientific, technological and societal
achievements in Artificial Intelligence,” but rather than gathering
articles from a strictly engineering point of view, it approaches
technical questions that also touch upon an array of societal, legal, and
ethical issues.
In Section II, “Ethical and legal challenges in Artificial Intelligence,”
the authors highlight the multiple risks emerging from the deployment
of AI and attempt to search for answers at the intersection of law and
ethics.
Finally, Section III, “The law, governance and regulation of Artificial
Intelligence,” discusses solutions for regulating AI, with a particular
focus on recent European Union initiatives in this field.
Acknowledgments
The research conducted toward writing this book, as well as its
publication in open access, would not have been possible without
important funding from PAIDC (Plataforma de Apoio à Investigaçã o em
Direito na Cató lica), Cató lica’s Legal Research Support Platform.
PAIDC is a crowdfunding initiative created under the leadership of
Professor Maria da Gló ria Garcia, former Dean of Cató lica Law Faculty
and former Rector of Universidade Cató lica Portuguesa, and directed at
promoting and disseminating high-quality legal research through the
Cató lica Research Centre for the Future of Law.
The donors that made this enterprise possible include some of the
most prestigious law firms operating in Portugal, as well as a number of
current and former professors and alumni of the Lisbon School of Law
of Universidade Cató lica Portuguesa:
Law Firms: Abreu Advogados; Albuquerque & Associados; CMS;
Cuatrecasas; DLA Piper ABBC; Garrigues; Morais Leitã o & Associados;
PLMJ; Rebelo de Sousa & Associados; and VdA.
Professors and Alumni: Diogo Freitas do Amaral; Evaristo Mendes;
Fernando Ferreira Pinto; Francisco Sá Carneiro; Gabriela Rodrigues
Martins; Germano Marques da Silva; Isabel Marques da Silva; Joã o
Miranda de Sousa; Jorge Brito Pereira; Lin Man; Lino Torgal; Luís
Barreto Xavier; Margarida Costa Gomes; Maria da Gló ria Garcia; Maria
da Gló ria Leitã o; Maria Joã o Estorninho; Rogério Alves; and Rui
Medeiros.
As editors of this book, we would like to express our sincere
gratitude to the coordinator of PAIDC, as well as to all institutional and
individual donors.
Henrique Sousa Antunes
Pedro Miguel Freitas
Arlindo L. Oliveira
Clara Martins Pereira
Elsa Vaz de Sequeira
Luís Barreto Xavier
Lisbon, Portugal
Porto, Portugal
Lisbon, Portugal
Durham, UK
Lisbon, Portugal
Lisbon, Portugal
30 May 2022
Contents
Part I Scientific, Technological and Societal Achievements in
Artificial Intelligence
Artificial Intelligence:​Historical Context and State of the Art
Arlindo L. Oliveira and Má rio A. T. Figueiredo
The Impact of Language Technologies in the Legal Domain
Isabel Trancoso, Nuno Mamede, Bruno Martins, H. Sofia Pinto and
Ricardo Ribeiro
Societal Implications of Recommendation Systems:​A Technical
Perspective
Joana Gonçalves-Sá and Flávio Pinheiro
Data-Driven Approaches in Healthcare:​Challenges and Emerging
Trends
Ana Teresa Freitas
Security and Privacy
Miguel Correia and Luís Rodrigues
Part II Ethical and Legal Challenges in Artificial Intelligence
Before and Beyond Artificial Intelligence:​Opportunities and
Challenges
M. Patrã o Neves and A. Betâ mio de Almeida
Autonomous and Intelligent Robots:​Social, Legal and Ethical
Issues
Pedro U. Lima and Ana Paiva
The Ethical and Legal Challenges of Recommender Systems Driven
by Artificial Intelligence
Eduardo Magrani and Paula Guedes Fernandes da Silva
Metacognition, Accountability and Legal Personhood of AI
Beatriz A. Ribeiro, Helder Coelho, Ana Elisabete Ferreira and
Joã o Branquinho
Artificial Intelligence and Decision Making in Health:​Risks and
Opportunities
 Má rcia Santana Fernandes and José Roberto Goldim
The Autonomous AI Physician:​Medical Ethics and Legal Liability
Mindy Nunez Duffourc and Dominick S. Giovanniello
Ethical Challenges of Artificial Intelligence in Medicine and the
Triple Semantic Dimensions of Algorithmic Opacity with Its
Repercussions to Patient Consent and Medical Liability
Rafaella Nogaroli and José Luiz de Moura Faleiros Jú nior
Part III The Law, Governance and Regulation of Artificial
Intelligence
Dismantling Four Myths in AI &​EU Law Through Legal Information
‘About’ Reality
Ugo Pagallo
AI Modelling of Counterfactual Thinking for Judicial Reasoning
and Governance of Law
Luís Moniz Pereira, Francisco C. Santos and Antó nio Barata Lopes
Judicial Decision-Making in the Age of Artificial Intelligence
Willem H. Gravett
Liability for AI Driven Systems
Ana Taveira da Fonseca, Elsa Vaz de Sequeira and
Luís Barreto Xavier
Risks Associated with the Use of Natural Language Generation:​
Swiss Civil Liability Law Perspective
Marcel Lanz and Stefan Mijic
AI Instruments for Risk of Recidivism Prediction and the
Possibility of Criminal Adjudication Deprived of Personal Moral
Recognition Standards: Sparse Notes from a Layman
Pedro Garcia Marques
The Relevance of Deepfakes in the Administration of Criminal
Justice
Dalila Durã es, Pedro Miguel Freitas and Paulo Novais
Antitrust Law and Coordination Through Al-Based Pricing
Technologies
 Maria José Schmidt-Kessen and Max Huffman
The “Artificial Intelligence Act” Proposal on European e-Justice
Domains Through the Lens of User-Focused, User-Friendly and
Effective Judicial Protection Principles
Joana Covelo de Abreu
The European Union’s Approach to Artificial Intelligence and the
Challenge of Financial Systemic Risk
Anat Keller, Clara Martins Pereira and Martinho Lucas Pires
Regulating AI:​Challenges and the Way Forward Through
Regulatory Sandboxes
Katerina Yordanova and Natalie Bertels
Editors and Contributors
About the Editors
Henrique Sousa Antunes

is Associate Professor at Universidade

Cató lica Portuguesa, Faculty of Law (Lisbon School), Portugal. He was

Dean of the School between 2011 and 2013. His area of expertise is
private law and he teaches law of obligations, remedies, property law,
and European consumer law. He belongs to several international
research groups and he is a member of the Cató lica Research Centre for
the Future of Law, where he coordinates a working group on Law and
Artificial Intelligence. Sousa Antunes has published monographs and
articles on a wide range of topics, namely on torts, contracts, property
law, law and artificial intelligence, collective redress, consumer law, and
foundations law.

Pedro Miguel Freitas

 is a Professor at Universidade Cató lica

Portuguesa, Faculty of Law, where he coordinates a Postgraduate

Course in Law and Technology, as well as a course in Law and
Technology in the Law Degree. He obtained his PhD (2016) from the
Law School of the University of Minho. He lectures and researches in
the area of Criminal Law, Criminal Procedure, and Law and Technology.
He is a member of the Cató lica Research Centre for the Future of the
Law, Algoritmi Center, the Latin American Observatory for Criminal
Policy Research and Law Reform, the International Federation for
Information Processing (WG 9.6 and WG 11.7), and the Secure Platform
for Accredited Cybercrime Experts at EUROPOL.

Arlindo L. Oliveira

obtained a BSc in EECS from Instituto

Superior Técnico (IST) and a PhD from the University of California at

Berkeley. He was a researcher at CERN, the Electronics Research
Laboratory of UC Berkeley, and the Berkeley Cadence Laboratories. He
is a distinguished professor of IST, president of INESC, member of the
board of Caixa Geral de Depó sitos and a researcher at INESC-ID. He
authored several books and articles in the areas of algorithms, artificial
intelligence, machine learning, bioinformatics, and computer
architecture. He is a member of the Portuguese Academy of
Engineering and a past president of IST, of INESC-ID, and of the
Portuguese Association for Artificial Intelligence.

Clara Martins Pereira

is Assistant Professor at Durham Law School

and Invited Professor at Cató lica Global School of Law. Clara holds a
DPhil, an MPhil, and a Magister Juris from the University of Oxford, as
well as an MSc in Law and Business and an LLB in Law from Cató lica
Lisbon School of Law. Her research lies at the intersection of financial
law and regulation, technological innovation, and sustainability. In
addition to her academic work, Clara has been working as a consultant
for various international organisations including the World Bank and
ICF.

Elsa Vaz de Sequeira

 is a Professor at Universidade Cató lica

Portuguesa, Faculty of Law. She is the coordinator of the Lisbon Section

of the Cató lica Research Centre for the Future of Law (CRCFL) and a co-
editor of the Cató lica Law Review. She integrates the executive
committee of the working group on Law and Artificial Intelligence. She
was a legal advisor at the Ministry of Culture’s office. She teaches and
develops research in private law, namely foundations of civil law and
contract law. She has published books and articles on different issues of
civil law, namely on civil liability, collision of rights, and co-ownership
of rights.

Luís Barreto Xavier

is an Invited Professor at Universidade

Cató lica Portuguesa, Faculty of Law, in Lisbon, and an Of Counsel at

Abreu Advogados. He was a senior consultant at the Prime Minister
Legal Centre (CEJUR) and a legal clerk for a Constitutional Court Judge.
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