The ethics of regulation: Social contract insights on the 2024 European Union Artificial Intelligence Act

Abstract

Abstract The paper provides a critical analysis of the EU AI Act (Regulation 2024/1689) within the broader context of contemporary AI developments. Starting from an historical overview on the development of advanced AI systems, it moves the focus onto the intrinsic meaning of Artificial Intelligence to highlight how, despite such fascinating wording, there cannot be a shift of responsibility onto the systems themselves—as was proposed, for example, by the European Parliament resolution of 16 February 2017 with recommendations to the Commission on Civil Law Rules on Robotics (EUR-Lex - 52017IP0051); not until, at least, singularity is achieved. Moral and legal responsibility, therefore, lies with planners, developers, implementers, and all other stakeholders who have an interest in AI systems. Through the lens of social contract theory, drawing on Hobbes’ Leviathan and recent AI ethics scholarship, the paper identifies several weaknesses within the EU AI Act itself, including the rigidity of its risk-based model, its focus on technical compliance rather than societal trust, and gaps in governance and accountability. Building on these findings, it proposes potential solutions, including dynamic risk assessment, stronger participatory mechanisms, and clearer enforcement structures. The need thus emerges to recognize and acknowledge a collective type of responsibility arising from a social contract among all parties involved. The ideal scope is to scale back individual interests in favor of the collective good. While the Act marks the first attempt to create a binding moral and legal framework for trustworthy AI among European Union Member States, its ultimate success will depend on its flexibility and on cultivating a shared sense of responsibility and partnership among all stakeholders.