Freiheit ist unberechenbar

Abstract

Is the human predictable by AI, and if so, should we allow it? This paper examines the relationship between these empirical and normative questions from the perspective of the right to free development of personality enshrined in Art. 2 of the German Constitution. Based on an analysis of 50 decisions of the German Constitutional Court, I advocate for the recognition of a right to unpredictability derived from Art. 2(1) of the Constitution. I argue that, even if humans statistically follow patterns, the freedom to act against all probabilities is worth protecting.