Governing Artificial Intelligence In the Digital Commons: A Normative Legal Framework for Education and Cultural Preservation

Abstract

The growing integration of Artificial Intelligence (AI) into education systems and cultural institutions is transforming the digital commons by reshaping how knowledge is produced, accessed, and preserved. Despite rapid technological adoption, existing legal frameworks remain fragmented and insufficient to address the structural implications of AI as a governance infrastructure within shared knowledge ecosystems. This study examines the normative legal foundations required to regulate AI in education and cultural preservation.

Using a normative legal and governance-based analytical approach grounded in public law theory and regulatory governance models, the analysis finds that three structural challenges undermine current regulatory responses: the concentration of algorithmic authority within private actors, asymmetrical data representation affecting cultural diversity, and the absence of enforceable accountability standards in AI-mediated knowledge systems. These gaps risk weakening epistemic equity and the public character of education and cultural heritage.

The study concludes that the digital commons can serve as a coherent normative legal framework for AI governance. It proposes a structured model integrating risk-based regulation, enforceable transparency obligations, and public-interest oversight mechanisms to safeguard inclusive education and cultural sustainability. This framework provides a principled legal foundation for governing AI in shared knowledge infrastructures.