Endowing Artificial Intelligence with legal subjectivity

Sylwia Wojtczak

doi:10.1007/s00146-021-01147-7

Abstract

This paper reflects on the problem of endowing Artificial Intelligence (AI) with legal subjectivity, especially with regard to civil law. It is necessary to reject the myth that the criteria of legal subjectivity are sentience and reason. Arguing that AI may have potential legal subjectivity based on an analogy to animals or juristic persons suggests the existence of a single hierarchy or sequence of entities, organized according to their degree of similarity to human beings; also, that the place of an entity in this hierarchy determines the scope of subjectivity attributed to it. Rather, it is participation or presence in social life, whatever the role, that is the true criterion of subjectivity. In addition, it is clear that even if AI is not currently a significant participant in social life, it will be in the nearest future. Despite the potential dangers associated with endowing AI with some kind of subjectivity, such a course is inescapable, and should be considered sooner rather than later.

Highlights

This paper reflects on the problem of endowing Artificial Intelligence (AI) with legal subjectivity, especially on the grounds of civil law
Legal subjectivity is understood here as a concept indistinguishable from that of legal personhood; this does not entail accepting that moral subjectivity is that same as moral personhood
Legal subjectivity is a complex attribute which may be recognized in certain entities or assigned to others

Summary

Introduction

This paper reflects on the problem of endowing Artificial Intelligence (AI) with legal subjectivity, especially on the grounds of civil law. Using an analogy with animals or juristic persons to justify awarding potential legal subjectivity to AI requires a certain superficial assumption This analogy assumes that there is a single hierarchy or sequence of entities, organized according to their degree of similarity to human beings, and, secondly, that the place of an entity in this hierarchy or sequence (based on the degree of development) determines the scope of subjectivity attributed to it. At the top of the hierarchy are human beings; these are sentient and have reason which is, according to traditional views, the best, prototypic example of its kind Taking this way of thinking, it can be anticipated that if AI developed to such an extent that it could achieve complete reason, or a form superior to human reasoning, and if it gained some sentience, it would be elevated above collective entities and be ranked on par with human beings..

Sentience and reason

Legal subjectivity as a social fact

Does AI participate or is present in social life?

Should AI be endowed with legal subjectivity?