ABSTRACT
When deciding about legal subjectivity, one should focus on the fact that the law is not only a human endeavour, but more importantly, a social one. Therefore, an object is regarded as a subject of law only when it participates, or is present, in social life and is believed to be socially valuable; it is not the case that being a subject of law allows participation in social life and having value. As AI is, or will soon become, a participant in social life and thus is or will be attributed with intrinsic or utility value for social relations, it should be endowed with legal subjectivity. However, the legal subjectivity of AI doesn’t have to be similar to human legal subjectivity or the legal subjectivity of juridical persons. It should be punctual, contextual, and limited only to those domains of AI activity in which AI can be justifiably granted subjectivity based on its social role. It is an is inescapable fact that AI will eventually be endowed with subjectivity of some kind, and the earlier we start to think about it, the more ideas are possible. The process of changing the law should accompany technological and social change.
€ (Springer)
Paweł Księżak and Sylwia Wojtczak, Artificial Intelligence and Legal Subjectivity, in Paweł Księżak and Sylwia Wojtczak, Toward a Conceptual Network for the Private Law of Artificial Intelligence (Springer, 2023).
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