On the Discussion of the Legal Personality of Artificial Intelligence

The article discusses the possibility of recognizing artificial systems (artificial intelligence) as subjects of law. In the theory of law, the system of properties of a person characterizing him as a subject of law is designated by the concept of legal personality. Legal personality is a complex category that includes such elements as legal capacity, legal age, transaction capacity, etc. At the same time, the primary importance is given to legal capacity — the abstract possibility of having legal rights and obligations recognized by the state. However, in the case of artificial intelligence, before recognizing its legal capacity, it is necessary to establish that it has other elements of legal personality, i.e. its ability to independently exercise its rights, fulfill legal obligations and be responsible for the legality of its actions. The author comes to the conclusion that the level of development of existing artificial intelligence systems does not allow us to talk about the availability of bargaining power, delictworthiness and other properties necessary for the recognition of artificial intelligence as a subject of law.

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Published
2024-08-20
DOI
https://doi.org/10.29039/conferencearticle_66c47270f0a4b9.48822837
Primary Topic
Digital Transformation in Law
Type
article
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article

On the Discussion of the Legal Personality of Artificial Intelligence

Александр Александрович Никитин
Digital Transformation in Law
article

On the Discussion of the Legal Personality of Artificial Intelligence

Александр Александрович Никитин
article en

Abstract

The article discusses the possibility of recognizing artificial systems (artificial intelligence) as subjects of law. In the theory of law, the system of properties of a person characterizing him as a subject of law is designated by the concept of legal personality. Legal personality is a complex category that includes such elements as legal capacity, legal age, transaction capacity, etc. At the same time, the primary importance is given to legal capacity — the abstract possibility of having legal rights and obligations recognized by the state. However, in the case of artificial intelligence, before recognizing its legal capacity, it is necessary to establish that it has other elements of legal personality, i.e. its ability to independently exercise its rights, fulfill legal obligations and be responsible for the legality of its actions. The author comes to the conclusion that the level of development of existing artificial intelligence systems does not allow us to talk about the availability of bargaining power, delictworthiness and other properties necessary for the recognition of artificial intelligence as a subject of law.

Ulyanovsk State Agricultural Academy named after PA Stolypin (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 74%
Digital Transformation in Law
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