THE LEGAL PERSONALITY OF AI, HUMANITY, AND TRANSHUMANITY

This article proposes a distinct category of legal personality for artificial intelligence systems endowed with autonomous agency, designated as Sachpersönlichkeit. Drawing on the classical distinctions among thing, subject, and person in Kant and Hegel, it examines the impacts of technologies such as machines, robots, AI, wearables, and neural implants on the imputation of responsibility. The text employs dogmatic analysis and normative construction to show that attributing legal personality to things must be functional and limited, with safeguards to preserve the rights of natural persons. It argues that the AI-person would have an attributed personality, with asset segregation and the possibility of technical insolvency, enabling the imputation of conduct and the allocation of risks without anthropomorphizing rights. Finally, it presents normative criteria to identify when an intelligent artifact may be granted personality, discusses regulatory implications, and suggests a liability regime based on risk funds and the solidary liability of the human steward.

Authors

Publication Details

Journal
Revista Foco
Published
2025-08-22
DOI
https://doi.org/10.54751/revistafoco.v18n8-097
Primary Topic
Neuroethics, Human Enhancement, Biomedical Innovations
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

THE LEGAL PERSONALITY OF AI, HUMANITY, AND TRANSHUMANITY

André Oliveira
Revista Foco
Neuroethics, Human Enhancement, Biomedical Innovations
article

THE LEGAL PERSONALITY OF AI, HUMANITY, AND TRANSHUMANITY

André Oliveira
article en

Abstract

This article proposes a distinct category of legal personality for artificial intelligence systems endowed with autonomous agency, designated as Sachpersönlichkeit. Drawing on the classical distinctions among thing, subject, and person in Kant and Hegel, it examines the impacts of technologies such as machines, robots, AI, wearables, and neural implants on the imputation of responsibility. The text employs dogmatic analysis and normative construction to show that attributing legal personality to things must be functional and limited, with safeguards to preserve the rights of natural persons. It argues that the AI-person would have an attributed personality, with asset segregation and the possibility of technical insolvency, enabling the imputation of conduct and the allocation of risks without anthropomorphizing rights. Finally, it presents normative criteria to identify when an intelligent artifact may be granted personality, discusses regulatory implications, and suggests a liability regime based on risk funds and the solidary liability of the human steward.

Revista FocoVol. 18(8)
Openalex Percentile: Top 78%
Neuroethics, Human Enhancement, Biomedical Innovations
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.