Beyond Personhood

This paper examines the evolution of legal personhood and explores whether historical precedents—from corporate personhood to environmental legal recognition—can inform frameworks for governing artificial intelligence (AI). By tracing the development of persona ficta in Roman law and subsequent expansions of personhood for corporations, trusts, and environmental entities, the paper reveals how instrumental governance needs rather than inherent moral agency often motivated new legal fictions. These precedents cast light on contemporary debates about extending legal status to AI, particularly as technological systems increasingly operate autonomously and affect human rights, safety, and economic stability. Drawing on rights-based, functionalist, and agency-based theories, the analysis shows that no single approach fully captures AI’s complex profile as both a powerful tool and a non-sentient actor. Instead, a hybrid model is proposed: one that grants AI a limited or context-specific legal recognition in high-stakes domains—such as financial services or medical diagnostics—while preserving ultimate human accountability. The paper concludes that such a carefully bounded status can bridge regulatory gaps in liability and oversight without conferring the broader rights or ethical standing typically afforded to humans or corporations. By integrating case law, international regulations, and emerging scholarship on relational personhood, this study provides a blueprint for policymakers, legal theorists, and technology developers seeking a balanced path that encourages responsible AI innovation while safeguarding public welfare.