Transaction Costs, Extended Phenotype, and Liability for Artificial Intelligence: A Common Conceptual Framework

This working draft proposes a common conceptual framework for three problems usually treated separately in the literature on liability for harm caused by artificial intelligence: the optimal design of liability rules, the prediction of their success when transplanted across jurisdictions, and the conceptual limit of the framework if AI systems begin to behave as agents with their own interest in persistence. The paper rereads Coase, Calabresi and Melamed, and Shavell through transaction-cost economics, Extended Phenotype Theory, and heterogeneous intentionality, arguing that AI liability must be evaluated not only for static efficiency but also for evolutionary stability under non-compliance pressure, institutional transplantation, and changing agent architecture. This record is part of the Law as Extended Phenotype research program.

Authors

Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-07-25
DOI
https://doi.org/10.5281/zenodo.21562785
Primary Topic
Ethics and Social Impacts of AI
Type
preprint
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preprint

Transaction Costs, Extended Phenotype, and Liability for Artificial Intelligence: A Common Conceptual Framework

Ignacio Adrián LERER
Zenodo (CERN European Organization for Nuclear Research)
Ethics and Social Impacts of AI
preprint

Transaction Costs, Extended Phenotype, and Liability for Artificial Intelligence: A Common Conceptual Framework

Ignacio Adrián LERER
preprint en

Abstract

This working draft proposes a common conceptual framework for three problems usually treated separately in the literature on liability for harm caused by artificial intelligence: the optimal design of liability rules, the prediction of their success when transplanted across jurisdictions, and the conceptual limit of the framework if AI systems begin to behave as agents with their own interest in persistence. The paper rereads Coase, Calabresi and Melamed, and Shavell through transaction-cost economics, Extended Phenotype Theory, and heterogeneous intentionality, arguing that AI liability must be evaluated not only for static efficiency but also for evolutionary stability under non-compliance pressure, institutional transplantation, and changing agent architecture. This record is part of the Law as Extended Phenotype research program.

Zenodo (CERN European Organization for Nuclear Research)
Peace, Justice and strong institutions
Ethics and Social Impacts of AI
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