The Missing "A" in ELSI: Why Artificial Intelligence Requires an Aesthetic Dimension

Artificial intelligence has intensified ethical, legal, and social inquiry, but generative systems expose a domain-specific limit in the conventional ELSI framework. This article argues that when AI operates as a cultural producer or perceptual mediator, aesthetics constitutes an analytically distinct dimension. AI-generated art provides the critical test case: legal permissibility, ethical acceptability, social consequence, and aesthetic originality can diverge, while computational similarity does not by itself establish imitation, derivation, transformation, or plagiarism. The article develops two linked claims. First, an independence test shows that questions of form, style, creativity, interpretation, and transformation remain after principal ethical, legal, and social objections are hypothetically resolved. Second, a mediation thesis explains how aesthetic judgment translates measurable resemblance into culturally meaningful relations before or alongside ethical and legal evaluation. On this basis, the article proposes ELSA—Ethical, Legal, Social, and Aesthetic analysis—not as an enlarged checklist but as a relational, domain-sensitive framework. The framework is especially relevant where AI generates cultural artifacts or organizes perceptual visibility. It preserves disciplinary distinctions while clarifying their interaction and offers a more adequate basis for research and governance of culturally operative AI.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-09-13
DOI
https://doi.org/10.5281/zenodo.22732009
Primary Topic
Law in Society and Culture
Type
article
Field-Weighted Citation Impact
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article

The Missing "A" in ELSI: Why Artificial Intelligence Requires an Aesthetic Dimension

Byungkil Choi
Zenodo (CERN European Organization for Nuclear Research)
Law in Society and Culture
article

The Missing "A" in ELSI: Why Artificial Intelligence Requires an Aesthetic Dimension

Byungkil Choi
article en

Abstract

Artificial intelligence has intensified ethical, legal, and social inquiry, but generative systems expose a domain-specific limit in the conventional ELSI framework. This article argues that when AI operates as a cultural producer or perceptual mediator, aesthetics constitutes an analytically distinct dimension. AI-generated art provides the critical test case: legal permissibility, ethical acceptability, social consequence, and aesthetic originality can diverge, while computational similarity does not by itself establish imitation, derivation, transformation, or plagiarism. The article develops two linked claims. First, an independence test shows that questions of form, style, creativity, interpretation, and transformation remain after principal ethical, legal, and social objections are hypothetically resolved. Second, a mediation thesis explains how aesthetic judgment translates measurable resemblance into culturally meaningful relations before or alongside ethical and legal evaluation. On this basis, the article proposes ELSA—Ethical, Legal, Social, and Aesthetic analysis—not as an enlarged checklist but as a relational, domain-sensitive framework. The framework is especially relevant where AI generates cultural artifacts or organizes perceptual visibility. It preserves disciplinary distinctions while clarifying their interaction and offers a more adequate basis for research and governance of culturally operative AI.

Zenodo (CERN European Organization for Nuclear Research)
Peace, Justice and strong institutions
Openalex Percentile: Top 2%
Law in Society and Culture
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