The Problem of the Legal Personality of Artificial Intelligence Through the Prism of the Communicative Approach

Purpose. To critically reflect on the idea of endowing “machines” with rights in the conditions of intersubjective reality, relying on the provisions of the communicative theory of law. Methodology is represented by structural-functional, legal-dogmatic and formal-logical methods. In the theoretical part the author introduces the concept of intersubjectivity, which is used as a starting point for assessing the possibility of “machine” subjectivity. In the empirical part of the study, to test the ability of the “machine” to become an equal human subject, the author uses the “Turing test” and the case of the state of Utah, where AI is used as a tool for dispensing prescription medications in the absence of direct medical supervision. Conclusions. Modern law does not require the development of a new form of legal personality for AI, while the classical legal concept of legal personality requires a supporting anthropocentric interpretation. Scientific and practical relevance. The author proposes a new criterion for delineation, which is necessary for recognizing a particular phenomenon as a subject of law, — “trust in the performance of a legal role”.

Authors

Institutions

Publication Details

Journal
legal education and science
Published
2026-10-26
DOI
https://doi.org/10.18572/1813-1190-2026-10-41-44
Primary Topic
Literary and Philosophical Studies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

The Problem of the Legal Personality of Artificial Intelligence Through the Prism of the Communicative Approach

Darya D. Skayanskaya
legal education and science
Literary and Philosophical Studies
article

The Problem of the Legal Personality of Artificial Intelligence Through the Prism of the Communicative Approach

Darya D. Skayanskaya
article en

Abstract

Purpose. To critically reflect on the idea of endowing “machines” with rights in the conditions of intersubjective reality, relying on the provisions of the communicative theory of law. Methodology is represented by structural-functional, legal-dogmatic and formal-logical methods. In the theoretical part the author introduces the concept of intersubjectivity, which is used as a starting point for assessing the possibility of “machine” subjectivity. In the empirical part of the study, to test the ability of the “machine” to become an equal human subject, the author uses the “Turing test” and the case of the state of Utah, where AI is used as a tool for dispensing prescription medications in the absence of direct medical supervision. Conclusions. Modern law does not require the development of a new form of legal personality for AI, while the classical legal concept of legal personality requires a supporting anthropocentric interpretation. Scientific and practical relevance. The author proposes a new criterion for delineation, which is necessary for recognizing a particular phenomenon as a subject of law, — “trust in the performance of a legal role”.

legal education and science
St Petersburg University (RU)
Openalex Percentile: Top 4%
Literary and Philosophical Studies
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.

Laika access coming soon