ATTRIBUTION OF PERSONHOOD TO ARTIFICIALLY INTELLIGENT MACHINES

Shivangi Shukla, Rahul Pareek · 2024

This research paper explores the concept of attributing legal personhood to Artificially Intelligent Machines (AIMs). It delves into the evolving nature of legal personality, traditionally reserved for humans and certain non-human entities like corporations and religious idols, and examines its potential extension to AIMs. The study is grounded in various jurisprudential theories, including the fiction, concession, and bracket theories, which provide a framework for understanding the legal recognition of non-human entities. By analyzing the attributes of intentionality and autonomy, which are pivotal for legal personality, the paper argues that AIMs, particularly those with advanced self-learning capabilities, could be considered legal persons. Furthermore, it reviews significant case laws and legislative developments, such as the European Parliament's discussion on "electronic personhood," to highlight the practical implications and future possibilities of this legal evolution. The research ultimately contends that while AIMs currently exhibit dependent legal personality due to their need for human intervention, advancements in AI technology may soon warrant a re-evaluation, potentially leading to the recognition of AIMs as independent legal persons

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