Forgotten Boundaries in Law: On AI and Neurotechnology

Abstract

This article focuses on the intersection of private law, science and technology studies (STS) and frontier technologies such as artificial intelligence (AI) and neurotechnology to demonstrate how myths and narratives shape sociotechnical developments. It examines how private law traditionally relies on the concept of the ‘natural person’, with clear boundaries between inner and outer realms – a myth that influences law and technology scholarship. The article first analyses different narratives applicable to AI and neurotechnology that challenge established legal concepts such as persons and things. Then, through narrative analysis, it demonstrates how private law has been transformed by, and simultaneously transforms, various technoscientific practices. The perspective deployed in this article aims to contribute to law and technology scholarship by introducing a comparative and pluralistic methodology that combines historical and comparative legal analysis with STS to understand the mutual shaping of law and technology.