What I propose in the present article are some theoretical adjustments for a more coherent answer to the legal “status question” of artificial intelligence (AI) systems. I arrive at those by using the new “bundle theory” of legal personhood, together with its accompanying conceptual and methodological apparatus as a lens through which to look at a recent such answer inspired from German civil law and named Teilrechtsfähigkeit or partial legal capacity. I argue that partial legal capacity is a possible solution to the status question only if we understand legal personhood according to this new theory. Conversely, I argue that if indeed Teilrechtsfähigkeit lends itself to being applied to AI systems, then such flexibility further confirms the bundle theory paradigm shift. I then go on to further analyze and exploit the particularities of Teilrechtsfähigkeit to inform a reflection on the appropriate conceptual shape of legal personhood and suggest a slightly different answer from the bundle theory framework in what I term a “gradient theory” of legal personhood.
CITATION STYLE
Mocanu, D. M. (2022, January 11). Gradient Legal Personhood for AI Systems—Painting Continental Legal Shapes Made to Fit Analytical Molds. Frontiers in Robotics and AI. Frontiers Media S.A. https://doi.org/10.3389/frobt.2021.788179
Mendeley helps you to discover research relevant for your work.