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14 - Property/Personhood and AI

The Future of Machines

from Part II - Property

Published online by Cambridge University Press:  21 March 2024

By
Kelvin F. K. Low ,
Wan Wai Yee  and
Ying-Chieh Wu
Edited by
Ernest Lim  and
Phillip Morgan
Ernest Lim
Affiliation:
National University of Singapore
Phillip Morgan
Affiliation:
University of York
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Summary

The conferral of personhood is a choice made by legal systems, but just because it can be done, does not mean that it should. Analogies made between AI systems and corporations are superficial and flawed. For instance, the demand for asset partitioning does not apply to AI systems in the same way that it does with corporations and may lead to moral hazards. Conferring personhood on AI systems would also need to be accompanied with governance structures equivalent to those that accompany corporate legal personhood. Further, the metaphorical ghost of data as property needs to be exorcised.

Keywords

Propertydataagencypersonhoodasset partitioninggovernance structures
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The Cambridge Handbook of Private Law and Artificial Intelligence , pp. 307 - 331
Publisher: Cambridge University Press
Print publication year: 2024

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