Humans have occasionally included nonhuman entities like animals, lakes, and rivers, as well as corporations as legal subjects. Though in some cases these entities can be held liable for their actions, the law only allows humans to fully participate in the legal system.
One major barrier to full access to the legal system by nonhuman entities has been the role of language as a uniquely human invention and a vital element in the legal system. Language enables humans to understand norms and institutions that constitute the legal framework. But humans are no longer the only entities using human language.
The recent development of AI’s ability to understand human language unlocks its potential to interact with the legal system. AI has demonstrated proficiency in various legal tasks, including tax law advice, lobbying, contract drafting and legal reasoning.
A limited liability company is a business structure in the U.S. that protects its owners from personal responsibility for its debts or liabilities (LLC) established in a jurisdiction that allows it to operate without human members; allowing the AI running the LLC to operate autonomously and in a decentralized manner. Under a legal principle known as the internal affairs doctrine, even if only one U.S. state allowed AI-operated LLCs, that entity could operate nationwide – and possibly worldwide. This is because courts look to the law of the state of incorporation for rules governing the internal affairs of a corporate entity.
We believe the best path forward, therefore, is aligning AI with existing laws, instead of creating a separate set of rules for AI. Additional laws can be layered on top of artificial agents but AI should be subject to at least all the laws humans are.
Source: The Conservation
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