The Algorithmic Personhood
Abstract
This research addresses the legal vacuum created by "Black Box" Artificial Intelligence—systems whose decision-making processes are non-interpretable even to their creators. As AI moves from a predictive tool to an autonomous actor, the traditional requirements of mens rea (guilty mind) and foreseeability in tort law begin to dissolve. This study proposes the adoption of Electronic Personhood as a regulatory fiction, shifting the burden of liability from "intent" to a new standard of Technological Duty of Care. By analyzing the friction between machine opacity and administrative transparency, the research provides a framework for "Functional Accountability" in the digital age.
Fields of Study & Subjects
Digitalization
Law
and Regulation
Literary and Philosophical Studies
Ethics and Social Impacts of AI
Publication details
- Journal / source
- Zenodo (CERN European Organization for Nuclear Research)
- Publication date
- 15 January 2026