Yashraj Srivastava (Amity U) has posted “The Philosophical Nature of Corporations: Examining Corporate Personality and Liability in the Context of Artificial Intelligence” on SSRN. Here is the abstract:
Identity plays a major role in philosophy to determine the recognition of an entity, and when we talk about identity, we need to determine in what capacity it effects the legal personhood of such entity. Determination of corporate legal personality of an entity is defined well over the years by courts of law; hence the aspects of philosophical identity embody corporate bodies by recognizing it as legal personality. There are two major aspects which determines the philosophical grounds of a corporations; firstly, the personality of a corporation and secondly, the liability which it holds with respect to such personality. With the advent of Artificial intelligence (Herein AI), there is major emphasis of various legal and social changes that it has to offer. Even the corporations are wrapped by the garb of this change. The duality of corporations (Personality and Liability) is also subject to change with the arrival of AI. There are two dimensions wherein the questions of personality and liability will be enquired; firstly, AI driven decisions by a corporation and secondly, companies who provide services featuring AI. The philosophical enquiry in such two dimensions will emphasize the nature of corporate legal personality in this new age of AI. Once there is determination of legal personality of corporation (which is already in this case determined by various courts of law around the world) there is a need to trace the dimensions and range of various rights, duties, liabilities, powers, immunities etc. in the Hohfeldian’s lens. The same will determine the jurisprudential essence of corporations which are subject to AI. In order to dive into the philosophical depths, we need to ascertain the deontological, utilitarianism and ethical implications of AI driven entities in a form of corporations. This will determine the various effects of AI driven corporations in a sociological and moral angle, which eventually will give us a better hold in analyzing it as a legal entity.