The Concept of Legal Personality and the Capabilties of Artificial Intelligence

Legal personality that a party who consider by law to be able to assume expediency and compulsion as a unique identity. Any person can have authority and responsibility, known as natural person or legal person. Law entrust natural person in according to the reality and the truth. Next, the legal person is through the fictitious way carries on the attribute to the identity, but actually this is not the context.

Nevertheless, that have exception in the law is not all mankind will possesses as legal personality such as Roman law stated that slaves are not treat as a persons. They worked under inhuman conditions. Therefore, it is best to define legal personality as the abstract principle on which the legal relationship is based, or as the name of the condition to become a legal relationship. In the cases of Bank of the United States v. Deveaux, 9 U.S. 5 Cranch 61 61 (1809), where plaintiff argues that the federal courts have no competence to deprivation his power because defendant are not city resident based on company in terms of the diversity of civil jurisdiction instead they are citizens living in that area. Despite that, some of its shareholders live in Georgia so there is no diversity for them. The court held that the plaintiff was a citizen in the particular area will respect of diversity jurisdiction, but reject by court of these case since some of the shareholders also lived in the same area as plaintiff, except for shareholders have expedience to decide the citizenship.

In this situation, the complex features of synthetic technical capabilities in the AI, the typical characteristics of the entities with the ability to operate the system can exercise specific expediency or abide by their responsibility according to their legal status. With the characteristics required to take action, security initiatives will be able to fulfil their responsibility and judge the aftermath of their actions. In this regard, AI will be superior to legal entities subject to the will of their authorized representatives, unable to apply their power in person, perform their responsibility and assess potential consequences. If legal analogy is used, the conferring of legal personality to AI can be expressed as conferring certain expediency and duty to such a system within a specified scope.