Abstract

Recent developments in the field of artificial intelligence (AI) present profound challenges for law. These challenges stem from law’s anthropocentrism, which is often left unspoken. This essay examines both the epistemic and normative dimensions of anthropocentrism within German Law, with a focus on Private Law. It defends the proposition that law’s anthropocentrism does not inherently oppose the idea of granting AI some form of legal capacity. Rather, so the essay argues, it is essentially a question of regulatory prudence to determine the conditions and criteria under which the law should grant a legal status, legal capacity, or partial legal capacity to AI entities. Nonetheless, it is crucial to acknowledge that the core principles of private law as well as questions of liability for fault and negligence are rooted in human agency and cannot be directly applied to AI. It will be argued that the legal discourse on the recognition of AI is to be understood as a fundamentally political discourse. The political dimension of that discourse will be analyzed through the lens of the political theories of Hannah Arendt and Jaques Rancière, among others.