ABSTRACT
Today, artificial intelligence (AI) systems are more agentic, more autonomous and more unpredictable, than ever. A major, and underexplored, risk of agentic AI is the threat it poses to the coherence of laws and legal system. One solution is to reclassify some future AI systems as persons rather than as objects under the law. We argue that fictional legal personhood is not fit for purpose, explain why legal identity is the better option, and discuss why hybrid approaches won’t work.
Alexander, Heather and Simon, Jonathan and Pinard, Frédéric, How Should the Law Treat Future AI Systems? Fictional Legal Personhood versus Legal Identity (December 1, 2025).
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