Published January 15, 2026 | Version v1
Journal article Open

Friction between autonomous Artificial Intelligence and traditional legal frameworks

Description

This research investigates the friction between autonomous Artificial Intelligence (AI) and traditional legal frameworks. As AI systems transition from passive tools to autonomous decision-makers, the current "Object-Based" legal paradigm which treats software as mere property becomes insufficient. This study explores the viability of "Electronic Personhood," comparing it to the historical evolution of Corporate Personhood. By analyzing the breakdown of the mens rea (guilty mind) requirement in AI-driven torts and crimes, this paper proposes a "Functional Liability Model" to prevent accountability gaps in the digital age.

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