This article charts the legal and technological developments that have enabled nonhuman systems, such as artificially intelligent software, to take actions that have significant consequences under private law, such as the making of contracts, the management of companies, and the incursion of tort or restitutionary liability. Because of these developments, it is important to recognize that while the law still serves human ends, “participants” in the legal system are no longer exclusively human; developments in organizational law have driven a shift so that, in a meaningful sense, nonhuman systems are more than the direct instrumentalities of the human beings who have set them in motion. The article gives an overview of the relevant legal and technological developments, evaluates pressures that they may put on the doctrines and concepts of private law, and considers their broader future possible effects on legal theory and on the goals that commentators suppose that law is to adopt.
Shawn Bayern (Mon,) studied this question.