The traditional criteria for assigning legal personality can generally be divided into the
rationalist, which adheres to the criterion of whether or not a person has rational qualities, and
the humanist, which takes the criterion of whether a person has humanity. First, rationalist holds
that the criterion for distinguishing between persons and non-persons lies in whether the dry-
observation entity possesses the rational qualities underlying humanity. Rational traits are those
traits that are indispensable for discerning self-interest, developing moral values, reasoning in
complex ways, making optimal choices, and assuming responsibility. The criteria for judging
personality are divided into various categories, depending on the point on which they are focused
(Lee and Shapiro 2014). Cognitive ability is the basic starting point for the theory of human
cognition, and neither those who do not have the cognitive ability nor those who do have the
cognitive ability have legal personality. It is believed that the essence of legal personality
depends on human reasoning, and that cognitive ability is the basis of human reasoning so
humans without cognitive ability must not have legal personality. Conversely, moral competence
holds that reason is born of moral self-repression and that law is derived from morality.
Therefore, all legal persons should first be moral persons, and humans without moral capacity
(mentally incapacitated patients) and non-humans (virtual entities such as artificial intelligence,
and non-human animals) should not enjoy legal personality. Because jurisprudence is derived
from morality, and only humans enjoy morality, it necessarily follows that only humans with
morality enjoy legal personality; the ability to mean, which holds that reason is demonstrated
through the expression of meaning, and that those who can achieve their own ends through their
use of meaning are legal persons. A legal person is a subject capable of the capacity to mean, as
an important factor in the realization of autonomy, is inevitably not a legally recognized person.
According to the humanist school, the difference between a human being and a non-
human being lain in observing whether or not his or her entity possesses the specific
characteristics of humanity. Specifically, they are divided into the sacredness of life, the
perceived suffering, and the fragility of life. The sanctity of life theory holds that only humans
are legally human and that all non-human entities are things (virtual entities such as artificial
intelligence, and non-human animals), both because humans exist based on their innate sanctity
of life over any species and because they are the dominant ones in the world. However, the
fragility of life suggests that the distinction between legally human and non-human is significant
not only because it gives social subjects recognized as subjects of law the right to pursue their
interests and the means to defend them, but also because it complements or enhances the ability
of vulnerable social subjects to defend themselves against external harm. It follows from this that
artificial intelligence is neither a life nor a person. Furthermore, the ability to perceive pain is
said to be superior to that of other species. Although humans are at a more advanced stage of
evolution than other animals, they are not at a higher level than non-human animals. However,
any entity that possesses the ability to perceive pain should be recognized as a human being in
law.
Aishwarya Limaye argues that even the most forward-thinking robot liability policy
legislation does not include autonomous robots as subjects of liability (Scopino 2020). The
reason for this is because the legal status of robots is unclear, and if the liability of robots is to be
determined, the fundamental constitutional rights of robots, such as the Second Amendment right
to bear arms in the US Constitution and the First Amendment right to freedom of expression,
must first be determined. If there is a hierarchy of AI technology at this stage, then in my
personal opinion it is only barely in its infancy. To a certain extent, AI does not yet have a true
philosophical personality. In the era of weak AI today, AI robots are still human tools and do not
have a truly independent legal status, so AI should not be given the right to personhood at this
time.
My identity did change over time. From elementary school student middle school student
high school student to finally an undergraduate student, but I have always been a student until
after work when that identity shifts more completely. However, I can always choose to become a
student again in terms of family as well. I am my parents' daughter and will be the mother of my
children. However, I will always be my parent's daughter, and that will always remain the same.
In my opinion, my upbringing has made me realize what kind of person I am and how my
character is, making me a real person. The way I deal with people has created my character and
how I deal with it, and it keeps me the same.
Reference:
1. Lee, Tae Kyoung, and Michael A. Shapiro. 2014. "The Interaction of Affective
Dispositions, Moral Judgments, And Intentionality in Assessing Narrative Characters:
Rationalist and Intuitionist Sequences". Communication Theory 24 (2): 146-164.
doi:10.1111/comt.12031.
2. Scopino, Gregory A. 2020. Algo Bots and The Law. Cambridge: Cambridge University
Press.