Andrew S. Gold (University of California, Irvine School of Law) has posted The Systems of Agency: From Law, to Morality, to Artificial Intelligence on SSRN. Here is the abstract:
Agency law intersects with complex systems, both legal and moral. A striking feature of the Restatement (Third) of Agency is the way its terms allow agency relationships and principles to be plugged into other legal domains. This feature, I will argue, is key to understanding how agency law manages complexity, and it plays a central role in agency law’s connection to the legal and the moral. Attending to the way agency law can be plugged into other domains is also important for the legal subsystems with which agency law intersects. Lawyer-client relationships, employer-employee relationships, general partnerships, and various other doctrinal domains all incorporate agency law as a matter of course. Furthermore, there are non-agency legal relationships, such as the corporate director-shareholder relation, that build on agency principles. And there are novel relationships, such as that between an artificial intelligence system (“AI”) and its user, that may build on agency principles as well. Indeed, this paper will argue that the capacity of agency law principles to handle unanticipated legal challenges such as AI is a significant benefit of agency law’s design.
Highly Recommended!
To receive new posts from Legal Theory Blog by email, get a free subscription to Legal Theory Stack.
Lawrence Solum