Superintelligence and Law

Abstract

The prospect of artificial superintelligence—AI agents that can generally outperform humans in cognitive tasks and economically valuable activities—will transform the legal order as we know it. Operating autonomously or under only limited human oversight, AI agents will assume a growing range of roles in the legal system. First, in making consequential decisions and taking real-world actions, AI agents will become de facto subjects of law. Second, to cooperate and compete with other actors (human or non-human), AI agents will harness conventional legal instruments and institutions such as contracts and courts, becoming consumers of law. Third, to the extent AI agents perform the functions of writing, interpreting, and administering law, they will become producers and enforcers of law. These developments, whenever they ultimately occur, will call into question fundamental assumptions in legal theory and doctrine, especially to the extent they ground the legitimacy of legal institutions in their human origins. Attempts to align AI agents with extant human law will also face new challenges as AI agents will not only be a primary target of law, but a core user of law and contributor to law. To contend with the advent of superintelligence, lawmakers—new and old—will need to be clear-eyed, recognizing both the opportunity to shape legal institutions as society braces for superintelligence and the reality that, in the longer run, this may be a joint human-AI endeavor.