Director Eligibility: Corporations and AI

By examining the nature of corporate personhood and the effects of AI, this paper expands on an existing argument for allowing corporations, as opposed to natural persons, to serve as independent board directors. While a corporation that serves as a director may enjoy limited liability and provide...

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Main Author: Daisuke ASAOKA
Format: Article
Language:Japanese
Published: The Academic Association for Organizational Science 2024-11-01
Series:AAOS Transactions
Subjects:
Online Access:https://www.jstage.jst.go.jp/article/aaostrans/13/1/13_2024-008/_pdf/-char/ja
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author Daisuke ASAOKA
author_facet Daisuke ASAOKA
author_sort Daisuke ASAOKA
collection DOAJ
description By examining the nature of corporate personhood and the effects of AI, this paper expands on an existing argument for allowing corporations, as opposed to natural persons, to serve as independent board directors. While a corporation that serves as a director may enjoy limited liability and provide knowledge that a natural person cannot, the implications of such a situation are critical when viewed in combination with AI technology. Although AI does not have personhood in itself, corporations that own AI are given corporate personhood as a legal fiction. Human directors commonly obtain assistance from AI in making decisions, but they are open to being replaced by an AI-powered corporation when the latter has superior intelligence or when tasks are simple enough for automation. In this case, the existing requirement that boards comprise multiple people becomes unnecessary, because a single AI-powered director can provide a form of collective intelligence on its own. Such a corporation, with its lack of human intervention, is essentially a thing that consists of capital, in a transformation of the traditional view of a corporation as a combination of humans and capital.
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publisher The Academic Association for Organizational Science
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spelling doaj-art-c1bbd938aa104dea8c7df51ae1cafca02025-01-09T05:20:09ZjpnThe Academic Association for Organizational ScienceAAOS Transactions2758-27952024-11-011311421https://doi.org/10.11207/aaostrans.2024-008Director Eligibility: Corporations and AIDaisuke ASAOKA0Meiji University/Kyoto UniversityBy examining the nature of corporate personhood and the effects of AI, this paper expands on an existing argument for allowing corporations, as opposed to natural persons, to serve as independent board directors. While a corporation that serves as a director may enjoy limited liability and provide knowledge that a natural person cannot, the implications of such a situation are critical when viewed in combination with AI technology. Although AI does not have personhood in itself, corporations that own AI are given corporate personhood as a legal fiction. Human directors commonly obtain assistance from AI in making decisions, but they are open to being replaced by an AI-powered corporation when the latter has superior intelligence or when tasks are simple enough for automation. In this case, the existing requirement that boards comprise multiple people becomes unnecessary, because a single AI-powered director can provide a form of collective intelligence on its own. Such a corporation, with its lack of human intervention, is essentially a thing that consists of capital, in a transformation of the traditional view of a corporation as a combination of humans and capital.https://www.jstage.jst.go.jp/article/aaostrans/13/1/13_2024-008/_pdf/-char/jaboard of directorscorporationcorporate personhoodaicorporate governance
spellingShingle Daisuke ASAOKA
Director Eligibility: Corporations and AI
AAOS Transactions
board of directors
corporation
corporate personhood
ai
corporate governance
title Director Eligibility: Corporations and AI
title_full Director Eligibility: Corporations and AI
title_fullStr Director Eligibility: Corporations and AI
title_full_unstemmed Director Eligibility: Corporations and AI
title_short Director Eligibility: Corporations and AI
title_sort director eligibility corporations and ai
topic board of directors
corporation
corporate personhood
ai
corporate governance
url https://www.jstage.jst.go.jp/article/aaostrans/13/1/13_2024-008/_pdf/-char/ja
work_keys_str_mv AT daisukeasaoka directoreligibilitycorporationsandai