DREPTURILE INTELIGENŢEI ARTIFICIALE: ÎNTRE ETICĂ, DREPT ŞI PRAGMATISM NORMATIV
THE RIGHTS OF ARTIFICIAL INTELLIGENCE: BETWEEN ETHICS, LAW AND NORMATIVE PRAGMATISM

Summary/Abstract: The accelerated development of artificial intelligence (AI) has generated an intense interdisciplinary debate regarding the legal and ethical status of these systems. From simple algorithmic tools, AI has evolved into autonomous entities capable of influencing social, economic, and political decisions. This transformation raises the fundamental question of whether AI should benefit from a distinct legal framework or even specific rights. Current theoretical positions oscillate between the anthropocentric view – which rejects the idea of rights for AI due to the absence of consciousness – and pragmatic approaches, which argue that recognizing a form of legal personality could facilitate the management of responsibility and risks. Comparative legal analysis highlights precedents in granting rights to non-human entities, such as corporations or animals, which demonstrates that rights may be attributed through social convention and not exclusively based on consciousness. In this context, debates within the European Union regarding a potential “electronic personality” for autonomous systems reflect an emerging, yet deeply contested, direction. Nevertheless, the prevailing consensus in the scholarly literature suggests that AI cannot possess moral rights, but may, in the future, receive a limited and instrumental legal recognition aimed at clarifying civil and contractual liability. Thus, the issue of artificial intelligence rights is less about intrinsic dignity and more about normative efficiency and legal stability in a disruptive technological context. In the absence of a unified global framework, this debate remains open, but it constitutes a necessary step toward anticipating and responsibly managing the interactions between humans and artificial systems.

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