Back to the database
Record STMT-WAD69A0Aspirational

The Monstrous Posthuman: Ethical and Legal Responses to Cyborgs, Artificial Intelligence and Robotic Entities

Position paper Institutional policyGlobalin force

This academic article examines how artificial intelligence, robotics, and posthuman entities are framed as monstrous within legal discourse and popular culture. Drawing on monster theory and posthumanist philosophy, the author argues that monstrosity functions as a regulatory and exclusionary strategy used by humanist legal systems to police the boundaries of rights and agency. Ultimately, the text proposes a relational and inclusive approach to legal subjectivity that embraces vulnerability and distributed agency rather than exclusion.

Summary and content fields are drawn from the document text and are pending editorial review.

Who issued it

Linköping University Electronic PressAcademic
Publisher
Legal forceAspirational
Under whose authorityInstitutional policy
Judged fromfull text

Who it governs

Researchers and academicsGeneral publicRegulatorsInternational community

Researchers, legal theorists, and policymakers interested in the philosophical and conceptual foundations of artificial intelligence regulation and posthuman legal studies.

Sectors
Research and science · academic legal and cultural theory

What the document contains

What's covered

The text covers the intersection of posthumanist theory, monster theory, and legal philosophy, analyzing how AI and robotic entities are excluded from legal personhood through cultural and juridical framing. It evaluates fictional and real-world legal models, such as electronic personhood and robotic regulations, while proposing a relational model of legal subjectivity.

What's missing

The document does not provide binding statutory rules, technical compliance standards, or specific legislative drafts for immediate government adoption.

Key takeaways
  • Legal systems consistently figure artificial intelligence and cyborgs as monstrous to justify their exclusion from rights and legal personhood.
  • Monster theory offers a heuristic for uncovering the anthropocentric biases and foundational limitations of modern liberal legal thought.
  • Fictional narratives and speculative laws, from Asimov's rules to sci-fi films, actively construct the ontologies and expectations used to govern non-human agents.
  • The legal invisibility of advanced technologies creates accountability gaps and diffuses responsibility across complex sociotechnical systems.
  • A transition toward a relational approach to legal subjectivity, grounded in vulnerability and interdependence, is necessary to address the posthuman condition.
Principles it states
Relational ethics of interconnection and shared becomingEmbrace of vulnerability and distributed agencyGraded recognition rather than binary inclusion and exclusion
Outline
· Introduction
· Theoretical Framework: Monstrosity, Posthumanism, and Law
· Legal Fictions and Fictional Laws: From Asimov to the Algorithmic Society
· The Monster as Legal Problem: Fear, Otherness, and Control
· Legal (In)Visibility and Hybrid Personhood
· Rethinking Legal Subjectivity: Toward Posthuman Rights
· Conclusion. The Monster as Threshold
Issued2026
Length10,079 words · 23 pages
FormatNot recorded
Scopeglobal

How it scores

Pending review

Each score is backed by a quote verified against the document text. Editorial review has not yet confirmed them.

Accountability

3/5

Clear responsibility for AI outcomes

These include both fictional representations (e.g., Ava in Ex Machina, the replicants of Blade Runner) and real-world legal debates on robot rights, algorithmic accountability, and bioengineered agency.

Introduction

screening score · 2026-10-24

Fairness

1/5

Non-discrimination and equitable treatment

Consider how algorithms used in immigration, policing, and welfare systems are often framed as neutral tools despite their demonstrable biases and harms.

The Monster as Legal Problem: Fear, Otherness, and Control

screening score · 2026-10-24

Human Dignity

3/5

Respect for the inherent worth of persons

Against this backdrop, the article proposes a relational approach to legal subjectivity grounded in vulnerability, interdependence, and distributed agency – one capable of guiding gradual yet necessary adaptations.

Abstract

screening score · 2026-10-24

Human Oversight

2/5

Humans remain in control of consequential decisions

Y et even in his progressive vision, the question of legal personhood for non-human entities remains largely unresolved.

Introduction

screening score · 2026-10-24

Privacy

0/5

Protection of personal data and private life

Abstract

screening score · 2026-10-24

Transparency

2/5

Openness about how AI systems work and are used

Legal scholarship and regulation are beginning to reckon with these dynamics, though often without acknowledging their affective substrate. For instance, discussions around the “black box” nature of deep learning systems focus on explainability and accountability, yet rarely question why opacity itself has become such a site of anxiety.

The Monster as Legal Problem: Fear, Otherness, and Control

screening score · 2026-10-24

Enforcement

0/5

Consequences and compliance mechanisms with real force

Abstract

screening score · 2026-10-24

Impact Assessment

0/5

Required assessment of an AI system's risks/impacts before or during use

Abstract

screening score · 2026-10-24

Topics

legal_personhood posthumanism ethics_of_ai hybrid_embodiment speculative_jurisprudence