The latest resources from Norm

Sep 8, 2026

The Phantom Agent: Artificial Intentionality and Legal Responsibility

Artificial intelligence systems increasingly generate conduct that appears intentional. They negotiate, advise, adapt to obstacles, and shape human decision-making. Yet they are not legal persons and lack minds in any conventional sense. We argue that the apparent impasse dissolves once legal intent is understood functionally rather than metaphysically. Across contract, tort, corporate, and criminal law, intent has never been a simple report on inner mental states. It is a normative tool used to gate legal effect, allocate blame, and manage risk, one that is routinely inferred, imputed, and even fictionalized in service of institutional goals. We reframe the AI question accordingly.

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