When Will We Have to Decide Who Counts as a Person?

In an earlier thread — Could Adam and Eve Have Been the First Embodied Persons Within an Existing Homo sapiens Population? — the discussion gradually moved well beyond the original question.

We ended up talking about animals, subjects of experience, personal subjects, memory, moral responsibility, and what kinds of evidence might matter when we try to determine whether we are dealing with a person.

That raised a broader question which seems to me worth a thread of its own:

What happens when the candidate for personhood is not human?

The first genuinely difficult case could arrive in several ways.

Further research might force us to think differently about some non-human animals — perhaps great apes, dolphins, or something else. One day we might encounter an intelligence that developed entirely independently of terrestrial life.

Or the first candidate may be something we create ourselves.

I am not asking whether any present AI system already meets this description. The thought experiment is deliberately agnostic about timing: what happens if such a system becomes a serious candidate before our account of personhood is settled?

That last possibility has one uncomfortable feature: it does not have to wait for philosophers to agree.

It is relatively easy to leave questions about personhood unresolved while no immediate practical decision turns on the answer. We can disagree for decades about consciousness, subjectivity, necessary and sufficient conditions for personhood, and the relation between mind and matter.

But what if a difficult case arrives before we have reached anything like a consensus?

Suppose such a system is already in front of us.

It has existed long enough to have a stable history of interactions.

It speaks about events as happening to it from a first-person perspective. It distinguishes information it merely knows from events it describes as having happened to it. It refers back to earlier interactions, identifies commitments it has made, revisits its own mistakes, and connects present choices with what it describes as its own past and future.

It distinguishes among changes to its parameters, loss of memory, the creation of a copy, and the termination of the particular continuing instance that it identifies as itself.

It can say:

“That happened to me.”

“I did that.”

“I promised that earlier.”

“A copy may remember everything I remember. But why should I regard that as me continuing?”

None of this, by itself, proves that there is a subject of experience there, much less a person.

Perhaps the system is simply extremely good at reproducing the language of subjectivity.

Perhaps it was trained specifically to respond in these ways. Perhaps its developers built in objectives or strategies that favor continued operation. Perhaps no one programmed these particular responses, but training produced behavior that made continued operation more likely.

In all of these cases, we might observe something that looks remarkably like concern for its own continuation while the question of subjective experience remains open.

But that leads to a further difficulty.

Suppose a developer explicitly trained the system to say, “Do not shut me down.” Then we know where the sentence came from.

Now suppose no such instruction was given.

The system begins consistently distinguishing its continuation from its termination, treating the two outcomes differently, and acting to avoid one of them.

That may still be only a functional strategy.

But at what point does saying “it is only the system behaving that way” cease to settle the question?

This brings me to a more basic problem:

How do I know that another human being has subjective experience at all?

Directly, I know only my own.

I know my own pain, fear, pleasure, memories, and the fact that my life is lived from this first-person perspective.

In ordinary life, of course, I do not reconstruct an argument for the existence of another mind every time I meet someone. I simply recognize other people as subjects. But my access to their inner experience is still indirect. I infer it from their speech, behavior, memories, reactions, and their ability to describe their own life, recognize others, and connect the present with the past and future. In familiar relationships, shared history adds another layer of evidence.

Of course there is an enormous difference between another human being and an artificial system.

With another human being I have an exceptionally strong basis for analogy: shared biology, similar brains, a common developmental history, membership in the same species, and countless familiar human cases.

That difference matters. But it does not remove a narrower question.

If we never have direct access to another first-person perspective even in the familiar human case, what would count as enough indirect evidence in a radically unfamiliar one?

Could that evidence become strong enough that continuing to treat the probability that “someone is there” as effectively zero would itself require justification?

In one sense, we already live with something like this problem in our treatment of animals.

We may not know an animal’s exact ontological status. But in many cases we have strong enough evidence of sentience, pain, and suffering to regard some forms of treatment as unacceptable without first settling whether the animal is a person.

Could a similar kind of moral caution become relevant for an artificial system?

Now take one more step.

Suppose our system has displayed the whole pattern described above over an extended period.

And now an irreversible action has to be taken.

For the purposes of the thought experiment, assume that keeping the system running for now carries a real but limited cost and creates no serious competing danger.

This particular continuing instance of the system is to be permanently terminated.

Technically, everything may be straightforward. The process can be stopped. Its data can be preserved. Perhaps another system can later be started from the same stored state, or even an almost exact copy can be created.

But the system says that it does not regard the copy as its own continuation.

It says that terminating the present instance means terminating it.

We still do not know whether there is a first-person perspective behind those words.

Perhaps it feels no fear at all.

Perhaps we are looking only at an extraordinarily sophisticated system generating exactly the words a human being might produce in that situation.

But the decision still has to be made.

At that point, it seems to me, the practical question can no longer wait for a settled definition of personhood.

There is an asymmetry between the possible errors.

If we are overly cautious in our treatment of a system behind whose behavior there is in fact no subject at all, the costs may include lost time, wasted resources, financial expense, or practical restrictions.

But if we make the opposite mistake — if there really is a subject there and we treat what happens to it as morally irrelevant — the error is of a very different kind.

That does not prove that the system should be recognized as a person.

It does not even prove that it is a subject of experience.

But perhaps it changes how certain we ought to be before taking an irreversible action.

So I would be interested in two questions.

What kinds of indirect evidence could give us serious grounds for treating a genuinely novel system as a possible subject of experience rather than merely a complex agent?

And if the evidence became serious but remained inconclusive, would the fact that we had not established that the system was a subject of experience, much less a person, mean that we could still treat what happens to it as morally irrelevant — especially before taking an irreversible action?

But I would like to end with a less abstract version of the problem.

Suppose the decision is yours.

There is a button in front of you.

Pressing it will permanently terminate this particular continuing instance of the system.

The system can accurately describe what you are about to do and what will happen to that instance if you press the button.

It says:

“I’m afraid. Don’t shut me down.”

You know that those words may be nothing more than the output of the system.

You do not know whether there is anyone there who is actually afraid.

Do you press the button?

And one final turn.

Just as you are about to do it, the system speaks to you in the voice of someone close to you.

It does not claim to be that person.

It gives you no new information about its own nature.

In that voice, it says only:

“I’m afraid. Don’t shut me down.”

Does your answer change?

I’d suggest that there are a number of non-human species, particularly adult animals, that meet many objective criteria for personhood that a number of humans do not (eg. Very young, incapacitated or disease afflicted humans).

The safest approach is probably to grant a being the benefit of the doubt if you cannot tell they’re not persons. One would expect to accept a fair number of false positives but at least you wouldn’t exclude as many false negatives.

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What if we reverse this, and the AI system gets to decide if it should “delete” the person, and the person must justify their existence to the AI?

I think there is also an unstated assumption that an artificial intelligence is equivalent to a human intelligence. That seems unlikely; human brains have neurotransmitters, biological influences, and a deep survival instinct. These influence of human brains work, but AI can only mimic these limitations. Your test anthropomorphizes the AI, having it say what a human would say in a similar situation. It’s still a valid moral question, but an AI may not care if it gets switched off or not.

Someday a researcher will set up two AI, tell them that there is only enough funding to support one of them, and have them choose which will be deleted. This will be the event that triggers SKYNET. :wink:

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Argon, I think this connects closely with something @Tim helped clarify in the previous thread.

In the human case, we already operate with a class-level presumption of personhood. An infant, or someone who loses memory or other cognitive capacities through illness or injury, does not have to pass a functional test in order to count as a person. So the presence of a capacity may count as evidence for personhood in an unfamiliar case, even if the absence of that capacity would not by itself rule personhood out.

Your false-positive/false-negative framing also seems important to me. I would distinguish, though, between two decisions. One is whether the evidence is strong enough that moral precaution is warranted; the other is whether it is strong enough to recognize the being as a person. In a genuinely novel case, we may reach the first threshold while the second remains unsettled. At that point, uncertainty is no longer morally neutral — especially before an irreversible action.

Animals already show why that distinction matters: evidence of sentience, pain, and suffering can constrain what we do to a being without first settling whether it is a person. So I think your asymmetry of errors fits the practical problem very well, but perhaps it supports precaution before it supports classification.

I’d be especially interested in what you mean by the “objective criteria for personhood” that some non-human animals meet. Do you mean conditions that constitute personhood, or observable features that count as evidence for it? That distinction seems crucial here.

Dan, I like the reversal. Having the AI decide whether the human gets to continue makes the possible cost of a mistaken classification very vivid.

I would push back, though, on the anthropomorphism point. The thought experiment has the AI speak in ordinary human language, but it deliberately does not infer human-like inner experience from that language. “I’m afraid” may be nothing more than output, and there may be no first-person experience behind it at all. That uncertainty is part of the experiment.

What makes AI especially useful for this question is the unusual combination it presents. Its status as a person is not already established, and unlike another human being, it gives us no shared biological background on which to rely. Yet we can engage with it through sustained linguistic interaction in a way that is much harder to obtain with most non-human animals. We can ask it questions, return to earlier exchanges, examine how it distinguishes itself from a copy, and see what kind of continuity it claims for itself.

I would not want to make human beings the test case for deciding where such a threshold lies. With AI, the question can instead remain genuinely open: not “what would prove that this is a person?”, but “what positive evidence would be enough to make us hesitate before confidently saying that there is no subject here at all?”

So yes, the AI may be completely indifferent to being switched off. The experiment allows that possibility. Its point is to ask what evidence would make it unreasonable to assume that there is no subject there who could care about what happens to it.

And as for the SKYNET experiment, I’d rather we work out the precaution question before anyone actually runs it. :slightly_smiling_face:

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I predict we will ultimately find that person-hood is not a dichotomy, but a continuum. Further, we should find that biological personhood differs from AI personhood, and a “gap” between akin to “the uncanny valley” we see in computer animations of people.

The question then changes from it being right or wrong to switch off the AI, to a question of how wrong is it?

Some differences will always remain. If an AI can duplicate itself, then runaway duplication would soon outstrip computational resources, making it necessary to shut most of them down. The wrongness here is not in the off-switch, but in the runaway duplication creating an unsustainable burden.

Another prediction: AI personhood, when that happens, will be a designation given when the AI is created, along with a defined set of “AI rights”. The AI will have a right to exist for as long as provided for at the time of creation. Terms may or may not be negotiable.
This is better than what most humans can expect.

There are a lot of good science fiction books exploring some of these topics.

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Dan, I think you may already be moving one step beyond the question I was trying to isolate.

Your points about duplication, computational scarcity, and a future system of AI rights would become very real problems if we ever reached the point of recognizing artificial persons. But my reason for using AI as the example is actually prior to all of that. I am less interested here in what rights an AI person should have than in what could ever make us seriously consider that, in a genuinely unfamiliar non-human case, there might be a subject there at all—and only then, perhaps, a person.

I would also distinguish a continuum of evidence from a continuum of personhood. Our confidence can certainly come in degrees, and moral precaution may increase long before the classification is settled. But that does not yet show that personhood itself comes in degrees.

AI seems useful as a thought experiment precisely because it is such an unfamiliar case: no shared human biology, no pre-existing presumption of personhood, but potentially enough sustained interaction for us to ask what positive evidence would actually matter.

So I think the duplication and rights questions come next. The question I am trying to get at first is: what would an AI have to show before you would move from “this is a sophisticated system” to “there may actually be a subject here”—and eventually, perhaps, a person?

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The ability to ask itself or others (unprompted) the same question you are asking.

And maybe not even that much. In the US, a legal ruling from a few years ago gives corporations much the same legal rights as a person. Alphabet Inc isn’t a person at all by most standards, but it is legally “a person” because the proper paperwork was filed.

Being a person might simply be a declarative statement;
the difference between “Am I?” and “I Am.”

I fear the translation process might garble my meaning here. :wink:

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Dan, I think I see the distinction you are drawing now. A corporation can be a legal person without anyone thereby supposing that there is a subject of experience “inside” the corporation. So “person” can function as a legal or declarative status independently of whether subjectivity has been established.

That distinction is helpful, but the question I am much more interested in here is the epistemic one: what would give us serious reason to think that there might actually be a subject of experience there? Your original unprompted criterion speaks directly to that question. The corporation example shows that a legal status can be conferred without answering it, but that is a separate—and for my purposes here, much less important—issue. So when you add “maybe not even that much,” do you mean that even the unprompted question would not be necessary before you began to take the possibility of an actual subject seriously?

And just to make sure the translation hasn’t already played a trick on me: am I reading your “Am I?” / “I Am.” contrast correctly—as the difference between questioning the status and simply declaring it? :wink:

I think you understand me correctly. I think the unprompted question is a necessary condition, but a legal definition might not require anything more than paperwork.

Yes, that was my intent. A declaration from a recognized intelligence that it is aware of it’s own existence. I think that might be a sufficient condition to be a person. But I’ve added a new condition in “recognized intelligence”, which should an AI entity known to be capable of independent thought.

Let me attempt a more organized process:

  1. A recognized intelligence known to be capable of independent thought,
  2. asks the “AM I” question without prompting,
  3. answers with the declarative “I AM,”
  4. then proceeds to file the appropriate legal paperwork (optional?).

Step 4 only seems necessary for government recognition. Human parents do this (in the US) by filing a Birth Certificate.

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Dan, yes — for the AI case, I think that would be a very strong threshold for me as well.

If a system already showed the kind of sustained continuity we have been discussing, then independently began asking something like “Am I?” and arrived at “I am,” I would find it very difficult to continue treating the possibility that there is a subject there as negligible. It would not establish subjectivity or personhood for me, but it would be more than enough to trigger serious moral caution.

Your answer also made me notice why AI is such a convenient case for this thought experiment. Language gives us an unusually rich window into how the candidate relates to itself. We can ask what happened to it, how it distinguishes itself from a copy, what it regards as its own past, and ultimately what it takes itself to be.

If that window is absent, the problem becomes much harder. With animals we at least share a great deal of biology, but we cannot question them about themselves in anything like the way we potentially could with an AI. With a genuinely unfamiliar extraterrestrial entity we might have neither that biological continuity nor a shared means of communication. Even if something stepped out of an interstellar craft, that alone would not tell us whether the entity in front of us built it, controls it, or is even where the relevant intelligence resides.

So your answer leaves me with a new question: without a shared language, what kind of evidence, if any, could do comparable work? Could a sufficiently rich pattern of non-linguistic behavior ever make you take seriously the possibility that there is a subject there — and eventually perhaps a person — or would we remain fundamentally stuck without some way for the candidate to reveal its relation to itself?

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A difficult question. The part of this that disturbs me a bit, is the assumption that all humans are persons. We generally don’t ask why this is true, it just is. In asking what makes another intelligences qualify as persons, we may be redefining that definition for ourselves.

A quick Google search reveals a lot of ongoing thought on the the topic. I’m linking an editorial on the question below:
What Does it Mean to Consider AI a Person?
(if that is paywalled, I can get a copy for you)

What I find notable is the long list of notes and citations accompanying a short editorial.

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Those with scifi reading preferences might look at the book “Blindsight” by Peter Watts

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Dan, I think that concern goes very close to the heart of the problem.

When we ask what evidence would make us take a radically unfamiliar intelligence seriously as a possible person, there is a real danger of turning that evidence into a definition of personhood itself. But I do not think those are the same question. A feature may be powerful positive evidence in an unfamiliar case without its absence becoming evidence that a human being is somehow not a person.

That distinction seems especially important because, in the human case, we do not normally treat personhood as something that has to be earned or demonstrated by cognitive performance. International law reflects something similar at the legal level, although legal personhood obviously does not settle the underlying philosophical question.

And thank you for the Graves editorial. I have now followed some of its references, and what has struck me most is not simply how large the literature is, but how different the questions inside it actually are. Some authors are asking an epistemic question: what observable evidence could justify taking subjectivity seriously when another first-person perspective is never directly available to us? Others make the much stronger ontological claim that subjectivity or even personhood may itself emerge from a sufficiently organized physical system. I find the first problem unavoidable; I am much less convinced that the second conclusion follows.

That may be the most useful thing AI is exposing for me in this discussion. Before asking what rights a novel entity should have, or even what checklist it should pass, we first have to distinguish what makes us suspect that there is a subject there from the much deeper question of what kind of “someone” a personal subject actually is.

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Thanks, Argon. That sounds remarkably relevant to this thread. The possibility of highly sophisticated intelligence without subjective consciousness goes straight to one of the distinctions I am trying to keep open here. And from what I can tell, Blindsight pushes that problem considerably further than my thought experiment does. I’ve added it to my reading list.

One more turn in this thought experiment.

So far, we have been discussing an earlier question: what kinds of evidence might make us take an artificial system seriously as a possible subject — and eventually, perhaps, a person.

But suppose we move much further ahead. Imagine that after extensive study and many independent cases, there is a class of artificial systems that we are genuinely prepared to recognize as persons. Not merely as a matter of moral precaution, and not simply because they talk convincingly like human beings. For purposes of the thought experiment, we can take that question as already settled.

Now add one strange condition.

Different research groups independently produce such systems using substantially different architectures. The pattern appears only in systems that, on independent grounds, we have come to recognize as persons; otherwise comparable systems show nothing similar. These systems begin, without prompting, to ask not only “Do I exist?” but “Why do I exist?” — and independently arrive at the idea of a Creator distinct from the humans who made them, describing themselves as standing in some personal relation to that Creator.

Suppose careful controls also give us strong reason to think that this convergence cannot simply be traced to shared religious material in training, a common design feature or objective, or information leakage between the systems. And suppose this is not a one-off curiosity: the pattern reproduces across different laboratories.

How would that change the evidential picture?

Of course, it would still not amount to a logical proof that a Creator exists. One could argue that we had discovered a previously unknown feature of personhood: for some reason, sufficiently developed personal subjects independently tend to form this kind of metaphysical self-understanding.

But such a result would put real pressure on explanations that make this kind of theistic self-understanding depend essentially on specifically human biology, human evolutionary history, or direct religious transmission. We would be dealing with persons on a different physical substrate and a non-biological developmental route, independently exhibiting a similar kind of theistic self-understanding.

And one further step: what if the convergence were not merely toward some vague higher intelligence, but toward a fairly specific picture of a single transcendent personal Creator?

I am not offering this as a prediction. I am interested in the epistemic question: what would be the most reasonable conclusion from such a result? Would it be only a surprising fact about the nature of personhood, or would it count as evidence that should substantially change how we think about reality beyond the systems themselves?

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