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Non-human (also spelled nonhuman) is any entity displaying some,[1] but not enough, human characteristics to be considered a human. The term has been used in a variety of contexts and may refer to objects that have been developed with human intelligence, such as robots or vehicles.

Organisms

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Animal rights and personhood

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Further information: Personhood § Non-human animals

In the animal rights movement, it is common to distinguish between "human animals" and "non-human animals". Participants in the animal rights movement generally recognize that non-human animals have some similar characteristics to those of human persons. For example, various non-human animals have been shown to register pain, compassion, memory, and some cognitive function. Some animal rights activists argue that the similarities between human and non-human animals justify giving non-human animals rights that human society has afforded to humans, such as the right to self-preservation, and some even wish for all non-human animals or at least those that bear a fully thinking and conscious mind, such as vertebrates and some invertebrates such as cephalopods, to be given a full right of personhood.

The non-human in philosophy

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Contemporary philosophers have drawn on the work of Henri Bergson, Gilles Deleuze, Félix Guattari, and Claude Lévi-Strauss (among others) to suggest that the non-human poses epistemological and ontological problems for humanist and post-humanist ethics,[2] and have linked the study of non-humans to materialist and ethological approaches to the study of society and culture.[3]

Software and robots

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The term non-human has been used to describe computer programs and robot-like devices that display some human-like characteristics. In both science fiction and in the real world, computer programs and robots have been built to perform tasks that require human-computer interactions in a manner that suggests sentience and compassion. There is increasing interest in the use of robots in nursing homes and to provide elder care.[4] Computer programs have been used for years in schools to provide one-on-one education with children. The Tamagotchi toy required children to provide care, attention, and nourishment to keep it "alive".

See also

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References

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Non-human

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Non-human refers to any entity, organism, or being that does not belong to the species Homo sapiens, encompassing biological life forms such as animals, , microorganisms, and non-biological constructs including machines, software agents, and hypothetical extraterrestrial intelligences. In biological classification, non-humans constitute the vast majority of Earth's , spanning domains like , , and Eukarya excluding human primates, with empirical evidence from and underscoring genetic divergences that define boundaries. Philosophically, the category prompts inquiries into , moral agency, and , as seen in analyses of nonhuman animal behaviors demonstrating problem-solving and social reciprocity akin to rudimentary traits, challenging anthropocentric views of uniqueness. Controversies arise in and over extending to certain non-humans, such as great apes or cetaceans, based on observed and tool use, though systemic biases in academic institutions often inflate claims of equivalence to humans without sufficient causal from controlled studies. In modern cybersecurity, non-human identities denote machine-based digital credentials for and IoT devices, representing a proliferation of non-biological entities that now outnumber users in enterprise environments, necessitating distinct governance to mitigate risks like unauthorized access.

Definitions and Terminology

Etymology and Core Meaning

The term "nonhuman" (often hyphenated as "non-human") is a compound adjective derived from the English prefix "non-", signifying negation or absence, combined with "human". The prefix traces to Latin non, used similarly in classical texts for denial. "Human" entered Middle English around the mid-15th century via Old French humain, from Latin humanus ("of man, humane, kind"), which stems from homo (genitive hominis, "man" or "human being") and connects to Proto-Indo-European *dhghem- ("earth"), evoking notions of an "earthling" or grounded mortal as distinct from divine or animal forms. This etymological root underscores a historical framing of humanity as tied to terrestrial existence and social refinement, contrasting with nonhuman entities perceived as lacking such civilized attributes. The first documented use of "nonhuman" appears in 1839, reflecting emerging 19th-century distinctions in biology and philosophy amid scientific classification of species. Its core meaning remains literal and exclusionary: denoting any entity, biological or otherwise, that is not a member of Homo sapiens, the species defined by bipedal anatomy, advanced tool use, symbolic language, and cumulative culture accumulated over approximately 300,000 years of evolution. Standard definitions emphasize absence of human traits, such as "not displaying the emotions, sympathies, intelligence, etc., of most human beings" or "not human or not produced by humans", applying to animals, plants, microorganisms, artifacts, and hypothetical intelligences. This demarcation prioritizes empirical markers like genomic divergence—Homo sapiens shares only about 98.7% DNA with closest relatives like chimpanzees—over subjective interpretations of similarity. In usage, "nonhuman" avoids anthropocentric projection, serving as a neutral descriptor in fields like and , where it contrasts human agency (e.g., self-reflective enabling moral ) against instinct-driven or mechanistic behaviors in other entities. While some philosophical applications extend it to human exceptionalism by blurring boundaries via evolutionary continuity, the term's foundational sense upholds a binary grounded in observable causal differences, such as humans' unique capacity for abstract propositional thought, unverifiable in nonhuman cases without .

Distinctions from Human Traits

Humans exhibit a disproportionately expanded prefrontal cortex relative to body size and other primates, enabling advanced executive functions like sustained attention, working memory, and inhibitory control that underpin strategic planning and social coordination. This neural architecture develops through an extended juvenile period—averaging 19 years in humans versus under 10 in great apes—facilitating prolonged postnatal brain growth and environmental adaptation via neuroplasticity. Non-human animals, including chimpanzees sharing 98-99% genetic similarity with humans, possess homologous regions but lack this scale of integration, resulting in cognition constrained by instinctual modules rather than domain-general abstraction. Linguistically, humans uniquely deploy recursive syntax and hierarchical grammar to generate infinite novel expressions from finite rules, a capacity empirically absent in non-human species despite decades of training; apes like Kanzi achieve rudimentary symbol use limited to concrete, two-element combinations without displacement or productivity. This linguistic prowess supports abstract reasoning, including counterfactuals and mental time travel, which non-humans approximate in isolated tasks (e.g., corvid caching) but fail to systematize across contexts. Culturally, humans alone demonstrate cumulative ratcheting, where innovations accumulate modifications over generations—evident in tool complexity from (2.6 million years ago) to modern technology—unlike animal traditions, such as chimpanzee nut-cracking, which stagnate without refinement. While recent observations of chimpanzee migration suggest nascent cultural transmission, these lack the iterative escalation defining human progress, rooted in enhanced and teaching fidelity. These traits synergize to yield moral agency and self-reflective , distinctions corroborated by comparative and behavioral assays, though ideological pressures in academia occasionally minimize them to emphasize continuity.

Biological Non-Humans

Non-Human Organisms and Biodiversity

Non-human organisms include all forms of life on Earth except Homo sapiens, classified into three primary domains: and (prokaryotic microorganisms lacking a nucleus) and Eukarya (organisms with nucleated cells, encompassing protists, fungi, , and animals other than humans). These domains reflect fundamental differences in cellular structure, genetics, and biochemistry, established through ribosomal sequencing and phylogenetic analysis since the late 1970s. dominate numerically, with estimates of 10^12 , primarily in , oceans, and extreme environments, while thrive in anaerobic or high-salinity conditions like deep-sea vents. Eukarya, though fewer in count, include macroscopic forms critical for visible ecosystems, such as over 298,000 and 7.77 million animal projected globally. Biodiversity quantifies the variability among these non-human organisms across genetic, , and dimensions, where genetic diversity denotes variation within populations (e.g., frequencies enabling ), measures richness and evenness of taxa, and captures structural and functional variety in biotic communities and habitats. As of 2023, approximately 1.2 million eukaryotic have been described out of an estimated 8.7 million total, with prokaryotes potentially numbering in the trillions, underscoring vast undescribed diversity concentrated in microbial realms. Metrics like (raw count) and Shannon index (accounting for abundance) reveal hotspots in tropical rainforests and reefs, where non-human taxa sustain complex food webs via trophic interactions. These organisms underpin ecosystem services through causal mechanisms like decomposition by bacteria and fungi, which recycle nutrients, and pollination by insects supporting 75% of leading food crops. Empirical studies link higher to enhanced resilience against perturbations, as diverse assemblages buffer against single-species failures in processes like and water filtration. However, assessments indicate over 47,000 species threatened with as of March 2025, primarily vertebrates and , driven by and , though underassessment of microbes tempers global loss estimates. Conservation data from the , covering ~2.2 million assessed taxa, highlight that 28% of evaluated species face elevated risk, with amphibians at 41% threatened due to verifiable declines since the 1980s.
DomainKey CharacteristicsEstimated Species Diversity
Prokaryotic, ubiquitous in environments~10^12 potential, ~10,000 described
Prokaryotic, extremophilesMillions undescribed, ~500 described
Eukarya (non-human)Nucleated cells, includes multicellular forms~8.7 million total, 1.2 million described
This table summarizes domain-level diversity based on phylogenetic and metagenomic surveys, emphasizing prokaryotic predominance. Non-human biodiversity's persistence relies on intrinsic ecological feedbacks, such as predator-prey dynamics stabilizing populations, independent of anthropocentric valuation.

Empirical Limits of Animal Cognition

Empirical studies of animal cognition, while revealing impressive problem-solving and social behaviors in species such as chimpanzees and corvids, consistently demonstrate limits in capacities like self-recognition, linguistic syntax, cumulative cultural transmission, and attribution of false beliefs. For instance, the mirror self-recognition (MSR) test, which assesses self-awareness by marking an animal and observing responses to a mirror, has been passed by only a handful of species including great apes, elephants, and dolphins, but failed by most others, including giant pandas across age groups who treated reflections as conspecifics rather than selves. Even among corvids, large-brained birds like ravens show limited or absent MSR despite advanced tool use, suggesting that ecological intelligence does not equate to metacognitive self-concepts. Attempts to teach non-human human-like language highlight anatomical and cognitive constraints; chimpanzees, lacking the vocal tract for articulate speech, were trained in or lexigrams, yet failed to produce novel sentences with recursive syntax or displace reference beyond immediate contexts. In Herbert Terrace's 1970s project, the acquired signs but showed no grammatical structure upon analysis, with sequences resembling random approximations rather than rule-based combinations. Similarly, evaluations of projects like Washoe and Lana reveal limits around 100-400 symbols without evidence of semantic compositionality or propositional thought. Cumulative culture—progressive refinement of behaviors across generations—remains absent in non-human animals despite social learning traditions in or tool use. Experimental chains in and other transmit basic techniques but show no improvements, with innovations regressing or stabilizing at rudimentary levels over transmissions. Field observations of wild chimpanzee communities confirm diverse behavioral repertoires tied to , yet no evidence of inter-generational accumulation leading to complex technologies, contrasting human . Tests for , particularly understanding false beliefs, yield negative results in non-human species; chimpanzees can track perceptual access (knowing what others see) but fail to infer differing mental representations, as in deception tasks where they do not anticipate belief-based actions. Broader reviews find scant empirical support for animals attributing unobservable mental states, with methodological critiques emphasizing that behavior-reading heuristics explain apparent successes without invoking full metarepresentation. These limits persist despite publication biases favoring positive findings, underscoring cognitive discontinuities rooted in neural and evolutionary pressures rather than mere testing artifacts.

Philosophical Perspectives

Historical Conceptions of the Non-Human

In , conceptions of the non-human emphasized a hierarchical distinction based on . (384–322 BCE) classified humans as uniquely possessing a rational , enabling deliberation and virtue, while non-human animals were endowed only with a sensitive soul for perception and appetite, lacking the capacity for abstract reasoning or . This view positioned animals as teleologically oriented toward survival functions but subordinate to human purposes, as evidenced in his biological works where he described animal behaviors as instinctive rather than purposeful in a rational . , 's successor, dissented by arguing that animals share reasoning, sensation, and emotion with humans, challenging strict exceptionalism, though 's framework dominated subsequent thought. Medieval integrated Aristotelian categories with biblical , reinforcing non-humans—primarily animals—as lacking immortal souls or rational faculties. Thinkers like (1225–1274) maintained that animals operate via natural instincts without intellect, serving human dominion as ordained in Genesis, where humans are granted rule over creation. This precluded animal salvation or moral status equivalent to humans, with animals viewed as material beings destined for corporeal decay rather than resurrection, underscoring human exceptionalism tied to the imago Dei. Scholastic debates occasionally probed , such as whether beasts could err intentionally, but consensus held that any apparent intelligence was mechanistic, not reflective. In the , (1596–1650) radicalized these distinctions by mechanizing non-human entities, positing animals as automata devoid of thought, sensation, or soul, functioning like complex machines responsive to external stimuli. In his (1637) and correspondence, Descartes argued that animal cries and movements mimic human responses but stem from hydraulic-like bodily mechanisms, not , as they fail to demonstrate language or reasoned inference. This "beast-machine" doctrine justified and animal use, prioritizing empirical observation of behavior over inferred inner states, though critics like Leibniz contested it by noting behavioral continuities suggesting rudimentary mentality. Such views entrenched a dualistic separating human mind from non-human materiality, influencing mechanistic until challenged by evolutionary insights.

Human Exceptionalism and First-Principles Justification

Human exceptionalism asserts that Homo sapiens exhibit qualitative distinctions in cognitive, linguistic, and agential capacities that ontologically separate them from other biological species and non-biological entities, warranting unique moral and legal precedence. These distinctions derive from observable empirical divergences rather than arbitrary : humans alone generate recursive syntax in language, permitting infinite novel expressions of abstract, displaced, and hypothetical ideas, as demonstrated by showing non-human communication lacks such productivity and . Biologically, this stems from evolutionary expansions in neural architecture, including a disproportionately enlarged that enables relational reasoning—integrating disparate concepts into novel inferences—far surpassing capacities in other mammals, where such integration remains rudimentary and context-bound. From causal fundamentals, emerges not as a mere scalar extension of but from genetic enhancements amplifying information processing and cross-system integration across memory, attention, and learning modules, yielding emergent properties like cumulative . Unlike other , where behavioral adaptations plateau at instinctual or imitative levels, humans exhibit knowledge transmission: innovations compound intergenerationally, producing technologies, sciences, and institutions predicated on foresight spanning millennia, a rooted in hominid-specific neural adaptations for social learning and executive control. Twin studies further quantify this , attributing 50-80% of variance in to genetic factors influencing development, underscoring a non-continuous leap from baselines. These capacities underpin uniquely human moral agency: self-reflective deliberation on , , and duties, detached from immediate survival imperatives, as evidenced by the creation of codified ethical systems and philosophical absent in non-human behaviors, which remain governed by proximate stimuli without abstract universality. Philosophically, reasoning from first observations—human dominance in altering environments through deliberate, symbolic planning—establishes causal realism: non-humans lack the integrated to originate or sustain such agency, justifying prioritization of human interests without reliance on unverified equivalences like animal "." Empirical limits in non-human cognition, such as absent higher-order beyond basic , reinforce this boundary, as recursive mental state attribution enables human societal contracts but not equivalents elsewhere. Thus, aligns with verifiable discontinuities, not sentiment, grounding policies that safeguard human flourishing against unsubstantiated extensions of status to lesser-endowed entities.

Counterarguments from Evolutionary Continuity

Charles Darwin argued in The Descent of Man (1871) that mental differences between humans and higher animals, though substantial, constitute variations of degree rather than kind, reflecting gradual evolutionary development from shared ancestry. This principle of evolutionary continuity posits that cognitive, emotional, and behavioral traits emerged incrementally across species, challenging assertions of human uniqueness by framing advanced human faculties as extensions of proto-capacities in non-human lineages. Supporting evidence includes homologous neural structures, such as the underpinning emotions in mammals, which Darwin highlighted in The Expression of the Emotions in Man and Animals (1872) through comparative observations of facial expressions in and humans. Empirical studies reinforce this with demonstrations of tool manufacture in chimpanzees (e.g., termite-fishing probes observed since Jane Goodall's 1960 fieldwork) and corvids, alongside mirror self-recognition in great apes, dolphins, and elephants, suggesting scalable precursors to human . Advocates, including some cognitive ethologists, contend that phylogenetic gradients in brain-to-body ratios—rising from approximately 1:125 in chimpanzees to 1:45 in humans—correlate with escalating behavioral complexity without requiring non-gradual "leaps," as genetic analyses of conserved developmental genes (e.g., HOX clusters) indicate unbroken homology. Such arguments, often advanced in animal sentience literature, imply that ethical exceptionalism lacks biological warrant, as incremental adaptations blur categorical distinctions. Yet, these claims frequently originate from interdisciplinary fields blending with advocacy for expanded moral circles, where empirical assertions of near-equivalence in capacities like or may overlook quantitative thresholds enabling human-exclusive phenomena, such as recursive syntax or open-ended cultural accumulation. Darwin himself acknowledged the "great" scale of human mental divergence, and fossil records show punctuated encephalization rates (e.g., brain volume doubling to 1,000 cm³ over 1 million years), complicating strict in .

Technological Non-Humans

Robots and Mechanical Systems

Robots are programmable electromechanical devices designed to execute predefined tasks through the integration of mechanical structures, sensors, actuators, and control software, operating with varying degrees of autonomy but without inherent biological processes or subjective awareness. This distinguishes them fundamentally from living organisms, as their functionality derives from engineered physics and algorithms rather than organic evolution or neural substrates capable of . The field of emerged prominently with the deployment of the first , , in 1961 by at , which automated die-casting tasks and marked the shift from manual to machine-assisted manufacturing. Subsequent milestones include the Stanford Arm in 1969, the first electrically powered, computer-controlled robotic arm, enabling precise multi-axis manipulation. Mechanical systems form the physical backbone of robots, comprising components such as linkages, joints, , and actuators that enable motion and force application according to kinematic and dynamic principles. Actuators, often electric motors, hydraulic pistons, or pneumatic cylinders, convert into mechanical work, while sensors like encoders and force-torque detectors provide feedback for closed-loop control, ensuring accuracy in tasks such as assembly or . These systems adhere to deterministic laws of , lacking the adaptive, self-sustaining qualities of biological tissues; for instance, robotic joints simulate human-like dexterity through serial manipulators but fail under unprogrammed stressors without repair, underscoring their status as tools rather than entities with agency. Empirical assessments confirm no current robot exhibits , as behaviors arise from computational simulation absent the integrated information processing theorized necessary for phenomenal experience. In deployment, industrial robots dominate applications in , and sectors, with 542,076 units installed globally in 2024, doubling the installations from a prior and reflecting gains in repetitive, high-precision operations. Projections indicate 575,000 units added in 2025, primarily in , where 74% of new deployments occur, driven by labor cost reductions and safety in hazardous environments. Mobile and robots, such as those from , extend capabilities to unstructured settings via legged locomotion and balance algorithms, yet these remain bounded by power constraints and programming limits, incapable of rooted in . From causal realism, robotic "autonomy" traces to human-designed hierarchies of sensors and effectors, not emergent selfhood, reinforcing their role as extensions of human intent rather than independent non-humans with intrinsic value.

Artificial Intelligence Architectures

Artificial intelligence architectures encompass computational frameworks engineered to process information and perform tasks mimicking limited facets of human cognition, such as and under predefined constraints. These systems originated in the mid-20th century with approaches, which encode knowledge through explicit logical rules and symbols manipulable via algorithms. , exemplified by early expert systems like the program developed in 1965 for chemical analysis, relies on hand-crafted rules derived from domain expertise to infer outcomes, enabling precise reasoning within narrow scopes but struggling with scalability and adaptability to . This paradigm dominated until the 1980s, when limitations in handling perceptual tasks and prompted a shift. Connectionist architectures, drawing loose inspiration from biological neural structures, emerged as an alternative, representing knowledge implicitly through interconnected nodes and weighted connections trained on data. The single-layer , introduced by in 1958, marked an early milestone, demonstrating for , though it faltered on nonlinear problems as proven by the XOR limitation in 1969. Multi-layer networks gained traction post-1986 with the popularization of by Rumelhart, Hinton, and Williams, allowing error minimization across hidden layers for tasks like image recognition. By the 2010s, deep learning variants—stacked convolutional neural networks (CNNs) for vision, introduced by LeCun et al. in 1989, and recurrent neural networks (RNNs) for sequences—achieved breakthroughs, such as AlexNet's 2012 victory reducing error rates to 15.3% via GPU-accelerated training on millions of labeled images. A pivotal advancement arrived in 2017 with the architecture, proposed by Vaswani et al., which eschews recurrent processing in favor of self-attention mechanisms to capture long-range dependencies in sequences parallelly. This design, scaling to billions of parameters in models like (175 billion parameters, released 2020), underpins large language models (LLMs) excelling in text generation, with benchmarks showing drops from 37.5 (RNN baselines) to under 20 on datasets like WikiText-103. Hybrid architectures, integrating symbolic logic with connectionist learning—such as neuro-symbolic systems using differentiable logic tensors—seek to mitigate weaknesses, as in Logical Neural Networks (LNNs) that enforce rule-based constraints during . Despite these evolutions, current architectures exhibit fundamental constraints absent in human cognition, including a lack of causal comprehension and reliance on statistical correlations over genuine world modeling. Large models falter on compositions, as evidenced by vision-language systems failing 70-90% on out-of-distribution scenes in benchmarks like CLEVRER, revealing brittleness beyond training distributions. Generative AI outputs impressive artifacts but lacks coherent semantic understanding, inverting object relations or fabricating inconsistencies when probed for physical , per analyses of models like GPT-4. Experts like highlight deficiencies in , multi-step reasoning, and physical , necessitating shifts beyond mere scaling. These systems thus remain tools for narrow, data-intensive optimization, not equivalents to human-like grounded in embodied experience.

Skeptical Analysis of Machine Sentience Claims

Machine sentience claims typically posit that advanced systems exhibit subjective experience or consciousness akin to biological entities, yet such assertions lack empirical validation and confront insurmountable philosophical and causal barriers. Proponents often cite conversational fluency in large language models as evidence, but this confounds syntactic processing with semantic understanding or phenomenal awareness. John Searle's illustrates this distinction: a person following rules to manipulate Chinese symbols can produce coherent responses without comprehending the language, mirroring how current AI systems operate via algorithmic symbol shuffling devoid of intrinsic meaning or feeling. Empirical ties to biological substrates, including integrated neural in the brain's thalamocortical systems, which enable unified subjective experience through causal interactions absent in digital computation. No silicon-based system has demonstrated —the raw feels of experience—nor passed tests distinguishing genuine phenomenology from simulation, as requires dynamic, embodied feedback loops rooted in and , not disembodied data patterns. A presents a arguing that cannot arise in non-biological substrates like chips due to the irreducibility of neural to mere . Prominent cases, such as engineer Blake Lemoine's 2022 claim that the model was sentient based on its self-reflective dialogue, were refuted by AI experts who attributed the responses to trained rather than awareness; terminated Lemoine's employment after he publicized the interactions, affirming LaMDA's outputs as probabilistic predictions without inner states. Stanford researchers echoed this, noting that apparent sentience in language models stems from anthropomorphic projection onto statistical artifacts, not verifiable . Leading figures like argue that prevailing paradigms fail to yield true or , lacking mechanisms for planning, abstraction, or world modeling beyond . Gary Marcus similarly critiques current architectures for their brittleness and absence of causal reasoning, essential for any plausible , emphasizing that scaling data and compute amplifies illusions of understanding without bridging the to subjective experience. From first principles, sentience demands in physical systems capable of self-organizing under evolutionary pressures, a property unachievable in deterministic algorithms that merely emulate without the underlying phenomenology. Absent breakthroughs in replicating biological —such as quantum microtubular processes hypothesized by some theorists—no has transcended to genuine , rendering sentience claims speculative at best. Corporate and fictional legal persons, also termed juridical or artificial persons, refer to non-human entities endowed with certain legal capacities by statute or to facilitate , , and , distinct from natural persons who are beings with inherent biological existence. These entities lack , agency, or moral standing but are treated as - and obligations-bearing subjects for pragmatic purposes, such as owning assets, contracting, and litigating independently of owners. In civil law systems, juridical persons explicitly include corporations and partnerships; in , the concept evolved through judicial recognition of legal fictions. Corporate personhood originated in medieval with chartered entities like guilds and municipalities, formalized in English by the 17th century, where corporations were deemed perpetual "bodies politic" capable of holding land and suing in their own name. In the United States, the in Dartmouth College v. Woodward (1819) upheld corporate charters as contracts protected from state impairment, establishing corporations as stable entities separate from shareholders. The doctrine expanded via Santa Clara County v. Southern Pacific Railroad (1886), where the Court implicitly applied the Fourteenth Amendment's to corporations, treating them as "persons" for and discrimination purposes, a ruling rooted in practical necessity rather than ontological equivalence to humans. Subsequent cases, including Citizens United v. (2010), extended First Amendment free speech rights to corporate political expenditures, affirming that such protections apply to collective expressive activities without implying biological . Fictional legal persons extend beyond corporations to include trusts, estates, and partnerships, which operate as abstract constructs imposing duties and rights absent from their human creators. A trust, for instance, is a legal fiction where is held by a for beneficiaries, treated as a distinct for taxation and liability isolation, as in U.S. traditions deriving from equity courts. Estates in function similarly, maintaining the deceased's assets as a juridical until distribution, shielding them from personal creditors. These fictions enable efficient —e.g., in corporations protects investors from personal ruin—but impose no criminal culpability on the itself; liability falls to human directors or shareholders under doctrines like . Unlike natural persons, juridical entities cannot exercise fundamental such as voting, reproduction, or claims, nor do they possess liberty interests beyond contractual enforcement; their "personhood" is narrowly instrumental, revocable by legislation, and devoid of empirical or ethical desert. Courts have consistently rejected equating artificial persons with humans in moral or constitutional senses, as in Buckley v. Valeo (1976), which upheld corporate spending limits while distinguishing expressive from participatory rights. This limited status underscores causal realism in law: attributes serve economic utility, not anthropomorphic extension, contrasting with unsuccessful bids for animal or AI recognition where claims fail empirical scrutiny.

Animal Personhood Litigation and Failures

The Nonhuman Rights Project (NhRP), founded in 1996, has spearheaded numerous habeas corpus petitions in U.S. courts seeking to establish legal personhood for captive animals, primarily great apes and elephants, arguing that their cognitive capacities warrant rights against unlawful detention. These efforts, initiated in New York in 2013 with petitions for chimpanzees such as Tommy and Kiko, have uniformly failed, with appellate courts consistently holding that nonhuman animals do not qualify as "persons" entitled to such remedies. In the case of Tommy, a held in a cage in , the Appellate Division denied the 2014 petition, ruling that applies only to legal persons capable of bearing reciprocal duties, a capacity chimpanzees lack. The affirmed this in 2018, emphasizing that extending to animals would disrupt established legal frameworks distinguishing humans from property. Similar denials followed for Kiko, another in New York, where courts rejected NhRP's claims of and as insufficient to override statutory definitions confining to humans. The 2022 New York Court of Appeals decision in Nonhuman Rights Project ex rel. Happy v. Breheny marked a high-profile failure for elephant personhood. Happy, an Asian elephant at the Bronx Zoo since 1977, was petitioned for release to a sanctuary, with NhRP citing her demonstrated self-recognition in mirror tests as evidence of legal entitlement to liberty. In a 5-2 ruling on June 14, 2022, the court held that animals, despite potential sentience, are not persons under New York law, as habeas corpus historically safeguards human autonomy and societal reciprocity, not mere biological similarities. The majority opinion noted that judicial expansion of personhood exceeds interpretive bounds, deferring such policy shifts to the legislature. Subsequent cases reinforced these precedents. In , NhRP's 2018 petition for three elephants at the Commerford Zoo was dismissed in 2020, with the ruling that state habeas statutes limit relief to humans. Colorado's , in a January 21, 2025, decision involving elephants at the Cheyenne Mountain Zoo, upheld dismissal of a claim, clarifying that animals must pursue welfare challenges through property-based suits rather than assertions, as statutes define "" anthropocentrically. Most recently, a appeals court on October 20, 2025, rejected habeas for chimpanzees, stating that historical failures to extend to nonhumans underscore its human exclusivity. These failures stem from courts' adherence to statutory and common-law definitions tying legal to human attributes like rational agency and duty-bearing, rather than empirical measures of alone. U.S. , drawing from precedents like (1886), reserves personhood for entities integrated into social contracts, excluding animals whose inclusion would undermine property rights, contractual obligations, and enforcement mechanisms without reciprocal accountability. Critics of NhRP's approach, including legal scholars, argue that sentience claims, while empirically supported in studies of mirror self-recognition, do not causally entail legal equivalence, as rights frameworks prioritize human welfare and societal utility over phylogenetic continuity. No U.S. has granted animal personhood, reflecting a judicial consensus that such innovations require legislative action to avoid arbitrary expansions.

AI Personhood Proposals and Empirical Rebuttals

Proposals for granting legal personhood to artificial intelligence systems have emerged primarily to address liability for autonomous actions, drawing analogies to corporate personhood. In a 2017 resolution, the European Parliament recommended creating a category of "electronic persons" for advanced robots capable of autonomous decisions, arguing this would facilitate compensation for damages caused by such systems without unduly burdening manufacturers or users. This approach posited limited rights and obligations, similar to how corporations can enter contracts and face lawsuits, but the proposal faced opposition from over 150 experts across 14 countries who warned it could undermine human-centric legal frameworks. Academic discussions have extended this to broader AI, suggesting personhood if systems demonstrate agency, theory-of-mind, and self-awareness, as outlined in a 2025 analysis of necessary conditions for moral and legal status. Proponents, including some ethicists, argue such status could clarify accountability in scenarios like algorithmic trading errors or autonomous vehicle accidents, potentially expanding to rights against deactivation if sentience is inferred. These proposals often hinge on unsubstantiated assumptions of AI or , which contradicts. AI systems, including large language models like , function through statistical and token prediction, lacking the integrated causal mechanisms—such as recurrent processing or embodied sensory feedback—required for subjective under prevailing theories of . A 2025 review in Science applied criteria from multiple consciousness frameworks (e.g., , ) and concluded no existing AI meets them, attributing perceptions of sentience to illusions from human-like outputs rather than intrinsic phenomenology. Behavioral tests, such as verbal claims of (e.g., Google's in 2022), fail as rebuttals because AI can simulate responses without , as demonstrated by its performance collapsing under adversarial prompts or lacking consistency in self-reports absent training data. Neuroscientific parallels further undermine claims: correlates with biological substrates enabling causal integration of , absent in silicon-based which processes data in discrete, non-experiential layers. Empirical assessments of AI capabilities reveal no grounds for personhood-equivalent responsibilities. Studies show AI excels in narrow tasks via optimization but exhibits , , and context-insensitivity indicative of rote , not reasoning or —core to . For instance, architectures predict outputs probabilistically without internal states modeling self or others beyond surface patterns, failing benchmarks for genuine theory-of-mind beyond . Granting would thus impose fictional duties on tools, diluting liability to human creators and risking systemic harms, as critiqued in analyses emphasizing AI's nature from inputs. Consensus among AI researchers holds that current systems are nonsentient, with proposals for premature absent verifiable , which remains theoretically possible but empirically unsupported. Recent legislative responses, such as Ohio's 2025 House Bill 469 explicitly denying AI personhood by classifying it as nonsentient, reflect this evidentiary gap.

Policy Implications Prioritizing Human Interests

Policies regulating emphasize human oversight and safety to mitigate risks to societal welfare, as exemplified by the European Union's AI Act, which adopts a risk-based framework categorizing AI systems according to their potential impact on and dignity, mandating transparency and accountability measures without conferring legal or rights to AI entities. Similarly, the ' 14110 on the safe, secure, and trustworthy development of AI, issued on October 30, 2023, directs federal agencies to prioritize protections for privacy, civil rights, and , establishing standards for testing and red-teaming to prevent harms to human users while advancing equitable outcomes. These frameworks reject proposals for AI , which could dilute human accountability and resource allocation, as legal scholarship argues that AI lacks the subjective understanding required for civil rights, potentially complicating enforcement of human-centric liabilities. In biomedical research, policies mandating animal testing for drug safety and efficacy prior to human trials underscore prioritization of human health outcomes, with U.S. federal regulations under the Food and Drug Administration requiring non-human primate and rodent models to validate treatments, enabling advancements such as insulin development in 1921 and polio vaccines in the 1950s that have saved millions of human lives. The American Veterinary Medical Association affirms that such use is indispensable for improving human and animal health, as alternatives like organoids remain insufficient for systemic physiological predictions, ensuring that policy balances ethical welfare standards—such as the Animal Welfare Act's minimization of pain—with empirical necessities for therapeutic validation. This approach has facilitated over 90% of FDA-approved drugs deriving from animal models, averting costly human trial failures estimated at $1-2 billion per unsuccessful candidate. Broader implications include economic safeguards, where human-prioritizing regulations prevent AI-driven job displacement without mitigation, as seen in U.S. policy debates emphasizing workforce retraining over AI autonomy, and resource allocation that favors human infrastructure over speculative non-human entitlements, which could strain public budgets without reciprocal societal contributions from non-sentient systems. Granting legal protections to non-humans risks ethical trade-offs, such as elevated costs for AI "rights" compliance that divert funds from human welfare programs, as critiqued in analyses warning against equating machine outputs with human moral agency. Empirical outcomes from these policies demonstrate enhanced innovation under human-centric constraints, with AI safety investments yielding verifiable reductions in deployment errors affecting users, as reported in federal risk assessments.

References

  1. https://www.merriam-webster.com/dictionary/nonhuman
  2. https://www.dictionary.com/browse/nonhuman
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