Forgotten Boundaries in Law: On AI and Neurotechnology
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University College Cork, School of Law
Ireland -
University College Dublin, School of Communication and Information Studies Ireland
Abstract
This article focuses on the intersection of private law, science and technology studies (STS) and frontier technologies such as artificial intelligence (AI) and neurotechnology to demonstrate how myths and narratives shape sociotechnical developments. It examines how private law traditionally relies on the concept of the ‘natural person’, with clear boundaries between inner and outer realms – a myth that influences law and technology scholarship. The article first analyses different narratives applicable to AI and neurotechnology that challenge established legal concepts such as persons and things. Then, through narrative analysis, it demonstrates how private law has been transformed by, and simultaneously transforms, various technoscientific practices. The perspective deployed in this article aims to contribute to law and technology scholarship by introducing a comparative and pluralistic methodology that combines historical and comparative legal analysis with STS to understand the mutual shaping of law and technology.
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Author Biographies
Talya Deibel is a senior postdoctoral researcher in the Law and the Inner Self project, at the University College Cork, Ireland. Talya received her LLM in law and economics (2012), and her PhD in private law (2018) at Bilkent University. She previously had several postdoctoral positions including Oxford IECL, Unidroit Institute, La Sapienza University, and Amsterdam Centre for Transformative Private Law (ACT). Before joining UCC, Talya was an assistant professor in Roman law and comparative private law at Bilkent University where she was the chair of legal history. Her interdisciplinary research agenda revitalises the foundations of European law within the context of contemporary private law, STS, and applied fields that include AI and neurotechnology, gender, and ethics.
Eric Deibel is a researcher with a focus on artificial intelligence, responsibility, and biotechnology. He holds a Ph.D. in Science and Technology Studies (STS) from the Vrije Universiteit Amsterdam. Following his Ph.D., he received an Andrew W. Mellon Fellowship at Indiana University Bloomington and an IFRIS Research Fellowship in Paris. He has held academic positions at the University of Delft and Bilkent University, where he served as a lecturer and assistant professor.
Eric's work explores the intersection of "life" and "information," particularly how life sciences and bio-economies are constructed from data, facts, and artifacts. His research also examines global governance and the evolving concepts of life and nature across fields such as AI, intellectual property, health, and environmental policy. His recent publications include Recoding Life: Information and the Biopolitical (Routledge, 2019) and Rousseau and the Future of Freedom(Routledge, 2023).
