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  • 7 - Agency in the Face of Artificial Intelligence

  • from Part II - Discontent with Governance by Technological Management
  • Edited by Roger Brownsword, King's College London, Larry A. DiMatteo, University of Florida
  • Book:
    The Cambridge Handbook of the Governance of Technology
    Published online:
    30 October 2025
    Print publication:
    13 November 2025, pp 106-120

  • Summary

    This chapter examines some ways in which human agency might be affected by a transition from legal regulation to regulation by AI. To do that, it elucidates an account of agency, distinguishing it from related notions like autonomy, and argues that this account of agency is both philosophically respectable and fits common sense. With that account of agency in hand, the chapter then examines two different ways – one beneficial, one baleful – in which agency might be impacted by regulation by AI, focussing on some agency-related costs and benefits of transforming private law from its current rule-based regulatory form to an AI-enabled form of technological management. It concludes that there are few grounds to be optimistic about the effects of such a transition and good reason to be cautious.