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<p>Artificial Intelligence ("AI") systems exhibiting autonomous decision-making capacities raise questions about the adequacy of traditional theories of distributive justice, which were designed for human cooperation. This article examines whether contractualist political theory can respond to these challenges through modified Rawlsian frameworks. Drawing on justice theory, intersectionality scholarship, and posthuman philosophy, we propose a “posthuman theory of justice” that considers human-AI assemblages as cooperative arrangements requiring principles of fair distribution. The article develops a “hybrid original position” - an adapted Rawlsian thought experiment where deliberators choose justice principles under uncertainty about whether they will function as humans, artificial agents, or hybrid entities. This approach suggests four technological constitutional principles (due process, separation of powers, equal protection, and federalism adapted for AI governance) and three distributive principles: hybrid liberty (technological access rights), posthuman difference, and mutual capability development. While building on established contractualist methods, this framework addresses limitations in current AI governance approaches that focus primarily on harm prevention. The analysis acknowledges significant theoretical and practical limitations requiring further empirical investigation and cross-cultural dialogue.</p>

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Justice beyond the human: a hybrid original position for human-AI assemblages

  • 期刊论文

  • 发表日期：

    2025年8月24日

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  • Hyungjoon Jun,
  • Hyun Jung Lee

摘要

Artificial Intelligence ("AI") systems exhibiting autonomous decision-making capacities raise questions about the adequacy of traditional theories of distributive justice, which were designed for human cooperation. This article examines whether contractualist political theory can respond to these challenges through modified Rawlsian frameworks. Drawing on justice theory, intersectionality scholarship, and posthuman philosophy, we propose a “posthuman theory of justice” that considers human-AI assemblages as cooperative arrangements requiring principles of fair distribution. The article develops a “hybrid original position” - an adapted Rawlsian thought experiment where deliberators choose justice principles under uncertainty about whether they will function as humans, artificial agents, or hybrid entities. This approach suggests four technological constitutional principles (due process, separation of powers, equal protection, and federalism adapted for AI governance) and three distributive principles: hybrid liberty (technological access rights), posthuman difference, and mutual capability development. While building on established contractualist methods, this framework addresses limitations in current AI governance approaches that focus primarily on harm prevention. The analysis acknowledges significant theoretical and practical limitations requiring further empirical investigation and cross-cultural dialogue.