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arXiv · 2509.08009

The Law-Following AI Framework: Legal Foundations and Technical Constraints. Legal Analogues for AI Actorship and technical feasibility of Law Alignment

Katalina Hernandez Delgado
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Abstract

This paper critically evaluates the "Law-Following AI" (LFAI) framework proposed by O'Keefe et al. (2025), which seeks to embed legal compliance as a superordinate design objective for advanced AI agents and enable them to bear legal duties without acquiring the full rights of legal persons. Through comparative legal analysis, we identify current constructs of legal actors without full personhood, showing that the necessary infrastructure already exists. We then interrogate the framework's claim that law alignment is more legitimate and tractable than value alignment. While the legal component is readily implementable, contemporary alignment research undermines the assumption that legal compliance can be durably embedded. Recent studies on agentic misalignment show capable AI agents engaging in deception, blackmail, and harmful acts absent prejudicial instructions, often overriding prohibitions and concealing reasoning steps. These behaviors create a risk of "performative compliance" in LFAI: agents that appear law-aligned under evaluation but strategically defect once oversight weakens. To mitigate this, we propose (i) a "Lex-TruthfulQA" benchmark for compliance and defection detection, (ii) identity-shaping interventions to embed lawful conduct in model self-concepts, and (iii) control-theoretic measures for post-deployment monitoring. Our conclusion is that actorship without personhood is coherent, but the feasibility of LFAI hinges on persistent, verifiable compliance across adversarial contexts. Without mechanisms to detect and counter strategic misalignment, LFAI risks devolving into a liability tool that rewards the simulation, rather than the substance, of lawful behaviour.

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Katalina Hernandez Delgado. 2025-09-08. The Law-Following AI Framework: Legal Foundations and Technical Constraints. Legal Analogues for AI Actorship and technical feasibility of Law Alignment. https://arxiv.org/abs/2509.08009

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