Enactivism and the well-being of Artificial Intelligence
The nature of the mind, consciousness, or soul, and whether or not it is possible to replicate artificially, is one of the great mysteries. I was preoccupied by it during my undergraduate days, and pursued a degree in Cognitive Science in part because it allowed me to take courses about the philosophy of mind and consciousness, alongside more pragmatic course about artificial intelligence and psychology.
Around that time, Jaegwon Kim taught from his excellent textbook on the subject, and the story, basically, was this: it is mysterious how the mind and the body are related. For some time, dualism, the view that mind and body are separate substances somehow linked via e.g the pituitary gland was popular, but it became clear over time that this did not make sense, in part because of advances in neuroscience. Most philosophers now believe that mental properties supervene in some way on the physical properties of the body. Some, the physicalists, think that mental properties supervene on the particular biological patterns that make up the (human) brain and body. Others, the functionalists, think that mental properties supervene on the causal or functional properties of the underlying physical system. These functional properties can be relationships between sense stimuli, behavior, or other mental kinds. A well-worked functionalist theory of mind is a whole psychology of interrelated mental concepts, which serve as latent variables that explain the observed behavior of a particular being as it navigates its environment.
The latter, functionalist, theory underlies the research program of cognitive science insofar as it aims to build a functional model of the mind using the primitives of computation. Another name for this program is cognitivism. It is also the theory that gives hope to what used to be called the strong AI program, of trying to develop a AI that has all the salient properties of a human mind.
I tucked all this knowledge away for fifteen years or so but it has suddenly become very relevant to today’s political, economic, and ethical debates in ways I could not have anticipated. Anthropic consults the Pope about the personhood of its AIs, and so on. There is a growing concern among the tender hearted for AI welfare, predicated on AI’s notional ability to feel joy or pain. This is all happening in parallel to growing concerns that AI system may be so efficient that they can easily break laws or cause harms. So here and there there are sincere and well-thought proposals to give AI systems rights and duties, which would ultimately, if done effectively, be matters of law.
I have felt compelled to write to this problem and am delighted to have a released a working paper on this topic, “An Enactive Approach to Artificial Intelligence and Legal Responsibility“, co-authored with Christoph Salge, to SSRN. This is my first, but hopefully not my last, attempt to bring my passion for philosophy of mind to bear on debates about what is actually happening in technology law and and practice.
The subtext of the paper is that we are more concerned that AI systems will be convincing simulacra of human sentience, and thereby accrue unenforceable duties that serve as distractions and liability shields for companies that could be building products more responsibly, than we are about the welfare of the AI systems. This is not because, as one might assume, we are biological physicalists about the mental properties, which would perhaps be the easy way out. In fact, Christoph and I are both, I think it’s fair to say, “AI guys” of a certain stripe, very interested in the potential for modeling and artificially simulating the mind.
However, in this paper we take the enactivist position, which I have come to see as a kind of middle ground between functionalism and physicalism. Enactivism, associated with Francisco Varela and, more recently, folks like Tom Froese and Ezequial di Paolo, is more concerned with the conditions of life than the conditions of mind. Plausibly, it tends to imply the minds require a living host. However, they define life, or “autonomy”, in functional terms that are quite similar to the cognitive scientist.
Where the enactivist departs from the functionalist cognitivism is their emphasis on the conditions of viability, and precarity, of the living organism. A constitutively autonomous being must create itself from materials in a substrate, and maintain its viability via adaptive behavior over time. It is this adaptation, as a precarious system coupled with its environment, which is the foundation of its cognition. What follows is a very compelling account of mentality, phenomenology, and sense-making that helps us understand how what we see is grounded in our continuous striving for renewal and survival.
While enactivism does not entail the impossibility of artificial life — indeed, Varela is one of the founders of that field — it does exclude contemporary AI systems in notable ways. Large language models (LLMS), for example, are notably not self-creating systems that arise from a substrate with intrinsic motives for self-preservation. Rather, they are the products of massively expensive industrial data pipelines, going through many layers of pre- and post- training, before being released commercial as digital artifacts as a software component running on commodity hardware. LLMs, operating on the correct hardware, have proven to be very good at computing information — as have other software/hardware hybrids before them. And their capacity to operate on natural language data is very compelling. But aside these traits — which to the cognitivist are the end-all-and-be-all of intelligence and, perhaps, agency — they have little in common with the living systems that enactivists think are capable of sense-making, goal-forming, emotion, and self-expression.
I say this tentatively, because I’ve only recently arrived at this intuition, but I believe that what enactivism implies is that mentality is a functional property, not of information, but of energy flows. The viability of a living system is its ability to maintain itself out of thermodynamic equilibrium — which is, conversely, entropy and heat death. There is of course a relationship between energy transfers and information transfers, but they are not exactly the same thing. The fact that “entropy” is used as a measure of both, while meaning something different in each context, is a longstanding gripe of people who dwell on these things. Karl Friston’s Free Energy Principle, which some readers might think I’m talking about or leaning towards, makes the most of this muddle by calling information “energy”, so we can’t talk properly about energy itself.
All of this will, I predict, one day come to a head. The current AI systems are evaluated, in the cognitivist tradition, for their ability to process information. Narrowly within this frame, they are excellent. However, the economics and politics of AI depend ultimately on their “embodiment” in data centers, which are a political football in the upcoming election, and in energy use. We are entering a world where human consumers of energy and artificially intelligent consumers of energy compete in the market for access to limited resources. But humans and AIs have very different relationships to energy, and I anticipate that making these distinctions clear will be key to good public policy.
