Empathy, AI, and the Right to Be an Exception
from Part I - Understanding Empathy
Published online by Cambridge University Press: 05 September 2026
Advances in the performance of large language models (LLMs) have led some researchers to propose the emergence of theory of mind (ToM) in artificial intelligence (AI). LLMs can attribute beliefs, desires, intentions, and emotions. But, rather than employing the characteristically human method of empathy, they learn to attribute mental states by recognizing behavioral and linguistic patterns in a dataset. We ask whether LLMs’ inability to empathize precludes them from honoring an individual’s right to be an exception, from assessing character with appropriate sensitivity to a person’s individuality. We defend the following claims: (1) Both humans and LLMs can honor the right to be an exception. (2) Humans can honor that right through empathy, and LLMs cannot empathize. (3) There is distinctive moral value in honoring the right to be an exception through empathy.
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