From Jurisprudence to Infrastructure: Algorithmic Governance and the Ontological Displacement of Law

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Authors: Gust Isotalo
Cited by: 0

Abstract

This article critically analyzes the jurisprudential implications of integrating high-dimensional, non-transparent algorithmic decision systems into the exercise of state legal authority. It argues that this integration effects an ontological displacement of law, transforming it from a system of contestable jurisprudence into one of automated administration. The analysis employs a conceptual and normative legal theoretical methodology to establish that when legal decisions cannot be meaningfully challenged or reviewed due to epistemic opacity, the system ceases to operate as law. Central to this argument is the "Principle of Refutability"—the systemic capacity to incorporate contradiction and to revise decisions in response to reasoned argument. The paper introduces a "Diagnostic Framework for Infrastructural Enforcement" to distinguish between lawful adjudication and automated administration based on three criteria:1. Interpretability Thresholds: Decision logic must be explainable and reconstructible.2. Contestability Points: Systems must permit adversarial challenge of input data and rationale.3. Auditability Standards: Data and model architecture must be subject to disclosure for examination. This work provides a principled basis for legislative and judicial intervention to preserve procedural due process and the Rule of Law in the digital age.

Fields of Study & Subjects

Artificial Intelligence in Law Digitalization Law and Regulation Ethics and Social Impacts of AI

Publication details

Journal / source
Zenodo (CERN European Organization for Nuclear Research)
Publication date
12 January 2026
Language
EN
Document type
Preprint