The Inherent Value of Systemic Incoherence: Why AI Legal Systems Must Preserve the 'Patchwork' Character of Human Jurisprudence
Year: 2026
Type: preprint
Abstract: As artificial intelligence models are increasingly integrated into judicial decision-making and statutory enforcement, legal design trends prioritize formal mathematical consistency and internal coherence. This paper challenges the foundational assumption that logical perfection constitutes a desirable metric for legal governance. Drawing upon critical legal realism, institutional economics, and antifragility theory, we argue that the contradictory, "patchwork" character of human jurisprudence is not a structural defect, but a vital evolutionary technology. Human legal codes absorb socio-economic shocks precisely through their internal tensions, vague standards, and historical compromises. Replacing this elasticity with an unyielding, mathematically consistent AI adjudication model risks inducing catastrophic systemic fragility under stress. We propose the "Intentional Ambiguity Parameter" (IAP) as a necessary design constraint for legal-AI architectures.
Author: Min, Jinseong
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7221870523
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