The Inherent Value of Systemic Incoherence: Why AI Legal Systems Must Preserve the 'Patchwork' Character of Human Jurisprudence
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.
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Authors: Min Jinseong