The Epistemological Dilemma of Algorithmic Justice: What is Lost When Law Becomes ‘Computable’?

Abstract The rapid and transformative evolution of artificial intelligence—from predictive recidivism algorithms to Large Language Models (LLMs) capable of passing the Uniform Bar Exam—has reinvigorated the ambition to render law ‘computable’. This article argues that this project, even in its most advanced generative forms, rests on a fundamental epistemological category error. We contend that the operational logics of AI—whether the rigid formalism of symbolic systems or the probabilistic mimicry of ‘stochastic parrots’—are structurally incompatible with the nature of legal reasoning. Synthesizing insights from the Anglo-American liberal jurisprudential tradition (Hart, Dworkin, and the Legal Realists), we demonstrate that law is an open system structurally reliant on linguistic purpose, moral commitment, and social context. We undertake a critical deconstruction of contemporary AI paradigms, showing how Generative AI’s ‘hallucinations’ and lack of intentionality represent a failure not of technical performance, but of the communicative engagement required for democratic legitimacy. What is irretrievably lost in the computational translation are the core judicial capacities of practical wisdom ( phronesis ), narrative integrity ( nomos ), and situated social intelligence. The article concludes that AI’s ontological limitations, when properly understood, reveal its true role: not to replace the human judge in adjudication, but to serve as an epistemic foil designed to augment, rather than amputate, the uniquely human burden of judgment.

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Publication Details

Journal
Law and Philosophy
Published
2026-03-02
DOI
https://doi.org/10.1007/s10982-026-09564-9
Primary Topic
Ethics and Social Impacts of AI
Type
article
Field-Weighted Citation Impact
0.00
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article

The Epistemological Dilemma of Algorithmic Justice: What is Lost When Law Becomes ‘Computable’?

Huan Zheng
Law and Philosophy
Ethics and Social Impacts of AI
article

The Epistemological Dilemma of Algorithmic Justice: What is Lost When Law Becomes ‘Computable’?

Huan Zheng
article en

Abstract

Abstract The rapid and transformative evolution of artificial intelligence—from predictive recidivism algorithms to Large Language Models (LLMs) capable of passing the Uniform Bar Exam—has reinvigorated the ambition to render law ‘computable’. This article argues that this project, even in its most advanced generative forms, rests on a fundamental epistemological category error. We contend that the operational logics of AI—whether the rigid formalism of symbolic systems or the probabilistic mimicry of ‘stochastic parrots’—are structurally incompatible with the nature of legal reasoning. Synthesizing insights from the Anglo-American liberal jurisprudential tradition (Hart, Dworkin, and the Legal Realists), we demonstrate that law is an open system structurally reliant on linguistic purpose, moral commitment, and social context. We undertake a critical deconstruction of contemporary AI paradigms, showing how Generative AI’s ‘hallucinations’ and lack of intentionality represent a failure not of technical performance, but of the communicative engagement required for democratic legitimacy. What is irretrievably lost in the computational translation are the core judicial capacities of practical wisdom ( phronesis ), narrative integrity ( nomos ), and situated social intelligence. The article concludes that AI’s ontological limitations, when properly understood, reveal its true role: not to replace the human judge in adjudication, but to serve as an epistemic foil designed to augment, rather than amputate, the uniquely human burden of judgment.

Law and Philosophy
University of Cape Town (ZA)
Peace, Justice and strong institutions
Openalex Percentile: Top 42%
Ethics and Social Impacts of AI
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The Epistemological Dilemma of Algorithmic Justice: What is Lost When Law Becomes ‘Computable’? — Huan Zheng · Law and Philosophy (2026) | TGRS Research Map | TGRS