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

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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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-10-15
DOI
https://doi.org/10.5281/zenodo.23398622
Primary Topic
Artificial Intelligence in Law
Type
preprint
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The Inherent Value of Systemic Incoherence: Why AI Legal Systems Must Preserve the 'Patchwork' Character of Human Jurisprudence

Min Jinseong
Zenodo (CERN European Organization for Nuclear Research)
Artificial Intelligence in Law
preprint

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

Min Jinseong
preprint en

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.

Zenodo (CERN European Organization for Nuclear Research)
Peace, justice, and strong institutions
Artificial Intelligence in Law
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