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Synapse
January 14, 20260 citationsOpen Access

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

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GIGust Isotalo

Key Points

  • The article examines how algorithmic decision systems alter the nature of law and legal authority.
  • Employs conceptual and normative legal theoretical methodology
  • Establishes criteria for lawful adjudication versus automated administration
  • Introduces a Diagnostic Framework for Infrastructural Enforcement
  • Identifies the ontological displacement of law due to non-transparent systems
  • Highlights the need for interpretability, contestability, and auditability in legal algorithms
  • Proposes legislative and judicial interventions to maintain due process and the Rule of Law

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.

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Cite This Study

Gust Isotalo (2026) studied this question.

synapsesocial.com/papers/6967190087ba607552bb8e9ahttps://doi.org/10.5281/zenodo.18222852
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  3. 3The Dromological Divide: Infrastructural Update Authority vs. the Temporality of Law2026
  4. 4Beyond optimization: the non-computable core of law and the limits of AI-mediated legal decision-making2026
  5. 5Displacement, Dilemma, and Exit: The Ethical Stakes of Algorithmic Decision-Making2026