Jili Yang has posted Algorithmic Jurisprudential Sovereignty: Systemic Smoothness and the Reconfiguration of Legal Responsibility in AI-Mediated Regimes on SSRN. Here is the abstract:
Artificial intelligence is increasingly embedded within judicial systems, legal practice, regulatory oversight, and dispute resolution mechanisms. Existing scholarship focuses on bias, liability allocation, and regulatory compliance. This paper argues that such analyses underestimate a deeper structural transformation: the emergence of systemic smoothness as the stabilizing principle of AI-mediated legal regimes. When litigants, lawyers, insurers, regulators, and judges all rely on AI-assisted reasoning systems, the legal process does not collapse. It becomes smoother. Conflict is pre-structured, argument is pre-formatted, judgment is statistically convergent, and responsibility is increasingly reframed as procedural compliance. Legal subjects remain formally present, yet the moral and cognitive tension that historically terminated responsibility in identifiable persons becomes attenuated. At the international level, divergent AI architectures embedded within different legal systems generate algorithmic jurisprudential sovereignty: legal stability becomes coupled to model design, optimization logic, and infrastructural control. Jurisprudential pluralism transitions into architectural divergence. This paper advances a multi-layer conceptual framework explaining this transformation across three dimensions: internal smoothness, cross-system divergence, and sovereignty coupling. It proposes the Judicial Smoothness Index (JSI) as a diagnostic tool for measuring the degree of structural transformation. It argues that the decisive shift is not the rise of machine agency but the reconfiguration of law from a responsibility-terminating moral structure into a risk-optimized execution layer.
