ALGORITHMIC JUSTICE FROM RULE OF LAW TO RULE OF CODE The El-Rakhawi Doctrine of Computational Adjudication From Human Jurisprudence to Self-Evolving Legal Systems - A Unified Framework for the Age of Autonomous Adjudication, Algorithmic Bias as Crime, and AGI Accountability
Oct 2026· Zenodo (CERN European Organization for Nuclear Research)
Artificial Intelligence in Law
Abstract
ALGORITHMIC JUSTICE by Dr. M.K.A. El-Rakhawi (DOI: 10.5281/zenodo.23499006) establishes a unified framework for computational adjudication across seven parts. It transitions from Rule of Law to Rule of Code, recognizing smart contracts as self-executing law and DAOs as algorithmic legal persons. Algorithmic bias is formalized mathematically via disparate impact metrics P(O=1|G=1)/P(O=1|G=0)≠1, with criminal liability requiring mens rea (recklessness/gross negligence) while civil penalties apply strict liability. AGI accountability extends the Agentic Personhood Doctrine with Autonomy(A)=1-(human_control/total_control), employing joint-and-several liability externally and normalized internal attribution for recourse. The Living Law evolves via reinforcement learning π*=argmax_π E[Σγ^t R(s_t,a_t)], where the reward function R=U(justice,efficiency,equity,liberty,security) uses Multi-Attribute Utility Theory (MAUT) to avoid incommensurability paradoxes. Hybrid adjudication distinguishes continuous variables (linear weighting) from categorical decisions (Bayesian veto-power). Constitutional constraints and global governance frameworks ensure democratic legitimacy. Legal protection excludes abstract ideas per Alice Corp. v. CLS Bank (2014), covering only concrete legal-engineering implementations.
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