RULEMAKING THROUGH ARTIFICIAL INTELLIGENCE: ONTOLOGICAL TRANSFORMATIONS IN THE ESSENCE OF LAW

Abstract

This article examines the fundamental transformations in the ontological essence of law resulting from the integration of artificial intelligence (AI) into the rulemaking process. It analyzes the dynamics of the transition from traditional, text-driven law rooted in human values to automated computational law. Using various methodological approaches, the study identifies the “semantic gap,” a phenomenon denoting the absence of moral purpose in AI-generated legal norms. Furthermore, drawing on empirical experience from the United States, China, and Latin American nations, the article substantiates the emerging crisis of authorship and democratic legitimacy in the legislative process. To overcome this ontological crisis, the author introduces a novel “Hybrid” model for modern legal norms. Ultimately, the research scientifically grounds the necessity of elevating the “Human-in-the-Loop” principle to the status of a constitutional and legal imperative. This is argued as essential to prevent the dissolution of law within algorithmic mechanisms and to safeguard against technocratic dictatorship.