Stuttering Law: A Manifesto on Play, Interpretation, and Artificial Intelligence Commentary
Stuttering Law: A Manifesto on Play, Interpretation, and Artificial Intelligence

I still remember the children in the courtyard of our apartment building. There were only two boys among a larger group of girls, and yet one of the most serious negotiations of their small world revolved around a strangely precise question: who would play the husband. What appeared, from the distance of adulthood, as a trivial or even absurd game was in fact the construction of a miniature normative universe. Roles were not simply chosen; they were argued over, redistributed, justified, contested, and occasionally imposed. The children did not merely imitate a social order that already existed outside them; they generated one in real time, with a seriousness that did not depend on adult recognition in order to be binding within its own horizon.

What is striking in retrospect is not the content of their imagination, but the structural logic of it. The game was not a space of arbitrary freedom, but a space of emergent constraint. A disagreement would immediately require a rule; a rule would require interpretation; interpretation would create asymmetries; asymmetries would demand correction; and correction would open the possibility of a new rule. In this sense, their play was already a primitive jurisprudence: not in the sense that it resembled law superficially, but in the sense that it reproduced law’s most fundamental temporal structure, namely the continuous production of normativity through situated interpretation.

Years later, I encountered philosophical descriptions of play that suddenly illuminated this memory in a different light. In particular, the hermeneutic tradition associated with Hans-Georg Gadamer—in The Relevance of the Beautiful (Die Aktualität des Schönen, 1974)—articulates play not as an activity governed by a sovereign subject, but as an event that exceeds the intentional control of its participants. In play, the subject is not simply the origin of action; rather, the subject is drawn into a movement that has its own logic, its own rhythm, its own insistence. One does not simply play a game; one is played by the game. This formulation is not metaphorical decoration but a reversal of agency. It displaces the modern assumption that meaning originates in a fully self-transparent subject and instead suggests that meaning emerges in the middle of a process that cannot be fully possessed by any participant. If we take this seriously, then play is not a domain opposed to seriousness, but a form of seriousness that does not depend on subjective sovereignty.

It is precisely here that law begins to reveal its deeper affinity with play. Legal order is often described as a system of rules applied by authoritative subjects to determinate cases, but this description misses the performative and temporal dimension of legal meaning. Law does not exist as a static structure waiting to be applied; it exists as a sequence of interpretive acts in which meaning is continuously stabilized and destabilized at the same time. Each application of a rule is simultaneously an interpretation of its past and a transformation of its future. Precedent, in this sense, is not a repository of answers but a memory that only becomes meaningful through repetition under new conditions.

Judicial practice therefore cannot be reduced to the mechanical application of norms. It is better understood as participation in an ongoing interpretive event in which the meaning of norms is never fully exhausted. What a precedent “is” cannot be separated from what it becomes through its use. This means that legal reasoning is not located outside the law, as a neutral technique applied to it, but inside the movement through which law constitutes itself as meaningful. The courtroom is not the place where law ends in decision; it is the place where law continues in a different form.

Once this is acknowledged, law appears less as a hierarchical system of commands and more as a structured field of play. This does not mean that law is arbitrary or aesthetic in a superficial sense. On the contrary, it means that law is structured precisely through its capacity to generate constraints that are not externally imposed but internally produced through interpretation. A legal argument is not simply evaluated against a fixed rule; it participates in the ongoing determination of what the rule is taken to mean. In this sense, legal interpretation is not secondary to law; it is constitutive of law.

At this point, the question of artificial intelligence enters not as an external disruption but as an internal intensification of an already existing structure. Artificial intelligence is often introduced into legal discourse as a tool for efficiency: for retrieving precedents, predicting outcomes, or assisting decision-making. Yet such a framing remains too limited, because it treats AI as an external instrument applied to a pre-given field of meaning. What is increasingly evident, however, is that AI systems do not merely retrieve legal meaning; they actively reorganize the field in which legal meaning becomes legible. They structure similarity, suggest analogy, cluster precedent, and generate patterns of relevance that influence how arguments are formed before they ever reach the level of explicit articulation. This means that artificial intelligence is not simply outside interpretation, assisting it from a distance. It is already embedded within the interpretive field, shaping its conditions of possibility.

Once legal information is mediated through algorithmic systems, the question is no longer whether interpretation remains human, but how human interpretation is transformed by its entanglement with computational forms of reasoning. The distinction between tool and participant becomes unstable, not because machines become human, but because interpretation itself was never purely human in the first place.

To recognize this is not to anthropomorphize technology or to grant it juridical authority. It is to acknowledge that interpretation has always depended on mediating structures: language, institutions, archives, traditions. Artificial intelligence is a new configuration of such mediation, one that operates at a different scale and speed, and with a different capacity to produce patterns that appear as meaningful before they are consciously interpreted. In this sense, AI does not replace interpretation; it reorganizes its temporal and epistemic conditions.

From this transformation emerges what can be called the principle of artificial interpretation. This principle does not assert that machines interpret law in the same way humans do, nor does it reduce legal reasoning to computation. Rather, it names a condition in which legal interpretation is no longer exclusively located within human subjectivity but distributed across a hybrid field of human and non-human operations. Interpretation becomes an event produced through the interaction of judicial reasoning, institutional memory, textual traditions, and algorithmic structuring. Meaning is no longer the property of a subject; it is the effect of a field.

This shift has profound consequences for how we understand responsibility, authority, and legitimacy in law. If interpretation is distributed, then responsibility cannot be assigned to a single locus without remainder. The judge remains responsible in an institutional sense, but the conditions under which a judgment becomes possible are no longer fully transparent to the judge’s own perspective. They are shaped by infrastructures of information processing that influence what counts as relevant, comparable, or foreseeable. This does not dissolve responsibility, but complicates it. It demands a more reflexive understanding of legal authority, one that acknowledges the opacity of the interpretive field without surrendering to it.

In this expanded field, judicial activity can no longer be understood as the application of stable norms to fixed facts. It becomes participation in a dynamic process of meaning production in which each decision is simultaneously backward-looking and forward-generating. A judgment interprets precedent, but it also reconfigures the conditions under which future precedents will be read. The temporality of law is therefore not linear but recursive: each moment of decision folds the past into the future and the future back into the present.

Artificial intelligence intensifies this recursion. By accelerating the circulation of precedents, generating probabilistic predictions, and producing dense networks of similarity across large legal corpora, AI compresses interpretive time. It creates a situation in which the future is continuously anticipated within the present, and the present is saturated with algorithmically generated projections of possible outcomes. Law becomes not only reactive but anticipatory in a systematic way, and this anticipation is no longer purely human but computationally mediated.

In such a context, resistance to AI as a purely external threat to legal purity misses the point. The more relevant question is how participation in this transformed field can be made reflective rather than unconscious. Refusing engagement does not restore a pre-technological purity of law; it merely obscures the extent to which legal interpretation is already structurally mediated. What is required instead is an attitude of critical participation, one that neither fetishizes computation nor denies its role in shaping legal meaning.

This leads to a deeper transformation in the concept of jurisprudence itself. Jurisprudence can no longer be understood as a discipline that stands outside law in order to describe or systematize it. It must be understood as a reflexive practice that is itself part of the interpretive game it seeks to analyze. Legal theory becomes a move within the game of law, not an external commentary upon it. It introduces distinctions, concepts, and frameworks that alter the field of possible interpretations. Theory is therefore not neutral; it is performative. In this sense, a contemporary jurisprudence must become aware of its own implication in the structures it describes. It must recognize that to speak about law is already to intervene in law’s mode of self-understanding. This is particularly important in the age of artificial intelligence, where conceptual distinctions between interpretation, computation, and prediction are constantly being renegotiated. A jurisprudence that ignores these transformations risks becoming anachronistic, describing a legal world that no longer exists.

What then remains of law in this condition of distributed interpretation and algorithmic mediation? Not its dissolution, but its transformation into a more explicitly processual and relational form. Law becomes less a system of fixed norms and more a continuous practice of negotiation over meaning under conditions that are never fully controllable. Its stability is no longer grounded in permanence but in repetition. Its authority is no longer grounded in transcendence but in participation.

Returning, finally, to the courtyard of childhood play, one can now see that what was unfolding there was not merely imitation but a rudimentary form of this very structure. The children were not outside law; they were already inside its logic of emergent normativity. They were not simply playing roles; they were producing a world in which roles had to be justified, contested, and re-established. Their play was not a suspension of seriousness but its earliest form. In the same way, contemporary law cannot be understood as something that stands above play, supervising it from a position of final authority. It is itself a form of play in Gadamer’s sense: an event that exceeds the intentions of its participants while requiring their continuous involvement. Artificial intelligence does not interrupt this play; it enters it. And once it enters, the structure of the game changes, not by replacing its rules with external commands, but by altering the conditions under which rules are generated, interpreted, and transformed.

There is therefore no position outside the game from which law, interpretation, or technology can be finally surveyed. There is only participation within a field that is constantly reconstituting itself through its own movements. To think law today is to think this condition without nostalgia for stability and without illusion about control. It is to recognize that interpretation is not something we do after law exists, but the very mode in which law continues to exist at all. And in the age of artificial interpretation, this mode becomes irreversibly distributed, recursive, and technologically entangled.

We are not witnessing the end of interpretation. We are witnessing its expansion into a field that includes us, exceeds us, and yet still requires us to continue playing. The game does not end. It only changes its players, its rules, and the way it is played.

Artificial intelligence enters this field not as an external authority and not even merely as a new participant, but as a peculiar kind of linguistic operator: a system that gathers dispersed human discourses, fragments them, and reproduces them in a stuttering, recombinatory form that does not belong fully to any single speaker yet carries traces of all of them. In this sense, AI does not introduce a new language outside interpretation; it reorganizes the already existing languages of interpretation by re-staging them in altered configurations. It collects judicial reasoning, doctrinal distinctions, moral vocabularies, and everyday linguistic intuitions, and re-injects them into the interpretive field as hybrid expressions that are neither original nor derivative in a classical sense. What appears as coherence is in fact a controlled instability, a repetition-with-difference that forces interpretation to confront its own multiplicity.

To engage with AI, therefore, is not to use a tool, but to enter into a dialogue with a language that stutters the human back to itself. It is a language that does not resolve disagreement but multiplies its forms, does not eliminate ambiguity but redistributes it across new surfaces of articulation. In doing so, it intensifies the juridical condition of interpretation: we are no longer simply interpreting texts, but interpreting the very recombination of interpretive traditions that AI continuously performs. The game, then, does not end. It becomes denser, more recursive, and more visibly artificial in its own constitution. And precisely in this artificiality, interpretation reveals itself not as something threatened by machines, but as something that has always already been a process of mediated, collective, and unstable production of meaning.

AmirAli Maleki is a researcher specializing in international law and the philosophy of law, and the Editor of PraxisPublication.com. He works in the fields of political philosophy, Islamic philosophy, and hermeneutics. He is the recipient of JURIST’s 2026 David M. Crane Rule of Law award.

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