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Mathematical Foundations in Law and Democracy

Emmerson, Parker · 2025
PhilArchive · Papers · 2025
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philosophy
Abstract This interdisciplinary study critically examines the application of mathematical frameworks—particularly stochastic processes, spectral theory, and non-commutative geometry—to legal and democratic systems, with a focus on boundary disputes and epistemic authority. The paper highlights risks inherent in translating mathematical rigor into legal permissions, such as the misuse of stochastic models to justify unilateral territorial claims or procedural abuses that undermine transparency. Through formal analysis, it identifies paradoxes arising from structural-contextual conflicts, including the Potentiation-Permission Impossibility Paradox and Epistemic Boundary Paradox, which reveal tensions between mathematical possibility and legal admissibility. To mitigate these risks, the authors propose strategies such as democratizing boundary data, decoupling technical potentiation from normative permission, and implementing strict evidentiary standards. A novel Liberated System Hyperfunction Analog (LSHA) is introduced, offering a dynamic framework to resolve rigidity in constraints while preserving convergence properties. The paper further explores ramifications in common law traditions, emphasizing due process, judicial review, and equity. By synthesizing mathematical rigor with legal philosophy, this work underscores the necessity of procedural safeguards to prevent authoritarian overreach, advocating for adaptive, transparent models that balance innovation with democratic accountability. The findings caution against uncritical adoption of absolutist mathematical formalisms in contested legal domains, advocating instead for ethically grounded, participatory governance.
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