Rechtsnormen: Journal of Law
Vol. 3 No. 6 (2025)

The Ethical Underpinnings of AI Regulation: A Jurisprudential Inquiry into Algorithmic Fairness and Transparency

Nurul Huda (Universiti Brunei Darussalam (UBD))
Shamsul Anwar (Brunei Institute of Leadership and Management)
Sonam Lhamo (Gaeddu College of Business Studies)
Unggul Sagena (Southeast Asia Freedom pf Expression Network (SAFEnet))



Article Info

Publish Date
10 Dec 2025

Abstract

Background. Concerns regarding algorithmic bias and opacity have prompted regulatory responses that invoke ethical principles, particularly fairness and transparency, yet their jurisprudential foundations remain insufficiently explored. Purpose. This study aims to examine the ethical underpinnings of AI regulation through a jurisprudential inquiry into algorithmic fairness and transparency, focusing on how legal philosophy informs the normative structure of contemporary AI governance. Method. The research employs qualitative normative legal methodology grounded in jurisprudential analysis. Primary materials include AI regulatory frameworks, ethical guidelines, and judicial reasoning. Results. The findings show that AI regulation predominantly operationalizes fairness and transparency as procedural legal duties rather than substantive moral ideals. Ethical principles are translated into enforceable standards such as explainability, accountability, and non-discrimination, reflecting institutional and jurisprudential constraints. Conclusion. The study concludes that AI regulation represents a juridification of ethics shaped by enduring jurisprudential traditions. The novelty of this research lies in its integration of AI regulatory analysis with legal philosophy.

Copyrights © 2025






Journal Info

Abbrev

rjl

Publisher

Subject

Description

Rechtsnormen: Journal of Law is a leading international journal focused on the global exchange of knowledge in Law as well as advancing research and practice across law disciplines. The journal provides a forum for articles reporting on original research, systematic and scholarly reviews focused on ...