In this article, I show why it is necessary to abolish the use of predictive algorithms in the US criminal justice system at sentencing. After presenting the functioning of these algorithms in their context of emergence, I offer three arguments to demonstrate why their abolition is imperative. First, I show that sentencing based on predictive algorithms induces a process of rewriting the temporality of the judged individual, flattening their life into a present inescapably doomed by its past. Second, I demonstrate (...) that recursive processes, comprising predictive algorithms and the decisions based on their predictions, systematically suppress outliers and progressively transform reality to match predictions. In my third and final argument, I show that decisions made on the basis of predictive algorithms actively perform a biopolitical understanding of justice as management and modulation of risks. In such a framework, justice becomes a means to maintain a perverse social homeostasis that systematically exposes disenfranchised Black and Brown populations to risk. (shrink)

This paper reframes the issue of appropriation, extraction, and dispossession through AI—an assemblage of machine learning models trained on big data—in terms of enclosure and foreclosure. While enclosures are the product of a well-studied set of operations pertaining to both the constitution of the sovereign State and the primitive accumulation of capital, here, I want to recover an older form of the enclosure operation to then contrast it with foreclosure to better understand the effects of current algorithmic rationality. I argue (...) that the act of enclosing is to be understood as a set of fundamental operations that consist in producing structural distinctions between inside and outside, inclusion and exclusion—whether by drawing lines on a map, constructing border walls, or by algorithmically categorizing and (mis)recognizing people and things. Tracking the transformation of an enclosure-logic into one of foreclosure, I show how current AI perpetuates and at the same time expends forms of extraction, exclusion, and dispossession toward a totalizing horizon. For, while the outside is essential and constitutive to the logic of enclosure, foreclosure, by contrast, is characterized by the “totalizing desire” to not leave anything out of it. The totalizing desire to move beyond the logic of the enclosure forecloses that the enclosure has just gotten bigger and that the operations of exclusion have been masked and displaced, making them harder to contest. (shrink)

This paper reframes the issue of appropriation, extraction, and dispossession through AI—an assemblage of machine learning models trained on big data—in terms of enclosure and foreclosure. While enclosures are the product of a well-studied set of operations pertaining to both the constitution of the sovereign State and the primitive accumulation of capital, here, I want to recover an older form of the enclosure operation to then contrast it with foreclosure to better understand the effects of current algorithmic rationality. I argue (...) that the act of enclosing is to be understood as a set of fundamental operations that consist in producing structural distinctions between inside and outside, inclusion and exclusion—whether by drawing lines on a map, constructing border walls, or by algorithmically categorizing and (mis)recognizing people and things. Tracking the transformation of an enclosure-logic into one of foreclosure, I show how current AI perpetuates and at the same time expends forms of extraction, exclusion, and dispossession toward a totalizing horizon. For, while the outside is essential and constitutive to the logic of enclosure, foreclosure, by contrast, is characterized by the “totalizing desire” to not leave anything out of it. The totalizing desire to move beyond the logic of the enclosure forecloses that the enclosure has just gotten bigger and that the operations of exclusion have been masked and displaced, making them harder to contest. (shrink)