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AI Prediction as Domination in Public Institutions - A Neorepublican Perspective

Democracy
Governance
Political Theory
Public Administration
Freedom
Decision Making
Technology
Rule of Law
Hans de Zwart
Radboud Universiteit Nijmegen
Hans de Zwart
Radboud Universiteit Nijmegen

Abstract

This paper examines the political implications of AI-based predictive optimization systems in public institutions through the lens of neorepublican political theory. While current debates about algorithmic decision-making mainly focus on fairness and bias from an egalitarian liberal perspective, this analysis argues that example-based machine learning systems present a fundamental challenge to democratic governance and political freedom, necessitating an additional perspective. Drawing on neorepublican conceptions of freedom as non-domination, the paper demonstrates how predictive optimization constitutes a novel form of uncontrolled power that evades traditional mechanisms of democratic accountability and contestation. The argument proceeds in three steps. First, it distinguishes between rule-based and example-based reasoning in algorithmic decision-making, highlighting how machine learning systems derive authority from statistical patterns rather than explicit rules. Second, it establishes that while all forms of profiling by public authorities create power asymmetries, example-based predictive optimization represents a distinctly problematic form of authority due to its inherent opacity and resistance to meaningful contestation. Third, it identifies three specific challenges these systems pose to neorepublican ideals: the unavoidable absence of common knowledge regarding decision rationales, the technocratic depoliticization of governance, and the practical impossibility of meaningful contestation. The paper concludes that from a neorepublican perspective, rule-based decision-making systems should be preferred over example-based predictive optimization in public institutions, particularly for high-stakes decisions. It suggests that recent work on interpretable machine learning, specifically the possibility of reducing complex models to simpler rule-based algorithms, offers a promising technical direction more aligned with neorepublican democratic values. However, it cautions that rule-based algorithms may also not meet the full requirements of legitimate democratic governance, especially given the fundamental unpredictability of human behaviour.