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Fusillo, Artificial Intelligence and Predictive Justice: The Negation of Da Mihi Factum, Dabo Tibi Ius and the Danger of Confusing Fact with Prediction

Alessandro Fusillo, “Artificial Intelligence and Predictive Justice: The Negation of Da Mihi Factum, Dabo Tibi Ius and the Danger of Confusing Fact with Prediction,” Property and Freedom Journal (June 16, 2026)

fusillo event italyEditor’s note: This paper was presented at the event “Coercion, extortion under the guise of prevention” on June 13, 2026. Participants:

  • A. Montagner (Raixe Venete), a Venetian independentist organization
  • Father S. Visintin, Abbot of the Benedictine Monastery of Teolo
  • Avv. A. Fussillo
  • G. Vigni, former president of LIFE TV a liberal-libertarian association

Abstract: This article examines the philosophical, legal, and theological implications of predictive-justice systems based on artificial intelligence. Starting from the Misesian axiom of human action and moving through the internal Austrian School debate among Hayek, Hülsmann, and Hoppe, it draws a parallel with the Roman-law principle da mihi factum, dabo tibi ius. The analysis integrates the Catholic conception of sin and retributive justice, the distributist critique of the servile state (Belloc, Chesterton), the historical precedent of English vagrancy laws, the historical parallel with Lombrosianism and algorithmic racial profiling, and the question of a criminal law of intentions, algorithmic opacity, and the risk of a technological thought police.

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