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Artificial Intelligence and Power's Elevation of the Company to a Constitutive Position: A Theoretical Analysis of the Corporatisation of States, Infrastructural Dependence and Decision Health

Sep 2026 · Zenodo (CERN European Organization for Nuclear Research)

Abstract

This article examines the transformation that power presents as the ‘artificial intelligence race’through its elevation of the company to a constitutive position, its organisation of the state asmediation, and its removal of the subject and society from the constitution of common life. The stateand the company are institutional identities; power is the formation that assigns these institutionstheir identities, purposes and positions. The central proposition is that power converts the capacity ithas acquired through society, by way of the modern state’s mediation, into the capacity to imposeconditions upon society.The analysis distinguishes the capabilities required to operate an existing system, renew its capacityand determine its purposes. Know-how explains the reproduction of dependence; the relationship ofcontinuous permission explains the subordination of use to the provider’s continuing conditions;constitutive exemption explains the asymmetry in the power to withdraw from conditions that otherscannot refuse. Historical documents, judicial decisions, current contracts and operational recordsprovide the basis for diagnosing this constitution while it is still in progress. Intervention plans andjudicial decisions concerning Latin America make concrete the arrangements that target politicalalternatives, the conditions under which subjects emerge and the continuity of communal life.Distinguishing protection, binding refusal and constitutive capacity allows the analysis to examineboth the existence of rights and the power to change conditions.The United Kingdom, Abu Dhabi and India cases specify the inability to establish an alternative intime, ecosystem integration, and the distinction between continuing service and capacity retained bythe purchaser. The limited suspension of services in Israel demonstrates an actual intervention by aprovider; public development and downloadable models demonstrate retained capacity. The findingsdo not establish that every political decision is subject to a corporate veto.The speed and scale added by AI extend to the convergence of official transactions and everydayactivities within the same life. The organisation of production from field to table, together withcontrolled dietary studies, brings the connections between institutional conditions and embodiedexistence into the analysis. Society is the whole of its differences; the common criterion is decisionhealth: can the subject and society make binding decisions about the conditions within which theydecide? Greater intelligence does not, of itself, increase the power to evaluate the purposes of thoseconditions through reason and to change them.Keywords: Reality Paradigm; reason and intelligence; decision health; artificial intelligence and power; the company’sconstitutive position; corporatisation of states; constitutive exemption; state mediation; infrastructural dependence;continuous permission; ontological theft; know-how; reproduction of capacity; everyday life; bodily exposure; temporalconceptual arbitrage; Homovictimus; enslavement

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