SS120-COROLLARY 1: MONTELAGUARDIA — Disparate Treatment as Recursion Capture's Shadow
Year: 2025
Type: article
Abstract: When a single personal identifier (the name) achieves recursion capture across an institution’s compliance manifold (as modeled in LINGUAGLOSSA 001), the institution often responds by treating that name differently from others. This disparity manifests in negative forms (extra scrutiny, procedural barriers, chilling, denial of benefit, reputational harm) and also in positive forms (preferential handling, viewpoint favoritism, selective leniency or access). We argue that this is not an aberration but a structural byproduct of risk‑avoidant governance under logging, retention, cross‑silo coupling, and legal rectifiers. The result is institutional discrimination by risk centrality: a special status—favorable or unfavorable—created by the institution’s self‑preservation logic. We formalize the phenomenon, map plausible legal exposures (equal protection; Title VI/IX; retaliation; First Amendment viewpoint discrimination; due process), and propose detection metrics and governance controls that maintain parity without denying lawful risk management. Keywords: recursion capture, disparate treatment, institutional discrimination, risk minimization, superpositional token, viewpoint favoritism, compliance manifold, cognitive containment
Author: Ellis Wilson
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7105904681
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