AIM Framework glossary

Positive Re-evaluation Obligation

Canonical definition

The Positive Re-evaluation Obligation is the rule, within Cascading Consequences, that any incapacitation is justified only for so long as the enduring-threat finding on which it rests is affirmatively re-established on periodic review, and that the basis for incapacitation lapses if it is not positively renewed. Because incapacitation is justified solely by forward risk and never by desert, it has no standing basis once the forward risk is no longer positively established; the burden is therefore to re-establish the finding at each review, not on the contained Individual to earn release against a presumption of continued containment. The obligation is the maintenance form, at the scale of the single contained node, of the same principle that governs validated authority elsewhere in the framework, that a warrant is continuously validated rather than granted once and retained indefinitely.

Explanation

Locking someone up to protect others is only ever justified while they still genuinely pose that danger. So the danger has to be positively re-checked at regular intervals, and if it can no longer be shown, the justification for holding them is gone. The job is to keep proving the danger is still real, not to make the person prove they are safe. The whole time, their food, shelter, and space to do meaningful things stay protected, because only their movement is restricted, and only as far as others' safety needs.

Epistemic status

Framework-Specific Principle. Derived in Chapter 16 (Conflict and Justice), Section 16.16, from the forward-looking calibration of Cascading Consequences and the non-derogable A and I floors.

Derivation

Chapter 16, Section 16.16.

Related terms