At some point in history – some smoke-filled Enlightenment salon, some powdered wig convention – someone floated the idea that when opinions differ, the “fairest” way forward is to count hands and let the larger number win. On the surface, it feels intuitive. If ten want tea and nine want coffee, surely the tea-drinkers deserve their kettle.
But the trick lies in the numbers. By this logic, 49% of the people get exactly what they did not want, and their consolation prize is the promise of “next time”. What passes as fairness is simply coercion with polite manners.
The problem is structural:
Majority ≠ Mandate. A slim majority is just a statistical accident elevated into divine authority.
Minorities Lose by Default. If you belong to a permanent minority – ethnic, cultural, ideological –you may never taste victory, yet you’re still bound to abide by everyone else’s “consensus.”
Abstainers Become Scapegoats. When two candidates split a third of the population each and the rest sit out, the “winner” is crowned with less than half the electorate behind them. The abstainers are then blamed for “not preventing” the outcome, as though voting for a candidate they disliked would have saved them.
Why did this formula gain traction? Because it looked neat. It gave the appearance of fairness, a clean heuristic: count, declare, move on. Like democracy itself, it was born of Enlightenment rationalism’s obsession with rules, numbers, and abstraction. The premise was that humans are rational agents, and rational agents could submit to a rational procedure. The reality: humans are messy, tribal, irrational.
Majority rule became a ritual of laundering domination into legitimacy. “The people have spoken” is the priestly incantation, even if two-thirds of the people didn’t.
If we strip the veneer, what remains is not fairness but a convenient shortcut – one that was accepted, then sanctified, because it seemed better than monarchy and cheaper than perpetual stalemate. And so we’ve been living under the ghost of that decision ever since, confusing arithmetic with justice.
We are governed by phantoms. Not the fun kind that rattle chains in castles, but Enlightenment rational ghosts – imaginary citizens who were supposed to be dispassionate, consistent, and perfectly informed. They never lived, but they still haunt our constitutions and television pundits. Every time some talking head declares “the people have spoken”, what they really mean is that the ghosts are back on stage.
The conceit was simple: build politics as if it were an engineering problem. Set the rules right, and stability follows. The trouble is that the material – actual people – wasn’t blueprint-friendly. Madison admitted faction was “sown in the nature of man”, Rousseau agonised over the “general will”, and Condorcet managed to trip over his own math. They saw the cracks even while laying the foundation. Then they shrugged and built anyway.
Audio: NotebookLM podcast on this topic.
The rational ghosts were tidy. Real humans are not. Our brains run on shortcuts: motivated reasoning, availability cascades, confirmation bias, Dunning–Kruger. We don’t deliberate; we improvise excuses. Education doesn’t fix it – it just arms us with better rationalisations. Media doesn’t fix it either – it corrals our biases into profitable outrage. The Enlightenment drafted for angels; what it got was apes with smartphones.
Even if the ghosts had shown up, the math betrayed them. Arrow proved that no voting system can translate preferences without distortion. McKelvey showed that whoever controls the sequence of votes controls the outcome. The “will of the people” is less an oracle than a Ouija board, and you can always see whose hand is pushing the planchette.
Scale finishes the job. Dunbar gave us 150 people as the human limit of meaningful community. Beyond that, trust decays into myth. Benedict Anderson called nations “imagined communities”, but social media has shattered the illusion. The national conversation is now a million algorithmic Dunbars, each convinced they alone are the real people.
Audio: This is a longer (40-minute) NotebookLM podcast on the essay itself.
Why did democracy limp along for two centuries if it was this haunted? Because it was on life-support. Growth, war, and civic myth covered the cracks. External enemies, national rituals, and propaganda made dysfunction look like consensus. It wasn’t design; it was borrowed capital. That capital has run out.
Cue the panic. The defences roll in: Churchill said democracy was the “least bad” system (he didn’t, but whatever). Voters self-correct. Education will fix it. It’s only an American problem. And if you don’t like it, what – authoritarianism? These are less arguments than incantations, muttered to keep the ghosts from noticing the creaks in the floorboards.
The real task isn’t to chant louder. It’s to stop pretending ghosts exist. Try subsidiarity: smaller-scale politics humans can actually grasp. Try deliberation: citizens’ assemblies show ordinary people can think, when not reduced to a soundbite. Try sortition: if elections are distorted by design, maybe roll the dice instead. Try polycentric governance: let overlapping authorities handle mismatch instead of hammering “one will”. None of these are perfect. They’re just less haunted.
Enlightenment democracy was built to fail because it was built for rational ghosts. The ghosts never lived. The floorboards are creaking. The task is ours: build institutions for the living, before the house collapses under its own myths.
The Argument in Skeleton Form
Beneath the prose, the critique of Enlightenment democracy can be expressed as a syllogism: a foundation that assumed rational citizens collides with psychological bias, mathematical impossibility, and sociological limits. The outcome is a double failure – corrupted inputs and incoherent outputs – masked only by temporary props.
Figure: Logical skeleton of “Rational Ghosts: Why Enlightenment Democracy Was Built to Fail.” For the complete essay, with sources and elaboration, see the open-access preprint on Zenodo: https://doi.org/10.5281/zenodo.17250225
Radical Futures Studio’s “7 Signals” deck has been circulating widely. It’s a striking example of Storytelling 101: identify a villain, chart the signs of its decline, and point toward an eventual resolution. In this case, the villain is white supremacy. The signs are its institutional and cultural fray. The resolution is its collapse.
Audio: NotebookLM podcast on this topic.
As far as stories go, it’s effective. It provides a framework, some memorable imagery, and the reassurance that the ugliness on display today is a death rattle, not a resurgence. No wonder it resonates. People want to believe the noise means the monster is dying.
Racism is not the root structure; it is a symptom, a mask
But as analysis, the frame is too tight. Racism is not the root structure; it is a symptom, a mask. White supremacy is real enough in its effects, but its persistence and decline are contingent. The deeper system – the scaffolding of late-stage capitalism, the Enlightenment’s brittle universalism, the institutions now staggering under their own contradictions – remains the host. When whiteness peels away, the system does not vanish. It simply rebrands.
To point to the peeling paint and say ‘the house is collapsing’ is to mistake surface for structure. Yes, the paint matters; it shapes how people experience the walls. But the real rot lies deeper, in the beams. The Enlightenment project promised seamless cloth: rationality, universality, permanence. Capitalism promised endless expansion and renewal. Both promises are faltering, and the cracks are visible everywhere – climate, finance, governance, identity. Racism, whiteness, supremacy: these are one set of cracks, not the foundation itself.
The risk of the ‘signals’ narrative is that it offers too neat a moral arc. It comforts the audience that the villain is cornered, that justice is baked into the future. But history is rarely so tidy. Supremacy does not die; it changes costumes. One mask slips, another is stitched on. If we mistake the collapse of whiteness for the collapse of the system, we blind ourselves to how easily the scaffolding survives in new guises.
Racism is a systemic lie
None of this is to reject the cause. Racism is a systemic lie, and its decline is worth cheering. But it is not enough to track the noise of its death rattle. To understand the larger story, we need to step back and see the woods for the trees. The true collapse underway is broader: the exhaustion of capitalism’s last stage, the unravelling of Enlightenment’s promises, the loss of legitimacy in institutions that no longer hold. That is the forest in which the tree of whiteness withers.
If we focus only on the tree, we risk missing the landscape. And if we mistake peeling paint for the beams, we risk celebrating cosmetic decline while the house quietly reassembles itself under a different banner.
We live in an era where anyone can beam their thoughts into the ether at the push of a button. This would be a miracle if those thoughts weren’t so reliably idiotic. The internet promised democracy of speech; what it delivered was a landfill of charts no one understands, memes that spread faster than viruses, and the gnawing sense that humans are simply not rational enough to handle the privileges they’ve been given.
“Democracy may trust everyone with a voice, but civilisation can’t survive everyone with a megaphone.”
– I just made this up – smh
The Enlightenment told us we were “rational animals,” armed with Reason, the noble faculty that would lift us out of ignorance and into perpetual progress. What a joke. We aren’t Vulcans; we’re apes with Wi-Fi. We mash the publish button before our brains have caught up, then scream “free speech” when anyone suggests that words might require responsibility.
Imagine if driving worked this way. No test, no licence, no consequences: just a toddler at the wheel, claiming God-given rights to swerve across lanes. That’s social media in its current form. The people most in need of regulation are the least likely to pass even the most basic competency exam. Yet they strut about, convinced that posting a graph about Mississippi’s GDP makes them the second coming of Adam Smith.
5 Brutal facts about Europe’s economy. Europe’s richest countries are now poorer than Mississippi. Americans have way more spending power, their companies are getting crushed, birth rates are tanking, and they’ve been left out of the industries that will define the future. Here are 5 hard truths Europe can’t afford to ignore.
NB: Under any condition, do not assume I endorse the misframed cherry-picking of this smug geezer, the progenitor of this post.
The truth is obvious but inconvenient: rationality is not humanity’s natural state. It’s a rare, costly condition, summoned only with discipline, education, and luck. Most of the time, we prefer shortcuts — tribal loyalties, gut feelings, dopamine hits. And yet we hand out the privileges of unfiltered speech, instantaneous broadcasting, and algorithmic amplification as if every citizen were Kant’s ideal autonomous agent.
The result? Chaos. Outrage machines. “Debates” about whether Europeans are backward barbarians for drinking water without ice cubes. These aren’t signs of liberty. They’re symptoms of a species drunk on its own mythology of reason.
Maybe we don’t need a new Marshall Plan for air conditioning in Europe. Maybe we need one for sanity. Start with a licence to post: a simple exam to prove you know what a source is, can tell a correlation from a cause, and won’t confuse market cap with civilisation itself. Civilization would be quieter. And perhaps, mercifully, a little less stupid.
Reason is not an oracle of truth but a spectrum-bound tool, and when it is worshipped as absolute, it curdles into pathology. True rationality knows when to temper itself, when to equivocate, and when a kind lie is wiser than a cold fact.
Reason and rationality are the household gods of modernity. We light incense to them daily: follow the science, be reasonable, act rationally. But before we genuflect, it’s worth asking what exactly we mean. By reason, I mean the faculty of inference – spotting contradictions, tracing causes. By rationality, I mean the practice of applying that faculty toward some end. That’s all. Nothing mystical.
Audio: NotebookLM podcast on this topic.
The trouble starts when these concepts are treated as absolutes. They aren’t. They vary in intensity and application. A person’s reasoning operates on a spectrum with something like frequency and amplitude. Some minds hum at low frequency – broad strokes, contradictions smoothed over by intuition. Others burn hot at high frequency and amplitude – rapid logical leaps, obsessive consistency, the inability to let a premise go. And while some reason flows like a continuous wave – steady, consistent, predictable – other forms fire more like particles: synaptic sparks that don’t always connect, logic arriving in bursts or stutters rather than as a smooth line.
“But a normal ego of this sort is, like normality in general, an ideal fiction. The abnormal ego, which is unserviceable for our purposes, is unfortunately no fiction. Every normal person, in fact, is only normal on the average. His ego approximates to that of the psychotic in some part or other and to a greater or lesser extent; and the degree of its remoteness from one end of the series and of its proximity to the other will furnish us with a provisional measure of what we have so indefinitely termed an ‘alteration of the ego’.”
― Sigmund Freud
Push too far and what we sanctify as ‘reason’ bleeds into what psychiatry pathologises as autism or schizophrenia. Meanwhile, ‘normal’ cognition always includes an emotional ballast. Strip it out and the result looks alien, even monstrous. Freud’s quip about psychopathy – that the psychopath differs from the rest of us in degree, not kind – applies just as well to reason. Rationality is simply the socially acceptable blend of logic and affect. Deviate, and you’re declared broken.
Camus gave us a parable in The Stranger. Meursault observes his world with ruthless clarity, but no emotional resonance. He doesn’t weep at his mother’s funeral, and society condemns him less for murder than for failing to perform grief. His ‘pure’ reason reads as inhuman.
Here’s the paradox: if rationality means adapting effectively to one’s environment, then pure rationality demands knowing when to suspend itself. A person who insists on logic at every turn is not rational but maladapted. The rational actor lies, flatters, nods at the boss’s bad joke, comforts the friend who doesn’t want statistics but solace. Rationality that cannot bend collapses into pathology.
This is why the infamous ‘Do these jeans make me look fat?’ question is such a perfect test. The ‘true’ answer, if you are reasoning narrowly, may be ‘yes’. But true rationality recognises the context, the stakes, the human need beneath the words. The rational response is not the cold fact but the kind equivocation. Rationality that cannot lie is no rationality at all.
Here’s the paradox: if rationality means adapting effectively to one’s environment, then pure rationality demands knowing when to suspend itself. A person who insists on logic at every turn is not rational but maladapted. The rational actor lies, flatters, nods at the boss’s bad joke, comforts the friend who doesn’t want statistics but solace. Rationality that cannot bend collapses into pathology.
Consider the social rituals we all know. A partner says, ‘I like that house’, and the rationally over-tuned response is to evaluate the house. The actual cue is in the like, not the house. The answer isn’t that you dislike the house, but rather what you can appreciate about it. Miss that, and you miss the point. Or take the dinner table: when my son was seven, a well-meaning host – very Martha Stewart – asked him how he enjoyed his meal. He replied, with perfect candour, ‘I’ve had better’. From a logical standpoint, faultless. From a rational standpoint – if rationality includes social adaptation – disastrous. The question was never about the food. It was a cue for appreciation, for harmony. He gave fact when what was asked for was affiliation.
So yes, I attack reason and rationality – not because they don’t exist, but because they are misapplied, reified, and worshipped as neutral arbiters of truth. They are not. They are tools with a range, and outside that range, they fail catastrophically. To speak of ‘reason’ as if it were an unqualified good is like praising fire without mentioning its talent for arson.
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After I wrote this, I realised I forgot to mention Kant.
Even Kant, patron saint of rational duty, insisted you must never lie, not even a white lie, not even to a murderer asking where your friend is hiding. For him, truth-telling was categorical, binding, immune to circumstance. But this is reason gone rigid, unable to flex with human reality. It shows how worship of Reason leads not to morality but to monstrosity. A rationality that cannot bend is no rationality at all.
Gustave Le Bon’s The Crowd: A Study of the Popular Mind (1895) has had the half-life of uranium. His thesis is simple and disturbing: rational individuals become irrational when they merge into a crowd. The crowd hypnotises, contagion spreads, and reason dissolves in the swell of collective emotion.
It’s neat. It’s elegant. It’s also far too flattering.
Audio: NotebookLM podcast on this topic.
Le Bon assumes that the default state of the human being is rational, some Enlightenment holdover where citizens, left to their own devices, behave like tidy mini-Kants. Then, and only then, do they lose their reason in the mob. The trouble is that a century of behavioural science has made it painfully clear that “rational man” is a fairy tale.
Daniel Kahneman mapped our cognitive machinery in Thinking, Fast and Slow: System 1 (fast, intuitive, emotional) is running the show while System 2 (slow, deliberate, logical) is mostly hired as the PR manager after the fact. Dan Ariely built a career documenting just how predictably irrational we are – anchoring, framing, sunk-cost fallacies, you name it. Add in Tversky, Thaler, Gigerenzer, and the usual suspects, and the picture is clear: we don’t need a crowd to become irrational. We start irrational, and then the crowd amplifies it.
In that sense, Le Bon wasn’t wrong about crowds being dangerous, but he may have missed the darker point. A crowd doesn’t corrupt a rational base – it accelerates the irrational baseline. It’s not Jekyll turning into Hyde; it’s Hyde on a megaphone.
This matters because if you take Le Bon literally, the problem is situational: avoid crowds and you’ll preserve reason. But if you take Kahneman seriously, the problem is structural: crowds only reveal what was already there. The positive feedback loop of group psychology doesn’t replace rationality; it feeds on the biases, illusions, and shortcuts already baked into the individual mind.
Le Bon handed us the stage directions for mass manipulation. Modern behavioural economics shows us that the script was already written in our heads before we ever left the house. Put the two together and you have the perfect recipe for political spectacle, advertising, and algorithmic nudges.
Which makes Le Bon’s century-old observations correct – but not nearly bleak enough.
Are you rational, or merely rehearsing your tribe’s catechism? Bayes’ theorem insists we should all update our beliefs the same way when presented with the same evidence. Yet in today’s political divide, identical events harden opposing convictions. The problem isn’t the math—it’s the priors. When your starting assumptions are inherited, acculturated, or indoctrinated, no amount of “evidence” will move you into enemy territory.
A Bayesian Sketch of the Divide
Let be a contested claim (pick your poison: “the election was fair,” “immigration helps,” whatever).
People in Camp R and Camp B begin with different priors and . That’s acculturation if you’re being polite, indoctrination if you’ve run out of patience.
They observe evidence (news, a court ruling, a video clip, a statistic).
They update:
posterior odds = prior odds ×
Except they don’t, not cleanly, because trust in sources warps the likelihoods.
Video: Jonny Thompson on Bayes’ Theorem. I love Jonny’s content, which is why I reference it so often. He and I have such different philosophical worldviews. Vive la différence (or différance).
Why this locks in polarisation
1. Wildly different priors. If Camp R starts at and Camp B at , then even moderately pro- evidence (say likelihood ratio ) yields:
R: prior odds
B: prior odds
Same evidence, one camp “settled,” the other still unconvinced. Repeat ad infinitum, preferably on primetime.
2. Identity-weighted likelihoods. People don’t evaluate ; they evaluate . Disconfirming evidence is down-weighted by a factor . This is called “being rational” on your own planet and “motivated reasoning” on everyone else’s.
3. Different hypothesis sets. Camps don’t just disagree on ; they entertain different s. If one side’s model includes “coordinated elite malfeasance” and the other’s does not, then identical data streams update into different universes.
4. Selective exposure = selection bias. Evidence isn’t i.i.d.; it’s curated by feeds, friends, and fury. You are sampling from your own posterior predictive distribution and calling it “reality.”
5. Asymmetric loss functions. Even if beliefs converged, choices won’t. If the social cost of dissent is high, the decision threshold moves. People report a “belief” that minimises ostracism rather than error.
6. No common knowledge, no convergence. Aumann told us honest Bayesians with common priors and shared posteriors must agree. Remove either—common priors or the “we both know we both saw the same thing” bit—and you get the modern news cycle.
“Acculturation” vs “Indoctrination”
Same mechanism, different moral valence. Priors are installed by families, schools, churches, unions, algorithms. Call it culture if you approve of the installers; call it indoctrination if you don’t. The probability calculus doesn’t care. Your tribal totems do.
Two quick toy moves you can use in prose
Likelihood hacking: “When evidence arrives, the tribe doesn’t deny the datum; it edits the likelihoods. ‘If my side did it, it’s an outlier; if your side did it, it’s a pattern.’ This is not hypocrisy; it’s a parameter update where the parameter is loyalty.”
Posterior divergence despite ‘facts’: “Give two citizens the same court ruling. One updates towards legitimacy because courts are reliable; the other away from legitimacy because courts are captured. The ruling is constant; the trust vector is not.”
If one wanted to reduce the split (perish the thought)
Forecast, don’t opine. Run cross-camp prediction markets or calibration tournaments. Bayes behaves when you pay people for accuracy rather than performance art.
Adversarial collaboration. Force both sides to pre-register what evidence would move them and how much. If someone’s for disconfirming evidence is effectively zero, you’ve identified faith, not inference.
Reference classes, not anecdotes. Pull arguments out of the single-case trap and into base-rate land. Yes, it’s boring. So is surgery, but people still do it.
The punchline
Polarisation isn’t the failure of reason; it’s what happens when reason is strapped to identity. Priors are social. Likelihoods are political. Posteriors are performative. You can call it acculturation if you want to feel civilised, indoctrination if you want to throw a brick, but either way you’re watching Bayes’ theorem run inside a culture war. The maths is sober; the humans are not.
After revisiting MacIntyre on Nietzsche – with Descartes lurking in the background – I think it’s time for another round on dis-integrationism.
Audio: NotebookLM podcast on this topic.
Philosophy has a bad renovation habit. Descartes tears the house down to its studs, then nails God back in as a load-bearing beam. Nietzsche dynamites the lot, then sketches a heroic Übermensch strutting through the rubble. MacIntyre sighs, bolts Aristotle’s virtue table to the frame, and calls it load-bearing furniture. The pattern repeats: demolition, followed by reconstruction, always with the insistence that this time the structure is sound.
Video: Jonny Thompson’s take on Nietzsche also inspired this post.
But the error isn’t in tearing down. The error is in rushing to rebuild. That’s where the hyphen in dis-integrationism matters – it insists on the pause, the refusal to immediately re-integrate. We don’t have to pretend the fragments are secretly a whole. We can live with the splinters.
Yes, someone will protest: “We need something.” True enough. But the something is always a construction – provisional, contingent, human. The problem isn’t building; the problem is forgetting that you’ve built, then baptising the scaffolding as eternal bedrock.
Modernity™ is a museum of such floorboards: rationalism, utilitarianism, rights-talk, virtue ethics, each nailed down with solemn confidence, each creaking under the weight of its contradictions. The sane position is not to deny the need for floors, but to remember they are planks, not granite.
For the religious, the reply is ready-made: God is the foundation, the rock, the alpha and omega. But that is already a construction, no matter how venerable. Belief may provide the feeling of solidity, but it still arrives mediated by language, institutions, rituals, and interpretation. The Decalogue is a case in point: per the lore, God conveyed information directly to Abraham, Moses, the prophets, and onward in an unbroken chain. The claim is not only that the foundation exists, but that certain communities possess unique and privileged access to it — through scripture, tradition, and “reasons” that somehow stop short of being just more scaffolding.
Yet history betrays the trick. The chain is full of edits, schisms, rival prophets, councils, translations, and contradictions – each presented not as construction but as “clarification.” The gapless transmission is a myth; the supposed granite is a patchwork of stone and mortar. A dis-integrationist view doesn’t deny the weight these systems carry in people’s lives, but it refuses to mistake architecture for geology. Whatever floor you stand on was built, not found.
Dis-integrationism is simply the refusal to be gaslit by metaphysics.
Humans can’t seem to stop clawing after morality. The primates among us chuck cucumbers when their neighbours get grapes, and the rest of us grumble about fairness on social media. The impulse is practically universal, an evolutionary quirk that kept us from throttling each other long enough to raise children and build cities.
Image: A seemingly perturbed capuchin monkey.
But universality is not objectivity. Just because every ape howls about fairness doesn’t mean “Justice” floats somewhere in Platonic space, waiting to be downloaded. It only means we’re the kind of animal that survives by narrating rules and enforcing them with shunning, shame, or, when necessary, cudgels.
Audio: NotebookLM podcast on this topic.
This is where Alasdair MacIntyre trips over his own robes. After Virtue skewers Enlightenment rationalists who tried to prop morality on reason, it then dismisses Nietzsche for being “irrational.” MacIntyre’s fix? Resurrect Aristotle’s teleology. If reason can’t save morality, maybe an ancient oak tree can. But this is wish-thinking with a Greek accent. He’s still arguing by reason that reason can’t do the job, then sneaking back in through Aristotle’s back door with a “firmer ground.” Firmer only because he says so.
Nietzsche, at least, had the decency to call the bluff: no telos, no floor, no cosmic anchor. Just will, style, and the abyss. Uncomfortable? Absolutely. Honest? Yes.
Deleuze went further. He pointed out that morality, like culture, doesn’t look like a tree at all. It’s a rhizome: tangled, proliferating, hybridising, never grounded in a single root. The fragments MacIntyre despairs over aren’t evidence of collapse. They’re evidence of how moral life actually grows—messy, contingent, interconnected. The only reason it looks chaotic is that we keep demanding a trunk where only tubers exist.
So here we are, apes with a craving for rules, building cities and philosophies on scaffolds of habit, language, and mutual illusion. We are supported as surely as the Earth is supported – by nothing. And yet, we go on living.
The need for morality is real. The yearning for telos is real. The floor is not.
This isn’t a political post. It’s about language, the insufficiency of it, and the games we play when pretending words carry more weight than they do.
Luigi Mangione is the man accused of killing UnitedHealthcare CEO Brian Thompson. After his arrest, prosecutors stacked the usual charges – murder, firearms, assorted legal bric-a-brac – then added the cherry on top: domestic terrorism.
Audio: NotebookLM podcast on this topic.
Recently, a pretrial judge cut the cherry loose.
Murder, yes. Terrorism, no. Not because murder is less grotesque, but because the statutory definition won’t stretch that far without breaking.
NEW YORK, Sept 16 (Reuters) – A New York state judge dismissed on Tuesday two terrorism-related counts against Luigi Mangione over the December 2024 killing of health insurance executive Brian Thompson, though the 27-year-old remains charged with second-degree murder and eight other criminal counts in the case.
“There was no evidence presented of a desire to terrorize the public, inspire widespread fear, engage in a broader campaign of violence, or to conspire with organized terrorist groups,” Judge Gregory Carro found in a 12-page written decision (pdf). “Here, the crime – the heinous, but targeted and discrete killing of one person – is very different from the examples of terrorism set forth in the statute.” (source)
The prosecution insisted the label fit. The judge disagreed. Cue outrage, applause, and confusion. The crime is still horrific, but suddenly the word “terrorist” is off-limits.
The Elasticity of Terror
How can two educated parties look at the same set of facts and come to opposite conclusions? Because “terrorism” isn’t a Platonic form. It’s an elastic linguistic category. The prosecutor drags it out because “terrorist” is a magical word in American law: it inflates an already ugly act into a civilisation-level threat, unlocks harsher penalties, and lets politicians posture about national security.
The judge, however, reminded everyone that a bullet in Manhattan does not equal al-Qaeda. Murder, yes. Terrorism, no. Not because murder is less grotesque, but because the statutory definition won’t stretch that far without breaking.
Language Games, Legal Hierarchies
This is where it gets trickier. The judge isn’t merely “pulling rank”—though rank does matter. American jurisprudence is hierarchical: trial judges hand down rulings, appellate judges review them, and nine robed partisans in Washington can one day rewrite the whole script. On paper, these tiers are meant to iron out ambiguity. In practice, they multiply it.
Five minds say ‘constitutional,’ four say ‘unconstitutional,’ and the one-vote margin becomes binding law for 330 million people. That’s not truth; it’s hierarchy dressed in robes.
Even co-equal judges, reading the same facts, can diverge wildly. Split decisions at the Supreme Court prove the point: five minds say “constitutional,” four say “unconstitutional,” and the one-vote margin becomes binding law for 330 million people. That’s not the discovery of truth; it’s the triumph of one language game over another, enforced by hierarchy.
The Insufficiency Laid Bare
So we return to Mangioni. He has been charged with murder – the second degree flavour; that much is uncontested. But is he a “terrorist”? The prosecution said yes, the judge said no, and another judge, higher up or sitting elsewhere, might well say yes again. Each claim is defensible. Each is motivated by language, by politics, and by the institutional pressures of the bench.
And that’s the point. Language doesn’t tether itself to reality; it choreographs our endless arguments about reality. The law tries to tame it with hierarchies and definitions, but the seams always show. Mangioni is a murderer. Whether he is a terrorist depends less on his actions than on which interpretive dance is winning in the courtroom that day.