The Master’s Concepts: Decolonising the House Without Keeping the Furniture

9–14 minutes

A colleague recently shared an essay with me, The Return of Metaphysics: Reclaiming Sovereignty Through Ontological Grounding in Postcolonial and Western Thought. I read it with interest, not least because its target is one I share: the colonial imposition of Western categories as if they were universal reason, universal law, universal political form, and universal humanity. On that point, there is no meaningful disagreement. Colonialism isn’t merely theft of land, labour, and resources. It’s also the imposition of a grammar by which reality itself was made legible to power.

The essay is at its strongest when it treats colonialism as metaphysical violence rather than merely administrative domination. It argues that Europe universalised its own categories and rendered other worlds invisible, inferior, or unreal. Colonialism, on this account, was not only conquest. It was the installation of one ontology as the authorised operating system of the human. That’s a powerful diagnosis, and it deserves to be taken seriously. The essay explicitly describes colonialism as a process that ‘re-made being’ and suppressed other conceptions of time, morality, and community.

Where I start to hesitate isn’t in the critique of colonialism, but in the proposed recovery. The essay seeks to reclaim metaphysics, sovereignty, agency, moral authorship, and ontological grounding as instruments of postcolonial renewal. It wants to oppose colonial metaphysics by recovering metaphysics; to oppose hollow sovereignty by reconstructing sovereignty; to oppose imposed subjectivity by restoring moral authorship.

This may be coherent within the essay’s own frame. But from mine, it raises a suspicion:

  • “a return to metaphysics”
  • “moral authorship”
  • “ontological reconstruction”
  • “popular agency”

These terms don’t arrive clean. They carry histories and come with fittings: sovereignty, possession, self-rule, jurisdiction, authorship, legitimacy, command. One may repaint them in decolonial colours, but the shape remains. Inheritance is the danger.

Audio: NotebookLM summary podcast of this topic.

Sovereignty as a Recovered Trap

The essay’s central concept is sovereignty. More precisely, post-sovereignty. Yet the very act of preserving sovereignty as the problematic term matters. Sovereignty isn’t just a neutral container for self-determination. It’s one of the central concepts through which Western political modernity imagines authority: bounded, possessed, territorialised, juridical, and authorial.

To speak of sovereignty is already to speak in the grammar of command: Rules. Owners. Authorities. Something marks the line between inside and outside.

This doesn’t mean colonised peoples were wrong to demand sovereignty. The politically dispossessed may understandably seek the protections of the language used to exclude them. If one has been denied the status of a subject, a nation, or a people, then reclaiming those terms may be historically necessary. There’s no cheap purity available from the comfort of abstraction. Humans made the mess, naturally, and then handed each other dictionaries to clean the mess.

But political necessity doesn’t settle conceptual adequacy. A term may be strategically useful and ontologically suspect at the same time. So, the question isn’t whether sovereignty has been useful in anti-colonial struggle. It’s whether it should remain the destination, rather than a transitional vocabulary one eventually leaves behind.

The essay recognises that many postcolonial states retain the ‘juridical structure’ of autonomy whilst remaining governed by inherited categories of colonial law, property, development, and bureaucratic legitimacy. That’s exactly the point where the critique might turn more sharply on sovereignty itself. If postcolonial statehood often reproduces colonial form, perhaps the issue isn’t merely that sovereignty is hollow, but maybe it’s just one of the forms through which hollowness reproduces itself.

NotebookLM Infographic on this topic.

Agency: The Smuggled Protagonist

The same problem emerges around agency. The essay speaks of popular agency, moral authorship, co-authorship, and subjectification. Again, the impulse is understandable. Colonial domination denies people the right to act, name, interpret, and organise their own lifeworlds. A postcolonial theory naturally wants to restore capacity to those rendered passive.

But the agency term isn’t innocent. In modern Western thought, agency often implies a self capable of authorship, intention, responsibility, and moral ownership. It’s the protagonist required by law, markets, liberal politics, and punishment. Someone must be deemed the chooser, the signer, the sinner, the voter, the debtor, the criminal, the rational actor.

In my own work, I reject agency as a metaphysical possession. I’d rather speak of responsiveness: a variable capacity shaped by material, relational, temporal, somatic, and epistemic conditions. People don’t float above conditions and author themselves into freedom. They respond, more or less adequately, within fields of constraint.

The essay’s emphasis on relationality moves in this direction, but its vocabulary often pulls it back toward authorship. It wants shared becoming, but it also wants moral authors. It wants relational ontology, but it also keeps the self as a source of political meaning. This is a revealing tension.

The alternative isn’t fatalism. To reject agency isn’t to deny action. Breathing doesn’t require a metaphysics of breath. It just happens autonomically. The question is whether we must preserve the fiction of the authorial subject to describe them. I think not.

When Negation Need Not Become Synthesis

The essay leans on Fanon (see The Wretched of the Earth) to argue that colonial domination can’t be resolved through dialogue because dialogue presumes equals. This is right, or at least right enough. A conversation between master and slave is not yet a conversation between equals. Liberal dialogue presumes a shared field of recognition; colonial domination corrupts that field before speech begins.

The essay, therefore, turns to dialectic. Where dialogue seeks agreement, dialectic begins from contradiction and struggle. Again, this makes sense. A colonised subject can’t merely ask to be recognised by the system that produced their non-being. Something must be negated.

My hesitation concerns what happens after the negation. The essay sometimes seems to assume that contradiction must move toward ontological reconstruction. But why? If one term of the contradiction is an imposed colonial ontology, it might not deserve preservation within a higher unity because it mightn’t be a meaningful antithesis. It may simply be wrong, violent, and disposable.

This is the dis-integrative question:

Not every opposition is productive. Some oppositions are parasitic. If a worldview is imposed by force, then treating it as a dialectical partner may grant it more dignity than it deserves. The point of decolonial refusal may not be synthesis, but de-imposition.

That distinction matters. Synthesis often preserves too much. It lets the offending structure survive as a contributor to the next stage. It says, in effect: this violence was part of becoming. Perhaps. But perhaps not. Perhaps some concepts belong on the cutting room floor.

Metaphysics: Necessary Grammar or Rebuilt Throne?

The essay argues that postmodern anti-metaphysics has left social theory without stable categories of truth or moral orientation. It wants metaphysics back, not as abstraction, but as the recovery of moral and ontological grounds for political community.

I understand the concern here, too. Communities don’t live by procedure alone. No society is sustained merely by policy, rights language, or bureaucratic form. People inhabit worlds, not spreadsheets. There are ontological grammars beneath every institution: assumptions about personhood, time, land, memory, obligation, kinship, death, and belonging.

But I resist the move from ‘we can’t avoid ontological grammar‘ to ‘we need metaphysical grounding‘. Whilst the former seems unavoidable, the latter seems dangerous.

Metaphysics isn’t simply depth. It’s elevation – the move by which a grammar stops appearing as grammar and starts presenting itself as ground. It becomes the authorised deep structure, the thing beneath dispute, the foundation beneath the foundation. And foundations, as humans have demonstrated with astonishing consistency, are excellent places to hide power.

Each one requires a leap. One leap may be necessary. Ten leaps become choreography. Eventually, the argument is no longer walking; it’s performing interpretive dance and calling itself ontology.

The Problem of Rebuilding

This is where my own Dis–integrationist commitments diverge most sharply from the essay. I’m a diagnostician. I deconstruct and name seams with no obligation to replace every collapsed universal.

The essay treats diagnosis as insufficient. It says the critique of sovereignty reveals a metaphysical vacuum, but diagnosis is not enough. Post-sovereignty must move toward ontological reciprocity, relational becoming, and shared labour of mutual recognition. Whilst this move is respectable. It’s also the one I distrust.

The rebuilding instinct is one of philosophy’s oldest addictions. Expose the flaw, draft the remedy, rebuild the edifice, declare the new form less violent than the old. This is how critique becomes renovation.

But the refusal to rebuild isn’t indifference, despair, or nihilism. It’s a refusal to let repair disguise itself as permanence. Care, maintenance, reciprocity, and local repair remain possible without metaphysical reconstruction. In fact, they may be more honest when stripped of the promise of final grounding.

Pedagogical Sovereignty and the Soft Machinery of Formation

The essay’s later sections turn to education. It proposes pedagogical sovereignty as a model of moral and ontological co-creation. The classroom becomes a site where being isn’t transmitted but collaboratively formed. Governance, by analogy, might become less administrative and more pedagogical: citizens not merely ruled, but constituted in relation. As attractive as this might be. it’s also perilous.

Education has always had this double face. It can liberate, but it can also format. It can open worlds, but it can also install authorised grammars. The classroom is not outside power. It’s one of power’s favourite incubators. The fact that it speaks gently doesn’t mean it’s not shaping bodies, subjects, desires, norms, and permissions.

To make pedagogy the model of sovereignty risks softening administration rather than escaping it. It may replace the command of the state with the formation of the subject. That may be better and subtler, but one should be careful when power arrives wearing soft shoes.

This doesn’t refute the essay’s educational turn, but it complicates it. If pedagogy is to be an emancipatory model, it has to preserve opacity, dissent, and non-formation. It needs to allow the learner not merely to become, but to remain partially unread, unfinished, and unintegrated. Otherwise, pedagogical sovereignty may become another normalising machine with better intentions and comfy chairs.

The Cutting Room Floor

My objection isn’t that the essay is wrong to oppose colonialism. Au contraire; its critique of colonial metaphysics is often compelling, and it’s preaching to the choir at the start. The issue is that its recovery project may carry forward more of the colonial-conceptual apparatus than it recognises.

The following terms deserve suspicion:

  • Sovereignty, because it preserves the grammar of possession, jurisdiction, bounded authority, and command.
  • Agency, because it preserves the authorial subject required by liberal law, market morality, and responsibility allocation.
  • Moral authorship, because it risks reintroducing the self as origin, even when collectivised.
  • Metaphysical grounding, because it may turn situated lifeworlds into foundations.
  • Reconstruction, because it assumes fracture demands repair, rather than sometimes demanding refusal.
  • Dialectical synthesis, because it may preserve the imposed term as a contributor to the future, rather than discarding it as an error condition.

None of these concepts must be rejected out of hand. That would be too easy. But they shouldn’t pass uninspected simply because they have been recruited into decolonial service. Fine. Use the master’s tools to dismantle the house, but don;t become too fond of them.

Toward De-Imposition

So, what then?

  • Dis–integration, not reconstruction
  • De-imposition, not anti-colonial sovereignty
  • Responsiveness, not agency
  • Relational maintenance, not moral authorship
  • Ontological grammar held visibly as grammar, not metaphysical grounding

This doesn’t mean communities should abandon their lifeworlds, traditions, or inherited moral vocabularies. It means those vocabularies shouldn’t need to become metaphysical foundations to matter. A world may be lived, tended, and defended without being inflated into ground.

The colonised don’t need permission from Western metaphysics to exist. Or me, for that matter. Nor do they need to rebuild themselves in metaphysical form to count as real. The refusal of imposed reality may be enough. After that, there may be practices, relations, institutions, memories, ceremonies, languages, solidarities, and forms of care. There may be politics and struggle. And, sure, repair and maintenance. But there needn’t be a new foundation.

Enfin

The essay I am responding to is valuable because it presses a real question:

My answer is: diagnosis is not ‘merely’ anything. To diagnose is to identify the machinery by which certain concepts keep reproducing their own authority. If sovereignty, agency, authorship, and metaphysical grounding belong to that machinery, then they should not be automatically restored just because they have been wounded.

Some concepts can be reclaimed. Others should be retired. Some may be used provisionally, under protest, as transitional scaffolding. Again, others may belong on the cutting room floor.

The challenge isn’t only to oppose colonialism and its effects. It’s to notice when colonial grammar survives inside the opposition. That’s the harder work – less heroic, sonorous, and much less likely to produce a grand theory, but it may be more honest.

The Striated Woman: No One Owns the Category

A longer post about my thoughts after having read the first section of Judith Butler’s Gender Trouble.

‘woman’ is a normative identity, and like all normative identities it is striated. It is composed of putative essences, recurring structural constraints, intersectional positions, cohort-relative projections, subjective inhabitations, and external gatekeeping.

Audio: NotebookLM summary podcast of this topic.

The Enclosure Within: The Hidden Roots of Property Theory

This is a bonus episode I asked NotebookLM to render based on the past two posts. These posts had been one, but I chose to separate them because of their core orientation on a shared topic. For those who read the posts together, this is made clear. I even continue several threads to make it obvious, but the two essays are a diptych. I feel the second post is stronger than the first, but the first was a stronger setup. If you don’t have time to read the essays, this is a decent summary.

Audio: NotebookLM summary podcast of this topic.

The two essays:

The Fence Before the Field

Before the Fence, the Self

The Fence Before the Field

The first man who, having enclosed a piece of ground, bethought himself of saying This is mine, and found people simple enough to believe him, was the real founder of civil society.

— Rousseau, Discourse on the Origin of Inequality

I posted another longer essay on Substack on the immorality of property ownership. This isn’t my first, but I wanted to go deeper in my critique. Actually, I wrote two, but I’ll advertise the second one tomorrow.

Audio: NotebookLM summary podcast of this topic.

A Language Insufficiency Hypothesis

1–2 minutes

Almost a decade in the making, this book explains why more time, more effort, and more detail do not reliably improve certain forms of communication. Beyond a point, returns diminish sharply. In some domains, they collapse altogether.

The manuscript focuses on English, but the hypothesis has already been extended to French (published separately), and I am continuing work on other ontological barriers. If you’re interested in testing or extending the framework in your own language, feel free to get in touch.

Also available in a clothbound edition at Barnes & Noble.

Over the coming weeks, I’ll be unpacking aspects of the Language Insufficiency Hypothesis in more depth here. The book’s role is deliberately limited: it defines the problem, establishes the structure, and offers grounding examples. The real work happens in the consequences.

For now, the important thing is simple: the book is finally available.

The Felt Beneath the Table

Fairness, Commensurability, and the Quiet Violence of Comparison

Fairness and Commensurability as Preconditions of Retributive Justice

This is the final part of a 3-part series. Read parts 1 and 2 for a fuller context.

Audio: NotebookLM summary podcast of this topic.

Before the Cards Are Dealt

Two people invoke fairness. They mean opposite things. Both are sincere. Neither can prove the other wrong. This is not a failure of argument. It is fairness working exactly as designed.

Before justice can weigh anything, it must first decide that the things being weighed belong on the same scale. That single move – the assertion that comparison is even possible – quietly does most of the work.

Most people think justice begins at sentencing, or evidence, or procedure. But the real work happens earlier, in a space so normalised it has become invisible. Before any evaluation occurs, the system must install the infrastructure that makes evaluation legible at all.

That infrastructure rests on two foundations:

  • fairness, which supplies the rhetoric, and
  • commensurability, which supplies the mathematics.

Together, they form the felt beneath the table – the surface on which the cards can be dealt at all.

1. Why Fairness Is Always Claimed, Never Found

Let’s be precise about what fairness is not.

Fairness is not a metric. You cannot measure it, derive it, or point to it in the world.

Fairness is not a principle with determinate content. It generates no specific obligations, no falsifiable predictions, no uniquely correct outcomes.

Fairness is an effect. It appears after assessment, not before it. It is what you call an outcome when you want it to feel inevitable.

Competing Fairness Is Not a Problem

Consider how disputes actually unfold:

  • The prosecutor says a long sentence is fair because it is proportional to harm.
  • The defender says a shorter sentence is fair because it reflects culpability and circumstance.
  • The victim says any sentence is unfair because nothing restores what was taken.
  • The community says enforcement itself is unfair because it predictably targets certain groups.

Each claim is sincere. None can be resolved by fairness itself.

That is because fairness has no independent content. It does not decide between these positions. It names them once the system has already decided which will prevail. This is not a bug. It is the feature.

A Fluid Masquerading as an Invariant

In the language of the Language Insufficiency Hypothesis, fairness is a Fluid – a concept whose boundaries shift with context and use – that masquerades as an Invariant, something stable and observer-independent.

The system treats fairness as perceptual, obvious, discoverable. But every attempt to anchor it collapses into:

  • Intuition (‘It just feels right’)
  • Precedent (‘This is how we do things’)
  • Consensus (‘Most people agree’)

None of these establishes fairness. They merely perform it.

And that performance matters. It converts contested metaphysical commitments into the appearance of shared values. It allows institutions to claim neutrality whilst enforcing specificity. Fairness is what the system says when it wants its outputs to feel unavoidable.

2. The Real Gatekeeper: Commensurability

Fairness does rhetorical work. But it cannot function without something deeper.

That something is commensurability: the assumption that different harms, injuries, and values can be placed on a shared scale and meaningfully compared.

Proportionality presupposes commensurability. Commensurability presupposes an ontology of value. And that ontology is neither neutral nor shared.

When Incommensurability Refuses to Cooperate

A parent loses a child to preventable negligence. A corporation cuts safety corners. A warning is ignored. The system moves. Liability is established. Damages are calculated. £250,000 is awarded.

The parent refuses the settlement. Not because the amount is insufficient. But because money and loss are not the same kind of thing. The judge grows impatient. Lawyers speak of closure. Observers mutter about grief clouding judgment. But this is not grief. It is incommensurability refusing to cooperate.

The parent is rejecting the comparison itself. Accepting payment would validate the idea that a child’s life belongs on a scale with currency. The violence is not the number. It is the conversion. The system cannot process this refusal except as emotional excess or procedural obstruction. Not because it is cruel, but because without commensurability the engine cannot calculate.

Two Ontologies of Value

There are two incompatible ontologies at work here. Only one is playable.

Ontology A: The Scalar Model
  • Harm is quantifiable
  • Suffering is comparable
  • Trade-offs are morally coherent
  • Justice is a balancing operation

Under Ontology A, harms differ in degree, not kind. A broken arm, a stolen car, and a dead child all occupy points on the same continuum. This makes proportionality possible.

Ontology B: The Qualitative Model
  • Harms are categorical
  • Some losses are incommensurable
  • Comparison itself distorts
  • Justice is interpretive, not calculative

Under Ontology B, harms are different kinds of things. Comparison flattens what matters. To weigh them is to misunderstand them.

Why Only One Ontology Can Play

Retributive justice, as presently constituted, cannot function under Ontology B.

Without scalar values, proportionality collapses. Without comparison, equivalence disappears. Without trade-offs, punishment has no exchange rate.

Ontology B is not defeated. It is disqualified. Structurally, procedurally, rhetorically. The house needs a shared scale. Without it, the game cannot settle accounts.

3. Why Incommensurability Is Treated as Bad Faith

Here is where power enters without announcing itself. Incommensurability does not merely complicate disputes. It stalls the engine. And stalled engines threaten institutional legitimacy.

Systems designed to produce closure must ensure that disputes remain within solvable bounds. Incommensurability violates those bounds. It suggests that resolution may be impossible – or that the attempt to resolve does further harm. So the system reframes the problem.

Not as an alternative ontology, but as:

  • Unreasonableness
  • Extremism
  • Emotional volatility
  • Refusal to engage in good faith

Reasonableness as Border Control

This is why reasonableness belongs where it does in the model. Not as an evaluative principle, but as a gatekeeping mechanism.

Reasonableness does not assess claims. It determines which claims count as claims at all. This is how commensurability enforces itself without admitting it is doing so. When someone refuses comparison, they are not told their ontology is incompatible with retributive justice. They are told to be realistic.

Ontological disagreement is converted into:

  • A tone problem
  • A personality defect
  • A failure to cooperate

The disagreement is not answered. It is pathologised.

4. Why These Debates Never Resolve

This returns us to the Ontology–Encounter–Evaluation model.

People argue fairness as if adjusting weights would fix the scale. They debate severity, leniency, proportionality.

But when two sides inhabit incompatible ontologies of value, no amount of evidence or dialogue bridges the gap. The real disagreement is upstream.

A prosecutor operating under scalar harm and an advocate operating under incommensurable injury are not disagreeing about facts. They are disagreeing about what kind of thing harm is.

Fairness cannot resolve this, because fairness presupposes the very comparison under dispute. This is why reform debates feel sincere and go nowhere. Outcomes are argued whilst ontological commitments remain invisible.

Remediation Requires Switching Teams

As argued elsewhere, remediation increasingly requires switching teams.

But these are not political teams. They are ontological commitments.

Ontologies are not held like opinions. They are held like grammar. You do not argue someone out of them. At best, you expose their costs. At worst, you force others to operate within yours by disqualifying alternatives.

Retributive justice does the latter.

5. What This Means (Without Offering a Fix)

Justice systems are not broken. They are optimised. They are optimised for closure, manageability, and the appearance of neutrality. Fairness supplies the rhetoric. Commensurability supplies the mathematics. Together, they convert contestable metaphysical wagers into procedural common sense.

That optimisation has costs:

  • Disagreements about value become illegible
  • Alternative ontologies become unplayable
  • Dissent becomes pathology
  • Foundations disappear from view

If justice feels fair, it is because the comparisons required to question it were never permitted.

Ontology as Pre-emptive Gatekeeping

None of this requires conspiracy.

Institutions do not consciously enforce ontologies. They do not need to.

They educate them. Normalise them. Proceduralise them. Then treat their rejection as irrationality.

By the time justice is invoked, the following have already been installed as reality:

  • That persons persist over time in morally relevant ways
  • That agents meaningfully choose under conditions that count
  • That harms can be compared and offset
  • That responsibility can be localised
  • That disagreement beyond a point is unreasonable

None of these are discovered. All are rehearsed.

A law student learns that ‘the reasonable person’ is a construct. By year three, they use it fluently. It no longer feels constructed.

This is not indoctrination. It is fluency.

And fluency is how ontologies hide.

By the time an alternative appears – episodic selfhood, incommensurable harm, distributed agency – it does not look like metaphysics. It looks like confusion.

Rationality as Border Control

The system does not say: we reject your ontology.

It says: that’s not how the world works.

Or worse: you’re being unreasonable.

Ontological disagreement is reframed as a defect in the person. And defects do not need answers. They need management.

This is why some arguments feel impossible to have. One ontology has been naturalised into common sense. The other has been reclassified as error.

The Final Irony

The more fragile the foundations, the more aggressively they must be defended as self-evident.

  • Free will is taught as obvious.
  • Fairness is invoked as perceptual.
  • Responsibility is treated as observable.
  • Incommensurability is treated as sabotage.

Not because the system is confident.

Because it cannot afford not to be.

The Point

Justice does not merely rely on asserted ontologies. It expends enormous effort ensuring they never appear asserted at all.

By the time the cards are dealt, the rules have already been mistaken for reality. That is the felt beneath the table. Invisible. Essential. Doing all the work. And if you want to challenge justice meaningfully, you do not start with outcomes. You start by asking:

What comparisons are we being asked to accept as natural? And what happens to those who refuse?

Most people never make that move. Not because it is wrong. But because by the time you notice the game is rigged, you are already fluent in its rules. And fluency feels like truth.

Final Word

Why write these assessments? Why care?

With casinos, like cricket, we understand something fundamental: these are games. We can learn the rules. We can decide whether to play. We can walk away.

Justice is different. Justice is not opt-in. It is imposed. You do not get to negotiate the rules, the scoring system, or the house assumptions about what counts as a move. Once you are inside, even dissent must be expressed in the system’s own grammar. Appeals do not question the game; they replay it under slightly altered conditions.

You may contest the outcome. You may plead for leniency. You may argue fairness. You may not ask why chips are interchangeable with lives, why losses must be comparable, or why refusing comparison itself counts as misconduct.

Imagine being forced into a casino. Forced to play. Forced to stake things you do not believe are wagerable. Then told, when you object, that the problem is not the game, but your attitude toward it.

That is why these assessments matter. Not to declare justice illegitimate. Not to offer a fix. But to make visible the rules that pretend not to be rules at all. Because once you mistake fluency for truth, the house no longer needs to rig the game.

You will do it for them.

Footnotes from the House: Justice as a Casino Game

4–6 minutes

This is part 2 of a structural critique of Justice™. Read Part 1, The Ontology–Encounter–Evaluation Model: Retributive Justice as an Instantiation.

If you want a useful metaphor for how justice actually operates, don’t picture a blindfolded goddess with scales. Picture a casino.

Image: Lady Justice in Casino. The dice are rigged. haha

The rules are printed. The games look fair. Everyone is technically allowed to play. But the mathematics are tuned in advance, the exits are discreet, and the house never risks its own solvency. You don’t walk into a casino to discover whether chance is fair. You walk in to participate in a system whose advantage has already been engineered.

By the time a defendant appears, the ontological dice have already been loaded. The system has quietly asserted a set of metaphysical commitments that make certain outcomes legible, actionable, and punishable – whilst rendering others incoherent, inadmissible, or ‘unreasonable’. Because I am a philosopher of language and not a lawyer, I am free from the indoctrination and selection bias inherent in that system. This allows me to critique the system directly without being excommunicated from the club.

What follows are not neutral assumptions. They are ontological wagers, each chosen because its alternative would tilt the field away from institutional power.

Ontology 1: The Self

Justice presumes that the person who acted yesterday is meaningfully the same entity standing in court today. This is not discovered; it is asserted.

Why? Because retribution requires persistence. Desert cannot attach to a momentary configuration of consciousness. Responsibility requires a carrier that survives time, memory gaps, psychological rupture, intoxication, trauma, and neurological variance.

An episodic self – Parfit’s reductionism, trauma-fractured identity, or situational selfhood – collapses the attribution pipeline. If the ‘self’ is a series of loosely connected episodes, punishment becomes conceptually incoherent. Who is being punished for whom?

So the law treats episodic accounts not as alternative ontologies but as defects: insanity, automatism, incompetence. The self is patched, not replaced.

Ontology 2: Agency

Justice requires that actions originate somewhere. Agency is that somewhere.

The system asserts that agents could have done otherwise in a morally relevant sense. This is compatible with compatibilism, folk psychology, and everyday moral intuitions – but deeply hostile to hard determinism, strong situationism, or neurobiological deflation.

Why exclude weaker agency models? Because if agency dissolves into causation, environment, or neurochemistry, responsibility evaporates. At best, you get risk management. At worst, you get treatment or containment. Retribution has nowhere to land.

So the law nods politely to influences – upbringing, coercion, impairment – whilst ring-fencing agency as the default. Mitigation is permitted. Ontological revision is not. The house needs someone who could have chosen otherwise, even if that claim grows increasingly fictional under scrutiny.

Ontology 3: Choice

Justice models human action as a series of forks in the road. At some point, the agent ‘chose’ X over Y. This is enormously convenient.

Continuous decision spaces – poverty gradients, addiction loops, survival trade-offs – are messy. They resist clean counterfactuals. ‘What should they have done instead?’ becomes a sociological question, not a moral one.

So the system discretises. It locates a moment. A click. A trigger pull. A signature. A punch. A text sent.

Once the choice is frozen, the rest of the apparatus can proceed. Without discrete choice points, proportionality and culpability lose their anchor.

Ontology 4: Causation

Justice prefers causes that point: Who did this? When? How directly?

Systemic causation – economic pressure, cultural narratives, institutional design – creates attribution problems. If harm is emergent, no individual carries it cleanly. Responsibility smears.

So causation is narrowed. Chains are shortened. Proximate cause replaces contributing conditions. Structural violence becomes background noise.

This is not because systemic causation is false. It is because it is unmanageable within a retributive frame.

Ontology 5: Reasonableness

‘Reasonableness’ is the softest and most insidious ontology of the lot.

It pretends to be procedural, but it functions as cultural enforcement. The reasonable person is not an average human. They are an acculturated one.

Intensity becomes suspect. Rage becomes irrational. Grief becomes excessive. Radical interpretations become unreasonable not because they’re false, but because they disrupt cadence.

This ontology stabilises the game by disciplining tone. It doesn’t matter what you argue if you fail to argue it reasonably. Reasonableness is not required for responsibility to exist, only for dissent to be ignored.

The house needs calm players, not correct ones.

Why These Ontologies, and Not Their Rivals?

Because every excluded ontology threatens legibility. Justice is not designed to discover truth. It is designed to terminate cases. Ontologies that complicate attribution, disperse responsibility, or destabilise narrative continuity slow the machine. So they are ruled out – not explicitly, but structurally.

Once these commitments are in place, disagreement downstream becomes theatre. Arguments about fairness, proportionality, or intent occur within a rigged metaphysical envelope. That’s why reform debates feel sincere yet go nowhere. People argue outcomes whilst the house quietly keeps the rules.

The Point

None of this means justice is a scam. Casinos aren’t scams either. They do exactly what they are designed to do.

If you want to challenge justice meaningfully, you don’t start with sentencing guidelines or evidentiary thresholds. You start by asking which ontologies are being asserted – and why alternatives are unplayable.

Most people won’t make that move. Not because it’s wrong. Because it requires leaving the table.

The Ontology–Encounter–Evaluation Model: Retributive Justice as an Instantiation

7–10 minutes

Now that A Language Insufficiency Hypothesis has been put to bed — not euthanised, just sedated — I can turn to the more interesting work: instantiating it. This is where LIH stops being a complaint about words and starts becoming a problem for systems that pretend words are stable enough to carry moral weight.

Read part 2 of this essay.

What follows is not a completed theory, nor a universal schema. It’s a thinking tool. A talking point. A diagram designed to make certain assumptions visible that are usually smuggled in unnoticed, waved through on the strength of confidence and tradition.

The purpose of this diagram is not to redefine justice, rescue it, or replace it with something kinder. It is to show how justice is produced. Specifically, how retributive justice emerges from a layered assessment process that quietly asserts ontologies, filters encounters, applies normative frames, and then closes uncertainty with confidence.

Audio: NotebookLM summary podcast of this topic.

Most people are willing to accept, in the abstract, that justice is “constructed”. That concession is easy. What is less comfortable is seeing how it is constructed — how many presuppositions must already be in place before anything recognisable as justice can appear, and how many of those presuppositions are imposed rather than argued for.

The diagram foregrounds power, not as a conspiracy or an optional contaminant, but as an ambient condition. Power determines which ontologies are admissible, which forms of agency count, which selves persist over time, which harms are legible, and which comparisons are allowed. It decides which metaphysical configurations are treated as reasonable, and which are dismissed as incoherent before the discussion even begins.

Justice, in this framing, is not discovered. It is not unearthed like a moral fossil. It is assembled. And it is assembled late in the process, after ontology has been assumed, evaluation has been performed, and uncertainty has been forcibly closed.

This does not mean justice is fake. It means it is fragile. Far more fragile than its rhetoric suggests. And once you see that fragility — once you see how much is doing quiet, exogenous work — it becomes harder to pretend that disagreements about justice are merely disagreements about facts, evidence, or bad actors. More often, they are disagreements about what kind of world must already be true for justice to function at all.

I walk through the structure and logic of the model below. The diagram is also available as a PDF, because if you’re going to stare at machinery, you might as well be able to zoom in on the gears.

Why Retributive Justice (and not the rest of the zoo)

Before doing anything else, we need to narrow the target.

“Justice” is an infamously polysemous term. Retributive, restorative, distributive, procedural, transformative, poetic, cosmic. Pick your flavour. Philosophy departments have been dining out on this buffet for centuries, and nothing useful has come of letting all of them talk at once.

This is precisely where LIH draws a line.

The Language Insufficiency Hypothesis is not interested in pedestrian polysemy — cases where a word has multiple, well-understood meanings that can be disambiguated with minimal friction. That kind of ambiguity is boring. It’s linguistic weather.

What LIH is interested in are terms that appear singular while smuggling incompatible structures. Words that function as load-bearing beams across systems, while quietly changing shape depending on who is speaking and which assumptions are already in play.

“Justice” is one of those words. But it is not usefully analysable in the abstract.

So we pick a single instantiation: Retributive Justice.

Why?

Because retributive justice is the most ontologically demanding and the most culturally entrenched. It requires:

  • a persistent self
  • a coherent agent
  • genuine choice
  • intelligible intent
  • attributable causation
  • commensurable harm
  • proportional response

In short, it requires everything to line up.

If justice is going to break anywhere, it will break here.

Retributive justice is therefore not privileged in this model. It is used as a stress test.

The Big Picture: Justice as an Engine, Not a Discovery

The central claim of the model is simple, and predictably unpopular:

Not invented in a vacuum, not hallucinated, not arbitrary — but assembled through a process that takes inputs, applies constraints, and outputs conclusions with an air of inevitability.

The diagram frames retributive justice as an assessment engine.

An engine has:

  • inputs
  • internal mechanisms
  • thresholds
  • failure modes
  • and outputs

It does not have access to metaphysical truth. It has access to what it has been designed to process.

The justice engine takes an encounter — typically an action involving alleged harm — and produces two outputs:

  • Desert (what is deserved),
  • Responsibility (to whom it is assigned).

Everything else in the diagram exists to make those outputs possible.

The Three Functional Layers

The model is organised into three layers. These are not chronological stages, but logical dependencies. Each layer must already be functioning for the next to make sense.

1. The Constitutive Layer

(What kind of thing a person must already be)

This layer answers questions that are almost never asked explicitly, because asking them destabilises the entire process.

  • What counts as a person?
  • What kind of self persists over time?
  • What qualifies as an agent?
  • What does it mean to have agency?
  • What is a choice?
  • What is intent?

Crucially, these are not empirical discoveries made during assessment. They are asserted ontologies.

The system assumes a particular configuration of selfhood, agency, and intent as a prerequisite for proceeding at all. Alternatives — episodic selves, radically distributed agency, non-volitional action — are not debated. They are excluded.

This is the first “happy path”.

If you do not fit the assumed ontology, you do not get justice. You get sidelined into mitigation, exception, pathology, or incoherence.

2. The Encounter Layer

(What is taken to have happened)

This layer processes the event itself:

  • an action
  • resulting harm
  • causal contribution
  • temporal framing
  • contextual conditions
  • motive (selectively)

This is where the rhetoric of “facts” tends to dominate. But the encounter is never raw. It is already shaped by what the system is capable of seeing.

Causation here is not metaphysical causation. It is legible causation.
Harm is not suffering. It is recognisable harm.
Context is not total circumstance. It is admissible context.

Commensurability acts as a gatekeeper between encounter and evaluation: harms must be made comparable before they can be judged. Anything that resists comparison quietly drops out of the pipeline.

3. The Evaluative Layer

(How judgment is performed)

Only once ontology is assumed and the encounter has been rendered legible does evaluation begin:

  • proportionality
  • accountability
  • normative ethics
  • fairness (claimed)
  • reasonableness
  • bias (usually acknowledged last, if at all)

This layer presents itself as the moral heart of justice. In practice, it is the final formatting pass.

Fairness is not discovered here. It is declared.
Reasonableness does not clarify disputes. It narrows the range of acceptable disagreement.
Bias is not eliminated. It is managed.

At the end of this process, uncertainty is closed.

That closure is the moment justice appears.

Why Disagreement Fails Before It Starts

At this point, dissent looks irrational.

The system has:

  • assumed an ontology
  • performed an evaluation
  • stabilised the narrative through rhetoric
  • and produced outputs with institutional authority

To object now is not to disagree about evidence. It is to challenge the ontology that made assessment possible in the first place.

And that is why so many justice debates feel irresolvable.

They are not disagreements within the system.
They are disagreements about which system is being run.

LIH explains why language fails here. The same words — justice, fairness, responsibility, intent — are being used across incompatible ontological commitments. The vocabulary overlaps; the worlds do not.

The engine runs smoothly. It just doesn’t run the same engine for everyone.

Where This Is Going

With the structure in place, we can now do the slower work:

  • unpacking individual components
  • tracing where ontological choices are asserted rather than argued
  • showing how “reasonableness” and “fairness” operate as constraint mechanisms
  • and explaining why remediation almost always requires a metaphysical switch, not better rhetoric

That should worry us more than if it were merely malfunctioning.

The rest of the story

Read part 2 of this essay.

This essay is already long, so I’m going to stop here.

Not because the interesting parts are finished, but because this is the point at which the analysis stops being descriptive and starts becoming destabilising.

The diagram you’ve just walked through carries a set of suppressed footnotes. They don’t sit at the margins because they’re trivial; they sit there because they are structurally prior. Each one represents an ontological assertion the system quietly requires in order to function at all.

By my count, the model imposes at least five such ontologies. They are not argued for inside the system. They are assumed. They arrive pre-installed, largely because they are indoctrinated, acculturated, and reinforced long before anyone encounters a courtroom, a jury, or a moral dilemma.

Once those ontologies are fixed, the rest of the machinery behaves exactly as designed. Disagreement downstream is permitted; disagreement upstream is not.

In a follow-up essay, I’ll unpack those footnotes one by one: where the forks are, which branch the system selects, and why the alternatives—while often coherent—are rendered unintelligible, irresponsible, or simply “unreasonable” once the engine is in motion.

That’s where justice stops looking inevitable and starts looking parochial.

And that’s also where persuasion quietly gives up.

Meet the Language Insufficiency GPT

1–2 minutes

In anticipation of the publication of A Language Insufficiency Hypothesis in January 2026, I’ve created a Language Insufficiency GPT.

Today I’m launching something designed to exploit a familiar failure mode with forensic precision:
👉 https://chatgpt.com/g/g-694018a9bbc88191a8360d65a530e50c-language-insufficiency-gpt

Naturally, it will make more sense alongside the book. But it may still provide a bit of entertainment – and mild discomfort – in the meantime.

tl;dr: Language is generally presumed to be stable. Words mean what you think they mean, right? A table is a table. A bird is a bird. Polysemy aside, these are solid, dependable units.

Then we arrive at freedom, justice, truth, and an entire panoply of unstable candidates. And let’s not even pretend qualia are behaving themselves.

So when someone says ‘truth’, ‘free speech’, or ‘IQ’, you may suddenly realise you’ve been arguing with a cardboard cut-out wearing your own assumptions. That isn’t just interpersonal mischief. It’s language doing exactly what it was designed to do: letting you glide over the hard problems while sounding perfectly reasonable.

Audio: Short NotebookLM summary of this page content*
Video: Legacy video explaining some features of the LIH.

If that sounds banal, you’ve already fallen for the trap.

Give it a try – or wait until you’ve digested the book. Not literally, unless you’re short on fibre.

Cheers.

* As I’ve cited previously, the quality of NotebookLM varies – usually in predictable directions. This one does well enough, but it doesn’t have enough context to get the story right (because it was only drawing from this page rather than from a fuller accounting of the LIH). Its trailing comment reveals that it doesn’t grasp that “new words” don’t solve the problem.

Earlier, it suggests that language is intentionally vague. This is not an assertion I make. You can read some of the earlier incarnations, or you can wait for it to be published.