I Need a Break

5–7 minutes

More precisely, I need less sleep and longer days – preferably twice as long. I’ve been writing almost non-stop for the better part of a week: fourteen- to sixteen-hour days, fuelled by irritation and the stubborn belief that if I just keep reading, something will finally click into place.

I’m not complaining. This is a virtuous cycle.
Reading leads to writing. Writing demands more reading. Eventually, the loop closes into something that looks suspiciously like progress.

Audio: Short NotebookLM summary podcast on this topic.

Still, there’s a bottleneck.

Because some of this work – the work I’m most excited about – I’m deliberately not publishing yet. Journals, bless their glacial hearts, don’t much care for prior publication. So ideas sit in limbo for six to eighteen months, locked in a room like argumentative houseplants, slowly growing sideways.

From the perspective of someone who thinks in public, this is maddening.

Now add AI to the mix.

This is where things get dangerous.

I’ll feed ChatGPT a thesis, a skeletal structure, notes, and references. I ask what I’m missing. It obliges – often helpfully – by pointing me toward adjacent thinkers and relevant literature, complete with page numbers. From there, I verify, hunt down the sources, skim, read, discard, or integrate.

And every so often, I stumble across something that makes me swear out loud.

This week, it was Bernard Williams.

I’ve cited Ethics and the Limits of Philosophy before. But this time, I actually sat down and read it properly. Which immediately prompted the thought:

Why didn’t I read this sooner?

Williams dismantles moral objectivity with the calm precision of someone who knows the Enlightenment project has already lost – he just hasn’t told everyone yet. Thick and thin moral concepts, locality, non-extensibility, the collapse of universal moral reason at scale – yes, yes, yes. He published this in 1985. Fine. I’ll survive.

But then I went further.

Williams shows that morality fails between people at scale.
I argue that it fails within a single person over time.

That became my second paper.

And this is where things went off the rails.

Because in the course of writing that paper, I dipped into Hart’s The Concept of Law and Endicott’s Vagueness in Law. These are not fringe polemics. These are law textbooks. For law students. People allegedly trained to parse language for a living.

And what I found was… astonishing.

Let me paraphrase the admissions:

Image: When the law is vague, judicial decisions may be unconstrained by the law.

Endicott: “By upsetting the standard view of adjudication, the book reaches conclusions that some people find horrible: when the law is vague, judicial decision- making will in some cases be unconstrained by the law. It is impossible in principle for judges always to treat like cases alike. Predictability in the law is to some extent unattainable. Moreover, I argue in Chapter 9,2 that vagueness cannot be eliminated from law. These conclusions might seem to imply that the rule of law is, at least to some extent, conceptually impossible.”

Image: Vagueness is inevitable. Deal with it.

Endicott: “Secondly, I do not claim that vagueness is a purely linguistic feature of law. And the book relies on no claim about the relation between law and language. These points must be stressed, because vagueness is commonly thought of as a linguistic phenomenon. And. indeed, most of the discussion in the book concerns the vagueness of linguistic expressions. But the indeterminacy claim is not just a claim about language (so I argue in Chapter 3.12). So. for example, the claim in Chapter 6 that general evaluative and normative expressions are necessarily vague is not just a claim about the word ‘good’ and the word ‘right1: it is a claim about any linguistic expression in which we could conceivably express general evaluative and normative judgments. It therefore includes a claim about what is good and what is right.”

Image: Whether law is morally valuable to a community is not my concern. Justice and the rule of law may be political virtues — or not. I don’t defend them here.

Endicott: “Disputes between legal positivists and natural law theorists have concerned not only the relation between law and adjudication, but also the relation between law and morality. Here I take no general position on the intrinsic moral value of law. I do rely on the claims that law can be valuable to a community, and that justice and the rule of law are two ideals which a com- munity can intelligibly pursue as political virtues. Even those claims are controversial (Kelsen and some of the theorists discussed in Chapter 2 have controverted them ). But I do not defend them here. This work aims to show that the indeterminacy claim does nothing to threaten the pursuit of justice and the rule of law. Those ideals cannot be well understood if we try to make them depend on determinacy in the requirements of the law.”

Say what?

Read together – not even uncharitably – the message is clear:

Law is indeterminate.
Indeterminacy is unavoidable.
And whether law is good, just, or valuable is… optional.

The subtext isn’t even hiding.

Law is a power structure first.
If it happens to align with justice, fairness, or communal value, well, lovely. A bonus. Champagne all round.

This does not sit well with a sceptical cynic.

What really broke me, though, wasn’t the argument itself. Philosophers make grim claims all the time. What broke me was the silence around it.

How does this pass under the radar?

How do cohorts of law students – drilled in textual analysis, trained to read footnotes like tea leaves – not trip over this elephant stampede? How do they graduate believing they’re upholding inalienable rights, rather than participating in a managed system of coercion that occasionally behaves itself?

Self-preservation, I suppose.
Wilful ignorance.
Professional cosplay.

I’ve seen this before.

As an economist, ask the wrong foundational question, and you’re instantly radioactive. Persona non grata. Careers don’t end with explosions — they end with polite silence and no invitations.

I probably should have committed to heterodox philosophy from the start.
Or stayed a musician.

I remember leaving graduate school, putting on a suit, and feeling like I was wearing a costume. Cosplay, before we had the word. “Business professional” as a role, not an identity.

I’ve always felt intellectually capable of doing whatever I set out to do. My temperament, however, has never agreed to play along.

Which is perhaps why diagnosing ontologies comes so naturally. Once you see the scaffolding, you can’t unsee it – whether it’s metaphysics, jurisprudence, or a corporate department pretending it has a mission.

Then David Graeber came along with Bullshit Jobs, and I remember thinking:
Thank God. It’s not just me.

So yes. I need a break.

I need sleep.
I need silence.
I need to stop reading law books that accidentally admit they’re about power and then act surprised when someone notices.

Mostly, I need to type:

WTAF?

And then go outside.

Power Relations Bollox

As I put the finishing touches on the third revision of my Language Insufficiency Hypothesis manuscript, I find myself reflecting on the role of Foucault’s concept of Power Relations in shaping the use and interpretation of language in institutional contexts.

A key aspect of my hypothesis is the notion that some abstract conceptual language is intentionally vague. I touched on this idea in my recent article on the ambiguity of the term ‘gift’, but the implications extend far beyond that specific example. The strategic use of linguistic indeterminacy is a pervasive feature of many professional domains, serving to veil and enable subtle power plays.

NotebookLM Audio Podcast Discussion of this content.

In my manuscript, I examine the concept of ‘reasonableness’ as a prime example of this phenomenon. This term is a favourite hiding spot for legal professionals, appearing in phrases like ‘reasonable doubt’ and ‘reasonable person’.Yet, upon closer inspection, the apparent clarity and objectivity of this language dissolves into a morass of ambiguity and subjectivity. The invocation of reasonableness often serves as a rhetorical sleight of hand, masking the exercise of institutional power behind a veneer of impartiality.

While I don’t wish to venture too far into Nietzschean cynicism, there is a sense in which the legal system operates like a casino. The house always seeks to maintain its edge, and it will employ whatever means necessary to preserve its authority and legitimacy. In the case of reasonableness, this often involves a strategic manipulation of linguistic indeterminacy.

The court reserves for itself the power to decide what counts as reasonable on a case-by-case basis. Definitions that prove expedient in one context may be swiftly discarded in another. While skilled advocates may seek to manipulate this ambiguity to their advantage, the ultimate authority to fix meaning rests with the judge – or, in some instances, with a higher court on appeal. The result is a system in which the interpretation of key legal concepts is always subject to the shifting imperatives of institutional power.

This example highlights the broader significance of the Language Insufficiency Hypothesis. By attending to the ways in which abstract and contested terms can be strategically deployed to serve institutional ends, we can develop a more critical and reflexive understanding of the role of language in shaping social reality. In the process, we may begin to glimpse the complex interplay of power and meaning that underlies many of our most important professional and political discourses.

Switching Teams, Same Game: How Politics Is the New Religion

Jean-François Lyotard’s Le Différend has a way of gnawing at you—not with profound revelations, but with the slow, disquieting erosion of assumptions. It got me thinking about something uncomfortably obvious: political orientation is nothing more than the secular cousin of religious indoctrination. Just as most people will, without much scrutiny, cling to the religion of their upbringing and defend it as the One True Faith, the same applies to their political worldview. Whether you’re baptised into Anglicanism or wade knee-deep into the waters of neoliberalism, the zeal is indistinguishable.

Of course, there are the self-proclaimed rebels who smugly declare they’ve rejected their parents’ politics. The ones who went left when Mum and Dad leaned right or discovered anarchism in the ruins of a conservative household. But let’s not be fooled by the patina of rebellion: they may have switched teams, but they’re still playing the same game. They’ve accepted the foundational myths of institutions and democracy—those hallowed, untouchable idols. Like religion, these constructs are not just defended but sanctified, preached as the best or only possible versions of salvation. Dissenters are heretics; non-believers are unthinkable.

It’s not that political ideologies are inherently bad (just like religion has its occasional charm). It’s that the devout rarely stop to question whether the framework itself might be the problem. They assume the boundaries are fixed, the terms are immutable, and the debate is merely about the correct interpretation of the catechism. But if Lyotard has taught us anything, it’s this: the real battles—the différends—are the ones no one’s even acknowledging because the language to articulate them doesn’t exist in the prevailing orthodoxy.