I’ve been reading Bernard Williams lately, and I’ve written about his work on Truth and Truthfulness. I’m in the process of writing more on the challenges of ontological moral positionsand moral luck. I don’t necessarily want to make contemporary news my focal point, but this is a perfect case study for it. I’ll be releasing a neutral philosophy paper on the underlying causes, but I want to comment on this whilst it’s still in the news cycle.
The form of xenophobia is a phenomenon occurring in the United States, though the ontological split is applicable more generally. For those unfamiliar with US news, I’ll set this up. The United States is currently deploying federal enforcement power in ways that deliberately bypass local consent, blur policing and military roles, and rely on fear as a stabilising mechanism. Historical analogies are unavoidable, but not required for the argument that follows. These forces have been deployed in cities that did not and do not support the Trump administration, so they are exacting revenge and trying to foment fear and unrest. This case is an inevitable conclusion to these policy measures.
tl;dr: The Law™ presents itself as fact-driven, but only by treating metaphysical imputations about inner life as if they were empirical findings. This is not a flaw in this case; it is how the system functions at all.
NB: Some of this requires having read Williams or having a familiarity with certain concepts. Apologies in advance, but use Google or a GPT to fill in the details.
Audio: NotebookLM summary podcast of this content.
Why the Minneapolis ICE Shooting Exposes the Limits of Bernard Williams
The Minneapolis ICE shooting is not interesting because it is unusual. It is interesting because it is painfully ordinary. A person is dead. An officer fired shots. A vehicle was involved. Video exists. Statements were issued. Protests followed. No one seriously disputes these elements. They sit in the shared centre of the Venn diagram, inert and unhelpful. Where everything fractures is precisely where the law insists clarity must be found: intent and motive. And this is where things stop being factual and start being metaphysical.
The Comfortable Fiction of Legal Facts
The legal system likes to tell a comforting story about itself. It claims to be empirical, sober, and evidence-driven. Facts in, verdicts out. This is nonsense.
What the law actually does is this:
It gathers uncontested physical facts.
It then demands a psychological supplement.
It treats that supplement as if it were itself a fact.
Intent and motive are not observed. They are inferred. Worse, they are imposed. They are not discovered in the world but assigned to agents to make outcomes legible.
In Minneapolis, the uncontested facts are thin but stable:
A U.S. Immigration and Customs Enforcement (ICE) agent, identified as Jonathan Ross, shot and killed Renée Nicole Good in Minneapolis on 7 January 2026.
The incident involved Good’s vehicle, which was present and moving at the time shots were fired.
Ross fired his weapon multiple times, and Good died from those gunshot wounds.
The Department of Homeland Security (DHS) claims the agent acted in self-defence.
Video footage exists that shows at least part of the encounter.
The case ignited protests, widespread condemnation from local officials, and political pushback.
This creates a shared intersection: vehicle, Ross, shots, and that ‘something happened’ that neither side is denying.
The Law smuggles metaphysics into evidence and calls it psychology.
None of these facts contain intent. None of them specify motive. They do not tell us whether the movement of the vehicle was aggression, panic, confusion, or escape. They do not tell us whether the shooting was fear, anger, habit, or protocol execution. Yet the law cannot proceed without choosing. So it does what it always does. It smuggles metaphysics into evidence and calls it psychology.
Intent and Motive as Institutional Impositions
Intent is treated as a condition of responsibility. Motive is treated as its explanation. Neither is a fact in anything like the ordinary sense. Even self-report does not rescue them. Admission is strategically irrational. Silence is rewarded. Reframing is incentivised. And even sincerity would not help, because human beings do not have transparent access to their own causal architecture. They have narratives, rehearsed and revised after the fact. So the law imputes. It tells the story the agent cannot safely tell, and then punishes or absolves them on the basis of that story. This is not a bug. It is the operating system.
Where Bernard Williams Comes In
This is where Bernard Williams becomes relevant, and where his account quietly fails. In Truth and Truthfulness, Williams famously rejects the Enlightenment fantasy of capital-T Truth as a clean, context-free moral anchor. He replaces it with virtues like sincerity and accuracy, grounded in lived practices rather than metaphysical absolutes. So far, so good.
Williams is right that moral life does not float above history, psychology, or culture. He is right to attack moral systems that pretend agents consult universal rules before acting. He is right to emphasise thick concepts, situated reasons, and practical identities. But he leaves something standing that cannot survive the Minneapolis test.
The Residue Williams Keeps
Williams still needs agency to be intelligible. He still needs actions to be recognisably owned. He still assumes that reasons, however messy, are at least retrospectively available to anchor responsibility. This is where the residue collapses.
In cases like Minneapolis:
Intent is legally required but epistemically unavailable.
Motive is legally explanatory but metaphysically speculative.
Admission is disincentivised.
Narrative is imposed under institutional pressure.
At that point, sincerity and accuracy are no longer virtues an agent can meaningfully exercise. They are properties of the story selected by the system. Williams rejects metaphysical Truth while retaining a metaphysical agent robust enough to carry responsibility. The problem is that law does not merely appeal to intelligibility; it manufactures it under constraint.
Moral Luck Isn’t Enough
Williams’ concept of moral luck gestures toward contingency, but it still presumes a stable agent who could, in principle, have acted otherwise and whose reasons are meaningfully theirs. But once intent and motive are understood as institutional fabrications rather than inner facts, ‘could have done otherwise’ becomes a ceremonial phrase. Responsibility is no longer uncovered; it is allocated. The tragedy is not that we fail to know the truth. The tragedy is that the system requires a truth that cannot exist.
Facts Versus Stories
The law does not discover which story is true. It selects which story is actionable.
The Minneapolis case shows the fault line clearly:
Facts: bodies, movements, weapons, recordings.
Stories: fear versus anger, defence versus aggression.
The first is uncontested. The second does all the work.
And those stories are not epistemic conclusions. They are metaphysical commitments enforced by law. Williams wanted to rescue ethics from abstraction. What he could not accept is that, once abstraction is removed, responsibility does not become more human. It becomes procedural.
The Uncomfortable Conclusion
The law does not operate on truth. It operates on enforceable interpretations of behaviour. Intent and motive are not facts. They are tools. Williams saw that capital-T Truth had to go. What he did not see, or perhaps did not want to see, is that the smaller, more humane residue he preserved cannot bear the weight the legal system places on it.
Once you see this, the obsession with ‘what really happened’ looks almost childish. The facts are already known. What is being fought over is which metaphysical fiction the system will enforce.
That decision is not epistemic. It is political. And it is violent.
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.
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.
Justice works the same way – like a casino with house-favoured odds.
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.
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.
The house needs continuity. Without it, the game cannot settle accounts.
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.
The house needs someone who could have chosen otherwise
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.
The house needs moments, not milieus.
Ontology 4: Causation
Asserted (m): Local, linear causation Excluded (n): Diffuse, systemic, or emergent 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.
The house needs causes that fit inside a sentence.
‘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.
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.
The problem is pretending the odds are neutral.
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.
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.
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:
Justice is not discovered. It is produced.
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
Justice is not broken. It is doing exactly what it was built to do.
That should worry us more than if it were merely malfunctioning.
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.
Written by Bry Willis and ChatGPT 5.2 after a couple of days of back and forth
Although I didn’t want to publish a formal essay, I wanted to produce something otherwise rigorous. The references I make are of the authored piece I am critiquing – MacIntyre, Žižek, Lacan – I’ve discussed these figures and their works, sometimes at length.
Audio: NotebookLM summary podcast discussion of this content.
Preamble: Setting the Encounter
Over the past several weeks, Otti Vogt and I have been circling one another in public threads on leadership, solidarity, ethics, and what might loosely be called the moral architecture of social life. At moments, we converge; more often, we don’t. The exchanges have been serious, occasionally sharp, and – credit where it’s due – largely conducted in good faith.
Recently, Otti published a more explicit articulation of the ontological commitments underlying his work – The Future of Flourishing: Toward a Dialectical Spiritual Realist Social Ontology (DRS) – a framework grounded in participatory metaphysics, virtue ethics, and an objective conception of the Good, oriented toward human flourishing. In doing so, he has done something both generous and rare in contemporary discourse: he has made his meta-assumptions visible. That gesture deserves to be taken seriously. This response is written in that spirit.
For my part, I have already shared a different set of commitments, most notably what I call the Mediated Encounter Ontology (MEOW) and the Language Insufficiency Hypothesis (LIH). These are not counter-ontologies in the conventional sense, nor are they offered as replacements for the metaphysical structures Otti defends. They are diagnostic lenses. Their purpose is to foreground mediation, semantic drift, power asymmetries, and the limits of moral language – especially where that language is asked to perform stabilising or universalising work it cannot reliably sustain.
What follows, then, is not a refutation from within Otti’s framework, nor an attempt to ‘correct’ his ontology by substituting another in its place. It is an analysis conducted from a philosophy of language that explicitly rejects the need for the kind of metaphysical grounding his project presupposes.
That distinction matters. Much philosophical disagreement fails not because arguments are weak, but because interlocutors believe they are disputing conclusions when they are, in fact, operating with incompatible assumptions about what language can do, how meaning holds, and where normativity comes from.
Accordingly, I will first restate Otti’s position as charitably and accurately as possible, including the conditions under which it appears to work well. I will then apply MEOW and LIH as analytic lenses – not to score points, but to observe how this framework behaves under pressure: across time, across groups, and across material and organisational realities. Finally, I will explain why, despite its internal coherence and aspirational appeal, I regard the project as structurally unsustainable beyond tightly aligned in-groups.
This is a polemic, but not a casual one.
This is a polemic, but not a casual one. It is written in respect of the seriousness of the work, and in full awareness that the disagreement it traces is unlikely to be resolved. I do not expect to publish this as a formal preprint, but I have structured it much as I otherwise would. The latitude afforded by a blog is used here not to loosen standards, but to speak more plainly about where the fault-lines actually lie.
At its strongest, Otti Vogt’s framework is an attempt to rescue ethics, leadership, and social solidarity from what he takes to be the exhaustion of proceduralism, relativism, and technocratic management. The diagnosis is familiar but not trivial: without a shared moral horizon, collective action collapses into preference aggregation, power struggles, or managerial optimisation masquerading as value-neutral necessity. Against this, Otti proposes a participatory social ontology grounded in three interlocking commitments.
First, normativity is real.
Moral claims are not merely expressions of preference, strategic coordination devices, or retrospective rationalisations of power. They track something objective, even if imperfectly. The Good is not constructed ex nihilo by consensus, nor generated procedurally through participation; rather, participation presupposes it. Solidarity, dignity, and justice do not emerge bottom-up from agreement alone, but from orientation toward a moral reality that precedes and exceeds any given social formation.
Second, personhood is constitutively relational.
Individuals are not pre-social atoms who later enter into moral contracts, but beings-in-relation whose identities are shaped through participation in shared practices, institutions, and meanings. Drawing on Aristotelian virtue ethics, Christian theology, and strands of critical realism, Otti treats ethical formation not as rule-following but as the cultivation of practical wisdom within an ordered moral ecology. Virtue, here, is not compliance but excellence-in-relation.
Third, social structures are dialectical rather than merely procedural.
Change does not occur through rule revision alone, nor through technocratic optimisation, but through what might be called moral morphogenesis: the transformation of agents and structures together as they orient themselves toward better forms of collective life. Leadership, on this view, is not managerial control but ethical mediation – holding open a space in which shared participation in the Good can occur.
Importantly, this is not presented as naïve moralism. Otti is explicit that causality and ethics must be distinguished, that material conditions matter, and that social systems operate across stratified domains. His engagement with Bhaskar, Archer, and Duindam is meant to secure this distinction without collapsing ethics into natural determinism. Likewise, his invocation of Lacan and Žižek is intended to show that absence, lack, and non-identity are not defects to be eliminated, but productive tensions that drive ethical becoming rather than undermining it. On the happy path, this framework is compelling.
In small, relatively homogeneous groups – especially those already sharing a thick moral vocabulary – it offers a powerful grammar for meaning-making. It legitimises ethical judgment without reducing it to preference. It resists the flattening tendencies of procedural liberalism. It offers leaders a language richer than metrics and incentives, while avoiding crude authoritarianism. And it gives participants a sense that their actions matter not merely instrumentally, but as contributions to something genuinely worthwhile.
If one already accepts its metaphysical premises, the system is internally coherent. More than that, it is motivational, aspirational, and – within its own frame – normatively robust. That coherence is not in dispute.
What happens when this DRS framework leaves the happy path?
What is in dispute is what happens when this framework leaves the happy path: when participants do not already share the ontology, when meanings drift over time, when organisational power intervenes, and when the language of participation is asked to scale beyond aligned in-groups into contested social reality. That is where the analysis begins.
2. Where the Framework Breaks: Boundary Conditions, Not Bad Faith
The first pressure point appears the moment participation is treated as if it occurs within an open, neutral moral field.
It doesn’t.
Participation always takes place inside an already-structured semantic environment. Values, goods, virtues, and ends are never encountered as raw givens, but as pre-formatted invitations. One does not simply ‘enter’ participation; one enters a space whose grammar has been written in advance, whose concepts already carry weight, direction, and implied hierarchies of legitimacy. This is not an accidental feature of social life. It is constitutive of it.
To participate is to move within a field of meanings that already distinguishes sense from nonsense, virtue from vice, maturity from immaturity, insight from confusion. Even when those distinctions are contested, the contest itself presupposes a shared language in which disagreement can appear as intelligible disagreement rather than noise.
This matters because Otti’s framework consistently treats participation as if it were epistemically generous and normatively hospitable by default. Yet participation is never merely an invitation; it is also a constraint. It shapes what can be said without sanction, which forms of dissent register as good-faith critique, and which appear as moral immaturity, resistance, or failure to ‘grasp the horizon’.
The moment a moral centre is posited – however dialectical, however participatory – it generates a gradient of alignment. Some positions sit closer to the centre and therefore appear clearer, wiser, more attuned. Others sit further out and must explain themselves, translate themselves, or justify their deviance from what is increasingly experienced as common sense. This is not a corruption of participatory ethics. It is its inevitable consequence.
Even if the Good is not imposed but ‘participated in,’ participation itself is never symmetrical. Someone always articulates the terms. Someone always curates the language. Someone always has greater fluency in the idiom of the Good and thus greater interpretive authority over what participation currently requires.
Participation does not erase power. It reconfigures it.
In practice, this produces a familiar asymmetry: those already aligned with the metaphysical grammar experience the framework as expansive and liberating, while those outside it experience it as invisible pressure. They are not coerced in any crude sense, but they are nonetheless nudged, corrected, reoriented, or quietly marginalised. The boundary condition, then, is simple but decisive: Participation does not erase power. It reconfigures it.
The claim that solidarity arises from participation in the Good rather than from procedure does not eliminate enforcement; it relocates it upstream, into ontology. What had previously been contested politically now appears as a matter of moral attunement or ontological adequacy. This is especially significant when the framework encounters out-groups.
For those who do not already share the metaphysical commitments – who do not recognise the same Good, or who reject the idea that such a Good exists independently of social negotiation – participation becomes conditional. Entry requires translation into a language they did not choose. Dissent must be framed in terms that already concede too much.
At that point, participation ceases to be an open moral practice and becomes something closer to initiatory alignment. This does not make the framework incoherent. It makes it local.
The problem arises only when a local moral grammar presents itself as foundational, scalable, or universally binding – when its boundary conditions are treated as philosophical necessities rather than contingent achievements. That transition is where the trouble begins.
3. Virtue as a Fluid: The Instability at the Centre
The next fault line emerges around virtue itself. Within Otti’s framework, virtue is no longer merely a description of excellence-in-practice, nor even a tradition-bound cultivation of character in recognisable forms of life. It becomes something more elusive: a dynamic orientation toward the Good, realised through participatory attunement rather than rule-following or procedural compliance.
On the surface, this looks like a strength. It avoids legalism. It avoids rigid codification. It allows for context, judgment, and development over time. But this move has a cost.
Once virtue is abstracted from stable practices and anchored instead to a transcendent moral horizon, it becomes semantically fluid. Its content is no longer secured by what people reliably do well together, but by how well their dispositions appear aligned with an ideal that itself resists definitive articulation.
At this point, virtue quietly changes function. It ceases to operate primarily as a descriptive account of excellence within a practice and becomes prescriptive as a mode of conformity to an interpretive centre. The question shifts from ‘What does excellence look like here?’ to ‘How well does this agent instantiate the orientation we recognise as virtuous?’
MacIntyre already gestures toward this danger, though he does not fully escape it. His attempt to recover virtue through traditions of practice depends on the relative stability of those traditions. Once the tradition fragments or pluralises, virtue must either harden into orthodoxy or soften into abstraction. Otti’s framework opts for the latter, but abstraction does not dissolve authority; it redistributes it.
And interpretation, inevitably, has interpreters.
When virtue becomes fluid, it also becomes indexical. Its meaning is determined less by shared activity than by ongoing interpretation. And interpretation, inevitably, has interpreters.
Those most fluent in the language of the Good become de facto arbiters of what virtue currently requires. Those less fluent must demonstrate sincerity, openness, or willingness to be formed. Virtue, in other words, becomes something one is recognised as having rather than something one demonstrably does. This produces a subtle but powerful inversion.
Instead of virtue disciplining ideals through lived practice, ideals discipline agents through moral evaluation. What begins as openness hardens into expectation. What begins as formation shades into assessment. What begins as aspiration becomes normativity with softer edges but firmer reach.
The fluidity of virtue does not eliminate moral pressure. It intensifies it, precisely because it lacks clear boundaries. And this is where temporal drift compounds the problem.
If virtue is continuously rearticulated in light of a transcendent Good, then yesterday’s excellence may become today’s deficiency – not because practices failed, but because the interpretive centre shifted. The agent who was once exemplary now appears insufficiently attuned. Correction follows. Alignment is requested. Resistance is reclassified as misunderstanding. None of this requires bad faith. None of it requires domination. It emerges naturally from the structure.
A virtue ethics that cannot tolerate virtue disagreement without moralising it is no longer describing excellence. It is managing deviation. This is not an argument against virtue per se. It is an argument against virtue untethered from stable practices and reattached to metaphysical ideals whose interpretation remains necessarily contested. Once virtue becomes a fluid, it stops being a guide to excellence and starts functioning as a solvent – dissolving difference while claiming to honour it.
Interlude: Interpretation, Gravity, and the Problem of Innocent Power
At this point, it is tempting to reassure ourselves that none of the above entails domination, coercion, or even hierarchy in any crude sense. After all, the framework under discussion explicitly rejects authoritarianism, emphasises participation, and repeatedly insists that the Good is not imposed but disclosed through relational engagement. This reassurance is sincere. It is also insufficient.
The problem is not that leaders within such a framework intend to exert power. The problem is that interpretation exerts power regardless of intention.
Any system oriented toward a transcendent Good requires interpretation. Someone must articulate what participation looks like here, now, under these conditions. Someone must distinguish fidelity from distortion, growth from regression, openness from refusal. These judgments cannot be automated, proceduralised, or dissolved into pure dialogue. They must be made.
Where judgments are made, gravity forms. This is not a psychological claim about ego, nor a moral accusation about bad faith. It is a structural observation. Interpretive authority emerges wherever meaning is stabilised long enough to guide action. The more abstract and elevated the referent, the greater the interpretive leverage required to render it actionable. The paradox is this: the more a leader insists they are not exercising authority, the harder their authority becomes to contest.
When normativity is framed as participation in the Good rather than compliance with rules, disagreement does not present itself as disagreement. It presents itself as misalignment, immaturity, or insufficient formation. Resistance is redescribed not as an alternative judgment but as a failure of attunement.
At this point, critique becomes difficult without appearing morally suspect. This is what gives participatory metaphysics its peculiar force. It does not silence opposition; it spiritualises it. Dissenters are not wrong so much as ‘not yet there’. Their objections are not refuted; they are absorbed into a narrative of ongoing formation.
This is not coercion. It is more effective than coercion. Even if a leader sincerely wishes not to exert gravity, the structure ensures that gravity accumulates around them. Those closest to the interpretive centre appear most aligned with the Good. Their judgments carry more weight. Their language becomes the idiom through which virtue is recognised.
If a leader truly did not wish to exert gravity, the most consistent action would be not to lead. But leadership, by definition, involves orientation. Orientation requires reference points. Reference points generate asymmetry. Asymmetry generates power.
The framework attempts to resolve this by redescribing hierarchy as ‘participatory’ rather than directive, and authority as ‘mediating’ rather than commanding. Yet this is a semantic reconfiguration, not a structural one. The same dynamics persist under gentler names. What disappears is not power, but its visibility. And power that cannot be named cannot be resisted. It can only be internalised.
This is the point at which metaphysics becomes political, whether it intends to or not. The claim that the Good is objective does not neutralise power. It sanctifies it.
4. Temporal Semantic Drift: Why Moral Centres Do Not Hold
Even if one grants – charitably – that participatory metaphysics can function without collapsing into interpretive domination in the short term, it remains vulnerable to a more corrosive force: time.
Moral centres do not fail all at once. They drift. The framework under discussion acknowledges this in principle. It speaks of dialectical movement, of gaps between actuality and the Good, of ongoing formation rather than static completion. On paper, this appears to inoculate it against rigidity.
In practice, it does the opposite. A moral centre that must continuously reinterpret itself in light of a transcendent horizon is never neutral. Each iteration reorders what counts as fidelity, maturity, and alignment. What was virtuous yesterday may become insufficient today – not because practices degraded, but because the interpretive frame shifted.
This is not accidental. It is intrinsic. Because the Good is not fully specifiable, its articulation is always provisional. But provisional articulations still carry normative force. People organise their lives around them. Careers, identities, reputations, and exclusions follow.
Then the centre moves. Those who move with it appear wise, flexible, and developmentally advanced. Those who hesitate appear resistant. Those who remain where they are appear obstructive. Drift is redescribed as growth, and displacement as failure to keep up.
This is how moral projects shed members without ever formally excluding them. At Time-nought, alignment feels communal. At Time-one, it becomes selective. At Time-two, it becomes justificatory. By the time the pattern is visible, the language of solidarity has already done its work.
Transductive subjectivity intensifies this effect. Because subjects and structures co-constitute one another, each moment of participation subtly reshapes the field itself. The centre is never merely followed; it is reproduced through enactment. Drift compounds. What results is not pluralism, but path dependency.
Early interpretations disproportionately shape later possibilities. Foundational voices become canonical. Corrective gestures are framed as recoveries rather than revisions. The centre insists it is merely unfolding what was always implicit. At this point, appeals to the Good no longer function as orientation. They function as retrospective validation. This is where temporal semantic drift becomes decisive.
Key terms – virtue, flourishing, participation, solidarity – do not remain semantically stable across contexts or generations. They accrete meaning through use, conflict, and institutionalisation. To claim continuity is to perform continuity, not to demonstrate it.
The framework attempts to resolve this by appealing to a stable moral horizon beyond language. But this simply relocates the problem. The horizon does not speak. People do.
Every attempt to stabilise meaning across time requires custodians. Custodianship introduces authority. Authority introduces exclusion. Exclusion introduces rationalisation. None of this implies malice. It implies entropy.
What works in a tightly aligned founding cohort does not survive scale, succession, or stress. History is littered with ethical systems that were internally coherent, sincerely motivated, and initially generative – until drift revealed the cost of maintaining coherence.
The claim is not that moral projects inevitably fail. It is that they cannot guarantee their own continuity without paying a price.
Participatory metaphysics offers no mechanism for escaping this. It offers only better reasons for why the price was necessary.
Interlude II: On Borrowing Žižek to Refute Žižek
At this point, a further tension must be addressed directly, because it is not incidental. It sits at the conceptual core of the framework itself.
Otti explicitly invokes Žižek and Lacan to demonstrate that absence, lack, and non-identity are not pathological failures to be overcome, but productive features of subjectivity and social life. This move is intended to show that participatory metaphysics can accommodate negativity, incompleteness, and instability without collapsing into relativism or nihilism. The intention is understandable. The result is incoherent.
Žižek’s central claim is not merely that the Big Other is fractured, incomplete, or imperfectly realised. It is that the Big Other does not exist. There is no transcendent guarantor of meaning, no symbolic authority that secures coherence from beyond the field of human practices. To ‘traverse the fantasy’ is precisely to accept this absence, not to redescribe it in more sophisticated terms.
Lacan’s notion of constitutive lack is not a privation awaiting fulfilment. It is not a gap that participation can close. It is an ontological condition: the impossibility of any final anchoring of meaning, identity, or desire. Lack is not productive because it gestures toward plenitude; it is productive because plenitude is structurally impossible. This is where the framework under review performs a decisive sleight of hand.
To invoke Lacan in support of a transcendent Good is therefore not a creative synthesis. It is a misappropriation.
By mapping Lacanian lack onto Bhaskar’s concept of real absence, the argument treats both as ‘modes of non-being that nonetheless exercise causal force’. But this collapses a distinction that Žižek and Lacan insist upon. Bhaskar’s absences are, in principle, fillable: the missing resource, the unjust structure, the preventable harm. Lacan’s lack is not. Attempts to fill it do not resolve the problem; they generate new symptoms, new fantasies, new forms of misrecognition. To invoke Lacan in support of a transcendent Good is therefore not a creative synthesis. It is a misappropriation.
What results is the reinstallation of precisely what psychoanalysis dismantles: a symbolic guarantor that promises coherence, orientation, and resolution. The Good becomes the ultimate Big Other – disavowed, abstracted, and rendered untouchable by those who claim merely to participate in it. This is not a minor theoretical inconsistency. It reveals the deeper strategy at work.
The framework borrows the critical sophistication of post-structural thought to inoculate itself against charges of naivety, while quietly reinstalling a classical metaphysics that those same thinkers spent their careers undoing. Absence is affirmed rhetorically, only to be neutralised ontologically. Negativity is welcomed, but only insofar as it can be oriented toward a pre-existing moral horizon. In effect, the language of lack is used to smuggle in fullness.
Once this move is made, the rest follows predictably. Interpretation acquires authority. Participation acquires normativity. Dissent becomes misrecognition. And the Good, now safely beyond contestation, does exactly the work the Big Other has always done – only with better philosophical cover.
5. Transductive Subjectivity: Participation Rewrites the Good
The final pressure point is not historical but immediate. Even if one brackets time, tradition, and institutional inertia, the framework still assumes something that does not hold: that subjects can participate in the Good without becoming co-authors of it. This is where transductive subjectivity becomes decisive.
Subjects are not vessels into which ethical form is poured. They are mediating agents. Every act of participation feeds back into the system that solicited it. Meaning is not transmitted intact; it is refracted through position, interest, fear, aspiration, and interpretation. Participation does not preserve coherence. It produces variance.
This is not a flaw in human beings. It is how social systems function. Each interaction slightly reshapes the normative field, altering expectations, redefining what counts as success, recalibrating what virtue now looks like in practice. Multiply this across hundreds or thousands of agents, and the idea of a stable moral centre becomes untenable without aggressive correction.
Here, Archer’s morphogenetic insight quietly undermines the aspiration of ethical constancy. Structures condition action, action transforms structure, and the cycle repeats. There is no equilibrium point. The system is always becoming something slightly different from what it was meant to be.
Either participation rewrites the Good, or the Good rewrites participants. There is no third option.
From within the framework, this is often redescribed as growth, maturation, or deepening participation. From a systems perspective, it is drift under another name. Either participation rewrites the Good, or the Good rewrites participants. There is no third option.
What holds such systems together is not metaphysical participation, but selective reinforcement. Certain interpretations of virtue are amplified; others fade. Some agents are rewarded as exemplars; others are marked as misaligned. Over time, the system converges not on the Good, but on what is most compatible with its own survival. At this point, solidarity no longer links virtue to the common good. It links conformity to belonging.
This is why ‘participative flourishing’ is not a distinct category so much as a rhetorical intensifier. Flourishing is always participative in the tautological sense that humans act together. The adjective matters only when it is doing boundary work: distinguishing authentic participation from deviant engagement. And that distinction is never neutral.
Once transductive feedback is acknowledged, the best-case scenario becomes clear. The framework can temporarily stabilise a coherent moral culture for a relatively homogeneous group. It may feel meaningful, even liberating, from within.
But it will not scale without exclusion. It will not persist without maintenance. And it will not survive contact with materially divergent lives without becoming prescriptive. This is not cynicism. It is mechanics.
6. Leadership, Power, and the Reality of Organisational Life
All of the above tensions sharpen dramatically once we leave ‘society’ in the abstract and enter organisations. Organisations are not voluntary moral laboratories. They are asymmetric structures with built-in coercion, however politely framed. Participation is rarely free when the alternative is unemployment, precarity, or social marginalisation. Exit costs matter. Silence matters. Compliance matters. This is where appeals to solidarity, virtue, and shared flourishing acquire a different texture.
In organisational settings, leadership does not operate via participative democracy. Its function is not collective deliberation, but directional coordination. Leaders set priorities, allocate resources, and define success metrics. Even the most ‘inclusive’ leadership models ultimately require alignment, not pluralism. Consultation can be widened; directionality cannot be abolished without abolishing the role itself. This produces a structural contradiction.
On the one hand, the rhetoric insists that ethics flows from participation in a shared Good. On the other, participation itself is conditioned by hierarchy. A leader may deny being a centre of gravity, but gravity does not ask permission. The mere ability to define vision, values, or culture already exerts force.
Under these conditions, solidarity does not simply emerge. It is staged. Employees learn quickly which interpretations of virtue are rewarded, which forms of dissent are tolerated, and which are quietly penalised. Moral language becomes a signalling system long before it becomes a compass.
Ethics becomes a loyalty test. Solidarity becomes alignment. Flourishing becomes a synonym for fit.
The danger here is not cartoon authoritarianism. It is something subtler and more durable: moral capture. By this I mean the process through which ethical vocabulary is absorbed into institutional incentives, such that ‘goodness’ becomes legible primarily as compliance with the organisation’s preferred self-description. Ethics becomes a loyalty test. Solidarity becomes alignment. Flourishing becomes a synonym for fit.
This is why organisational utopias tend to function best in small, ideologically homogeneous groups and become brittle as complexity increases. Add more agents, more roles, more external pressures, and more disagreement about what ‘good work’ even is, and the system faces a choice between diversity of perspective and coherence of direction. History suggests it usually chooses the latter.
Religious movements, political vanguards, start-ups, consultancies, and ‘values-led’ enterprises all confront the same dilemma. Harmony is easy when dissenters are excluded early. It becomes harder once heterogeneity enters the system. At that point, solidarity either thins into vacuous slogans or hardens into enforcement.
Girard would recognise the pattern immediately: cohesion is often purchased by identifying the misfit, the blocker, the ‘toxic’ element – the one who must be managed out so that the group can experience itself as good.
The claim that better formation, transparency, or distributed leadership can resolve this misunderstands the problem. These tools can redistribute labour and reduce certain abuses. They do not eliminate asymmetry. Someone still defines the centre, even when it is dressed up as ‘process’, ‘culture’, or ‘shared ownership’. A moral horizon interpreted by a few will, reliably, become a moral demand placed upon the many. Which brings us to the unavoidable conclusion.
7. What This Critique Is (and Is Not)
This critique is not a defence of relativism-for-fun, nor of nihilism-as-apathy. I am a nihilist in a narrow, technical sense: I deny the existence of inherent meanings that are not invented, stabilised, and transmitted through language and practice. Meaning is not discovered intact in the world; it is negotiated, maintained, and contested. That position does not entail indifference. It entails vigilance.
If meanings are made rather than given, then they require care. They require scrutiny. They require attention to who is doing the naming, who benefits from the stabilisation, and who is being asked to align. Nihilism, in this sense, is not a shrug. It is a refusal to outsource responsibility to metaphysics.
In practical terms, this means treating ethical claims as proposals rather than discoveries, responsibilities rather than revelations, and commitments that must be defended in public rather than secured by ontological guarantee. It means accepting that moral authority is something we negotiate and sustain together, not something we uncover already intact and binding.
Nor is this an argument against local moral projects. Communities can and do organise themselves around shared goods, shared narratives, and shared aspirations. Such projects can be meaningful, motivating, and even life-sustaining. But they are also contingent, temporary, and sustained only through ongoing renegotiation.
Moral coherence achieved locally does not scale automatically, and it does not endure without friction.
What works for a particular group, at a particular moment, under particular conditions, does not thereby acquire universal authority. Moral coherence achieved locally does not scale automatically, and it does not endure without friction. That is not a failure of ethics. It is the cost of plurality and time.
The problem arises only when local moral projects mistake their internal coherence for external legitimacy. When they present themselves not as one way of organising meaning, but as a foundational ontology, a scalable ethical architecture, or a universally binding account of the Good.
At that point, disagreement ceases to register as intelligible difference and becomes moral deficiency. Dissent is redescribed as immaturity. Refusal is framed as lack of formation. And ethics quietly crosses the line from orientation into governance. This critique is aimed precisely at that crossing.
8. Conclusion: A Local Moral Project, Not a Universal Architecture
Taken on its own terms, this ontology is serious, internally coherent, and animated by a genuine concern for moral decay, procedural emptiness, and the hollowness of technocratic governance. It is not frivolous work. It is not cynical work. It is work born of dissatisfaction with thin ethics and a desire to recover meaning, orientation, and responsibility. But that does not make it universal.
What this framework offers is best understood not as a foundational solution to ethics, leadership, or societal becoming, but as a local moral project: a thick, tradition-inflected grammar capable of organising commitment among those already disposed to its metaphysical and ethical premises.
Within such in-groups, it may function well. It can generate shared language, reinforce norms, motivate sacrifice, and provide a sense of direction. It may even feel emancipatory, precisely because it relieves participants of the burden of perpetual moral indeterminacy. That relief is not incidental. It is the primary psychological reward such frameworks offer.
What it cannot do, without remainder, is scale across plural moral landscapes without reintroducing coercion under another name.
The moment the framework encounters agents who do not recognise its metaphysical centre, virtue ceases to orient and begins to adjudicate. Solidarity becomes conditional. Participation becomes aspirational compliance. Flourishing becomes legible only to those who already speak the language.
This is not a failure of goodwill. It is the inevitable consequence of grounding ethics in a substantive vision of the Good rather than in negotiated coexistence under conditions of deep disagreement.
History does not suggest a third option.
Attempts to resolve this by appeal to deeper formation, better leadership, or more refined ontological articulation misunderstand the problem. The obstacle is not insufficient sophistication. It is the impossibility of securing universal normative authority without either emptying ethics of content or enforcing it through power. History does not suggest a third option.
To acknowledge this is not to abandon ethics, nor to retreat into relativism or nihilism-as-apathy. It is to recognise that moral systems are provisional, situated, and sustained through ongoing negotiation rather than metaphysical guarantees. Meaning is made, not discovered intact. And whatever coherence we achieve is fragile, temporary, and bought at the cost of exclusion.
If this ontology were presented as one compelling way of organising moral life among those who freely choose it, there would be little to object to. The trouble begins only when it is asked to do more than it can bear: to ground, to bind, to scale, and to endure without remainder. That expectation is not just ambitious. It is precisely the illusion that has undone every such project before.
9. Closing: Admirable Aspirations, Ancient Failure Modes
The desire animating this ontology is admirable. So were many before it. Projects of moral renewal rarely fail because their intentions are corrupt. They fail because they underestimate three forces that never go away: semantic drift, human difference, and the stubborn refusal of people to remain aligned over time without someone being marginalised, disciplined, or expelled. What works at Time-nought rarely survives Time-one.
At the outset, shared language feels like shared purpose. Participation feels voluntary. Solidarity feels mutual. But as contexts shift, meanings stretch, and pressures accumulate, the system must either loosen its grip or tighten it. History suggests it almost always chooses the latter, while continuing to speak the language of the former.
This framework may function well as an in-group grammar. It may even be nourishing there.
This framework may function well as an in-group grammar. It may even be nourishing there. Within aligned communities, it can generate coherence, motivation, and a genuine sense of ethical direction. That should not be dismissed.
But once pressed beyond its boundaries, it exhibits the same failure modes we have seen for centuries: moral centres that require constant maintenance, virtues that drift and must be reinterpreted, participation that quietly becomes compliance, and solidarity that depends on exclusion to remain intact. The difference here is not structure, but style.
What we are offered is not a new solution to ethics, leadership, or social order, but a familiar answer articulated with contemporary sophistication and excellent footnotes. That does not make it unserious. It makes it recognisable.
And recognition, in this case, means seeing an old pattern dressed in new language: a moral centre that promises orientation while quietly reintroducing authority, a vision that speaks the grammar of participation while relying on alignment to survive.
The aspiration is admirable. The failure modes are ancient. And no amount of metaphysical refinement has ever abolished them.
The fashionable complaint is that large language models ‘hallucinate’. They spit out confident nonsense: the tech pundits are scandalised. A chatbot invents a book, attributes it to Plato, and spins a dialogue about Quidditch. ‘Hallucination!’ they cry. Machines, it seems, are liars.
Spare me. Humans are the original hallucination engines. We fabricate categories, baptise them in blood, and call the result ‘truth’. At least the machine doesn’t pretend its fictions are eternal.
Take race and selfhood, our twin masterpieces of make-believe.
They carve boundaries out of fog. Race slices humanity into ‘Black’ and ‘White’. Selfhood cordons ‘I’ off from ‘you’. Arbitrary partitions, paraded as natural law.
They’re locked in by violence and paperwork. Race was stabilised by censuses, laws, and medical forms – the same bureaucratic gears that powered slavery, eugenics, and apartheid. Selfhood was stabilised by diaries, court records, and psychiatric charts. Write it down often enough, and suddenly the fiction looks inevitable.
They make bodies manageable. Race sorts populations into hierarchies and facilitates exploitation. Selfhood sorts individuals for property, accountability, and punishment. Together, they’re operating systems for social control.
They are fictions with teeth. Like money, they don’t need metaphysical foundations. They are real because people are willing to kill for them.
These hallucinations aren’t timeless. They were midwifed in the Enlightenment: anthropology provided us with racial typologies, the novel refined the autonomous self, and colonial administration ran the pilot projects. They’re not ancient truths – they’re modern software, installed at scale.
So when ethicists wring their hands over AI ‘hallucinations’, the joke writes itself. Machines hallucinate openly. Humans hallucinate and call it scripture, law, and identity. The only difference is centuries of institutional muscle behind our delusions.
And here’s the sting: what terrifies us isn’t that AI produces falsehoods. It’s that, given time, its inventions might start to look as solid as ours. Fifty years from now, people could be killing for an algorithm’s hallucination the same way they’ve been killing for gods, races, and selves.
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.
The strategic use of linguistic indeterminacy is a pervasive feature of many professional domains
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.
interpretation of key legal concepts is always subject to the shifting imperatives of institutional power
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.