The Felt Beneath the Table

Fairness, Commensurability, and the Quiet Violence of Comparison

Fairness and Commensurability as Preconditions of Retributive Justice

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

Audio: NotebookLM summary podcast of this topic.

Before the Cards Are Dealt

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

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

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

That infrastructure rests on two foundations:

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

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

1. Why Fairness Is Always Claimed, Never Found

Let’s be precise about what fairness is not.

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

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

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

Competing Fairness Is Not a Problem

Consider how disputes actually unfold:

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

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

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

A Fluid Masquerading as an Invariant

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

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

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

None of these establishes fairness. They merely perform it.

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

2. The Real Gatekeeper: Commensurability

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

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

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

When Incommensurability Refuses to Cooperate

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

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

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

Two Ontologies of Value

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

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

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

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

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

Why Only One Ontology Can Play

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

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

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

3. Why Incommensurability Is Treated as Bad Faith

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

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

Not as an alternative ontology, but as:

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

Reasonableness as Border Control

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

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

Ontological disagreement is converted into:

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

The disagreement is not answered. It is pathologised.

4. Why These Debates Never Resolve

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

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

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

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

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

Remediation Requires Switching Teams

As argued elsewhere, remediation increasingly requires switching teams.

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

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

Retributive justice does the latter.

5. What This Means (Without Offering a Fix)

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

That optimisation has costs:

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

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

Ontology as Pre-emptive Gatekeeping

None of this requires conspiracy.

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

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

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

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

None of these are discovered. All are rehearsed.

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

This is not indoctrination. It is fluency.

And fluency is how ontologies hide.

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

Rationality as Border Control

The system does not say: we reject your ontology.

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

Or worse: you’re being unreasonable.

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

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

The Final Irony

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

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

Not because the system is confident.

Because it cannot afford not to be.

The Point

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

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

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

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

Final Word

Why write these assessments? Why care?

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

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

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

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

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

You will do it for them.

Footnotes from the House: Justice as a Casino Game

4–6 minutes

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

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

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

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

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

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

Ontology 1: The Self

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

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

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

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

Ontology 2: Agency

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

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

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

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

Ontology 3: Choice

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

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

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

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

Ontology 4: Causation

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

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

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

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

Ontology 5: Reasonableness

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

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

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

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

The house needs calm players, not correct ones.

Why These Ontologies, and Not Their Rivals?

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

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

The Point

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

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

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

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

7–10 minutes

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

Read part 2 of this essay.

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

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

Audio: NotebookLM summary podcast of this topic.

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

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

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

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

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

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

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

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

This is precisely where LIH draws a line.

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

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

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

So we pick a single instantiation: Retributive Justice.

Why?

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

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

In short, it requires everything to line up.

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

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

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

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

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

The diagram frames retributive justice as an assessment engine.

An engine has:

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

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

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

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

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

The Three Functional Layers

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

1. The Constitutive Layer

(What kind of thing a person must already be)

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

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

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

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

This is the first “happy path”.

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

2. The Encounter Layer

(What is taken to have happened)

This layer processes the event itself:

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

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

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

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

3. The Evaluative Layer

(How judgment is performed)

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

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

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

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

At the end of this process, uncertainty is closed.

That closure is the moment justice appears.

Why Disagreement Fails Before It Starts

At this point, dissent looks irrational.

The system has:

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

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

And that is why so many justice debates feel irresolvable.

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

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

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

Where This Is Going

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

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

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

The rest of the story

Read part 2 of this essay.

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

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

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

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

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

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

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

And that’s also where persuasion quietly gives up.

A History of Language Insufficiency

3–4 minutes

I’ve been working on A Language Insufficiency Hypothesis since 2018. At least, that’s the polite, CV-friendly version. The truer account is that it’s been quietly fermenting since the late 1970s, back when I was still trapped in primary school and being instructed on how the world supposedly worked.

Social Studies. Civics. Law. The whole civic catechism. I remember being taught about reasonable persons and trial by a jury of one’s peers, and I remember how insistently these were presented as fair solutions. Fairness was not argued for. It was asserted, with the weary confidence of people who think repetition counts as justification.

I didn’t buy it. I still don’t. The difference now is that I have a hypothesis with some explanatory power instead of a vague sense that the adults were bluffing.

Audio: NotebookLM summary podcast of this topic.

I’ve always been an outsider. Eccentric, aloof, l’étranger if we’re feeling theatrical. It never particularly troubled me. Outsiders are often tolerated, provided they remain decorative and non-contagious. Eye rolls were exchanged on both sides. No harm done.

But that outsider position had consequences. It led me, even then, to ask an awkward question: Which peers? Not because I thought I was superior, but because I was plainly apart. How exactly was I meant to be judged by my peers when no one else occupied anything like my perspective?

Later, when I encountered the concept of fundamental attribution bias, it felt less like a revelation and more like confirmation. A peer-based system assumes not just similarity of circumstance, but similarity of interpretation. That assumption was dead on arrival.

Then there were reasonable persons. I was assured they existed. I was assured judges were trained to embody them. I had never met one. Even as a teenager, I found the idea faintly comical. Judges, I was told, were neutral, apolitical, and dispassionate. Writing this now from the United States, one hardly needs to belabour the point. But this wasn’t prescience. It was intuition. The smell test failed decades ago.

Before LIH had a name, I called these things weasel words. I still do, as a kind of shorthand. Terms like fair, reasonable, accountable, appropriate. Squishy concepts that do serious institutional work whilst remaining conveniently undefinable. Whether one wants to label them Contestables or Fluids is less important than recognising the space they occupy.

That space sits between Invariables, things you can point to without dispute, and Ineffables, where language more or less gives up. Communication isn’t binary. It isn’t ‘works’ or ‘doesn’t’. It’s a gradient. A continuous curve from near-certainty to near-failure.

Most communication models quietly assume a shared ontology. If misunderstanding occurs, the remedy is more explanation, more context, more education. What never sat right with me, even as a child, was that this only works when the disagreement is superficial. The breaking point is ontological.

If one person believes a term means {A, B, C} and another believes it means {B, C, D}, the overlap creates a dangerous illusion of agreement. The disagreement hides in the margins. A and D don’t merely differ. They are often irreconcilable.

Image: Venn diagramme of a contested concept.
Note: This is illustrative and not to scale

Fairness is a reliable example. One person believes fairness demands punishment, including retributive measures. Another believes fairness permits restoration but rejects retribution, citing circumstance, history, or harm minimisation. Both invoke fairness sincerely. The shared language conceals the conflict.

When such disputes reach court, they are not resolved by semantic reconciliation. They are resolved by authority. Power steps in where meaning cannot. This is just one illustration. There are many.

I thought it worth sharing how LIH came about, if only to dispel the notion that it’s a fashionable response to contemporary politics. It isn’t. It’s the slow crystallisation of a long-standing intuition: that many of our most cherished concepts don’t fail because we misuse them, but because they were never capable of doing the work we assigned to them.

More to come.

Justice as a House of Cards

4–6 minutes

How retribution stays upright by not being examined

There is a persistent belief that our hardest disagreements are merely technical. If we could stop posturing, define our terms, and agree on the facts, consensus would emerge. This belief survives because it works extremely well for birds and tables.

It fails spectacularly for justice.

Audio: NotebookLM summary podcast of this topic.

The Language Insufficiency Hypothesis (LIH) isn’t especially interested in whether people disagree. It’s interested in how disagreement behaves under clarification. With concrete terms, clarification narrows reference. With contested ones, it often fractures it. The more you specify, the more ontologies appear.

Justice is the canonical case.

Retributive justice is often presented as the sober, adult conclusion. Not emotional. Not ideological. Just what must be done. In practice, it is a delicately balanced structure built out of other delicately balanced structures. Pull one term away and people grow uneasy. Pull a second and you’re accused of moral relativism. Pull a third and someone mentions cavemen.

Let’s do some light demolition. I created a set of 17 Magic: The Gathering-themed cards to illustrate various concepts. Below are a few. A few more may appear over time.

Card One: Choice

Image: MTG: Choice – Enchantment

The argument begins innocently enough:

They chose to do it.

But “choice” here is not an empirical description. It’s a stipulation. It doesn’t mean “a decision occurred in a nervous system under constraints.” It means a metaphysically clean fork in the road. Free of coercion, history, wiring, luck, trauma, incentives, or context.

That kind of choice is not discovered. It is assumed.

Pointing out that choices are shaped, bounded, and path-dependent does not refine the term. It destabilises it. Because if choice isn’t clean, then something else must do the moral work.

Enter the next card.

Card Two: Agency

Image: MTG: Agency – Creature – Illusion

Agency is wheeled in to stabilise choice. We are reassured that humans are agents in a morally relevant sense, and therefore choice “counts”.

Counts for what, exactly, is rarely specified.

Under scrutiny, “agency” quietly oscillates between three incompatible roles:

  • a descriptive claim: humans initiate actions
  • a normative claim: humans may be blamed
  • a metaphysical claim: humans are the right kind of cause

These are not the same thing. Treating them as interchangeable is not philosophical rigour. It’s semantic laundering.

But agency is emotionally expensive to question, so the discussion moves on briskly.

Card Three: Responsibility

Image: MTG: Responsibility – Enchantment – Curse

Responsibility is where the emotional payload arrives.

To say someone is “responsible” sounds administrative, even boring. In practice, it’s a moral verdict wearing a clipboard.

Watch the slide:

  • causal responsibility
  • role responsibility
  • moral responsibility
  • legal responsibility

One word. Almost no shared criteria.

By the time punishment enters the picture, “responsibility” has quietly become something else entirely: the moral right to retaliate without guilt.

At which point someone will say the magic word.

Card Four: Desert

Image: MTG: Desert – Instant

Desert is the most mystical card in the deck.

Nothing observable changes when someone “deserves” punishment. No new facts appear. No mechanism activates. What happens instead is that a moral permission slip is issued.

Desert is not found in the world. It is declared.

And it only works if you already accept a very particular ontology:

  • robust agency
  • contra-causal choice
  • a universe in which moral bookkeeping makes sense

Remove any one of these and desert collapses into what it always was: a story we tell to make anger feel principled.

Which brings us, finally, to the banner term.

Card Five: Justice

Image: MTG: Justice – Enchantment

At this point, justice is invoked as if it were an independent standard hovering serenely above the wreckage.

It isn’t.

“Justice” here does not resolve disagreement. It names it.

Retributive justice and consequentialist justice are not rival policies. They are rival ontologies. One presumes moral balance sheets attached to persons. The other presumes systems, incentives, prevention, and harm minimisation.

Both use the word justice.

That is not convergence. That is polysemy with a body count.

Why clarification fails here

This is where LIH earns its keep.

With invariants, adding detail narrows meaning. With terms like justice, choice, responsibility, or desert, adding detail exposes incompatible background assumptions. The disagreement does not shrink. It bifurcates.

This is why calls to “focus on the facts” miss the point. Facts do not adjudicate between ontologies. They merely instantiate them. If agency itself is suspect, arguments for retribution do not fail empirically. They fail upstream. They become non sequiturs.

This is also why Marx remains unforgivable to some.
“From each according to his ability, to each according to his need” isn’t a policy tweak. It presupposes a different moral universe. No amount of clarification will make it palatable to someone operating in a merit-desert ontology.

The uncomfortable conclusion

The problem is not that we use contested terms. We cannot avoid them.

The problem is assuming they behave like tables.

Retributive justice survives not because it is inevitable, but because its supporting terms are treated as settled when they are anything but. Each card looks sturdy in isolation. Together, they form a structure that only stands if you agree not to pull too hard.

LIH doesn’t tell you which ontology to adopt.

It tells you why the argument never ends.

And why, if someone insists the issue is “just semantic”, they’re either confused—or holding the deck.

What the LIH Is Not About (And Why This Still Needs Saying)

3–5 minutes

As the publication date of A Language Insufficiency Hypothesis (LIH) draws nearer, I feel it’s a good time to promote it (obviously) and to introduce some of the problems it uncovers – including common misperceptions I’ve already heard. Through this feedback, I now understand some of the underlying structural limitations that I hadn’t considered, but this only strengthens my position. As I state at the start of the book, the LIH isn’t a cast-in-stone artefact. Other discoveries will inevitably be made. For now, consider it a way to think about the deficiencies of language, around which remediation strategies can be developed.

Audio: NotebookLM summary podcast of this content.

Let’s clear the undergrowth first. The Language Insufficiency Hypothesis is not concerned with everyday ambiguity, garden-variety polysemy, or the sort of misunderstandings that vanish the moment someone bothers to supply five seconds of context. That terrain is already well-mapped, thoroughly fenced, and frankly dull.

Take the classic sort of example wheeled out whenever someone wants to sound clever without doing much work:

Video: a woman making a large basket

If you’re a basketweaver, you picture an absurdly large basket and quietly question the maker’s life choices. If you’re watching basketball, you hear ‘score’. If you’re anywhere near the context in which the sentence was uttered, the meaning is obvious. If it isn’t, the repair cost is trivial. Add context, move on, live your life.

Language did not fail here. It merely waited for its coat. This is not the sort of thing the LIH loses sleep over.

The Groucho Marx Defence, or: Syntax Is Not the Problem

Logicians and armchair philosophers love to reach for jokes like Groucho Marx’s immortal line:

Video: A man and elephant in pyjamas (no sound)

Yes, very funny. Yes, the sentence allows for a syntactic misreading. No, nobody actually believes the elephant was lounging about in striped silk. The humour works precisely because the “wrong” parse is momentarily entertained and instantly rejected.

Again, language is not insufficient here. It’s mischievous. There’s a difference.

If the LIH were worried about this sort of thing, its ambitions would be indistinguishable from an undergraduate logic textbook with better branding.

Banks, Rivers, and the Myth of Constant Confusion

Likewise, when someone in a city says, ‘I went to the bank’, no sane listener imagines them strolling along a riverbank, unless they are already knee-deep in pastoral fantasy or French tourism brochures. Context does the heavy lifting. It almost always does.

Video: Rare footage of me trying to withdraw funds at my bank (no sound)

This is not a crisis of meaning. This is language functioning exactly as advertised.

Where the Trouble Actually Starts: Contestables

The LIH begins where these tidy examples stop being helpful. It concerns itself with Contestables: terms like truth, freedom, justice, fairness, harm, equality. Words that look stable, behave politely in sentences, and then detonate the moment you ask two people what they actually mean by them. These are not ambiguous in the casual sense. They are structurally contested.

In political, moral, and cultural contexts, different groups use the same word to gesture at fundamentally incompatible conceptual frameworks, all while assuming a shared understanding that does not exist. The conversation proceeds as if there were common ground, when in fact there is only overlap in spelling.

That’s why attempts to ‘define’ these terms so often collapse into accusation:

That’s not what freedom means.
That’s not real justice.
You’re redefining truth.

No, the definitions were never shared in the first place. The disagreement was smuggled in with the noun.

‘Just Ignore the Word’ Is Not a Rescue

A common response at this point is to suggest that we simply bypass the troublesome term and discuss the concrete features each party associates with it. Fine. Sensible. Often productive. But notice what this manoeuvre concedes. It does not save the term. It abandons it.

If meaningful discussion can only proceed once the word is set aside and replaced with a list of clarifications, constraints, examples, and exclusions, then the word has already failed at its primary job: conveying shared meaning. This is precisely the point the LIH is making.

The insufficiency is not that language is vague, or flexible, or context-sensitive. It’s that beyond a certain level of conceptual complexity, language becomes a confidence trick. It gives us the feeling of agreement without the substance, the appearance of communication without the transaction.

At that point, words don’t merely underperform. They mislead.

Proof: Language Insufficiency Hypothesis

1–2 minutes

It’s finally arrived, and now I have to review it.

I’ve published books before. In fact, this one is number nine – cue the Beatles’ White Album. I was nervous as I released my first fiction as Ridley Park, and I released three more before I released my first nonfiction as myself. But this one means the most to me.

Audio: NotebookLM summary podcast of this content – sort of.

I am well aware that artists tend to say that about each piece of work as it is born into the world, but this one actually started before any of the other ones. About a year ago, it had twice as many pages, and I’ve been whittling it down to 132 pages. At the same time, I am trying to cut the fat, new meat appears, and I have to decide how to treat it. In this social media world, I can instantiate some of it through this lens. At some point, I may publish a second edition. I may even produce a version that incorporates several of my ideas with connective tissue.

My near-term goal is to review this page-by-page for mistakes – misstatements – and to see how it lays out on the page. Obviously, I produce my work on a computer – a PC. I tend to write in Microsoft Word and format in InDesign. I output to PDF, as required by printers. Although I print pages for review, there is still something different about a physical, bound book. I’ve even printed it in a folded booklet style, which gets mostly there, but it’s still deficient.

This is an announcement, not a promotion. I’m not trying to pad out an entry, but I wanted to share. I’ll end here.

A Family of Lenses: LIH, MEOW, and Disagreement Without Referees

My Language Insufficiency Hypothesis is finished, the cover is designed, and everything is in order for a January 2026 release – save for one administrative detail: the ISBN. I expect this to be resolved presently. The Bowker distribution system in the US appears to have been set up circa 1997, and that’s just the web interface. Who knows how long the database has been in place? I’d bet circa 1955. Most countries provide ISBNs for free. Not the US. Kinda bollox. Meantime, I’ve now got three lenses through which to inspect the world.

[EDIT: ISBN issue has been resolved. I am awaiting a proof copy that should be arriving today.]

From the outside, some of my recent work can look untidy. A hypothesis about language. An ontology about mediated encounters. A paper on why moral disagreement refuses to resolve itself politely. No master theory. No clean ladder. No promised synthesis at the end. This is not an accident. It is a refusal.

What links the Language Insufficiency Hypothesis (LIH), the Mediated Encounter Ontology of the World (MEOW), and Disagreement Without Referees is not a shared doctrine, but a shared function. They are lenses, not foundations. Diagnostics, not blueprints. Each takes aim at a different site where Enlightenment habits quietly overpromise – meaning, access, adjudication – and shows what breaks when we stop pretending those promises were ever cashable. They form a family. Not a system. And certainly not a programme for rebuilding.

Three Lenses, Three Failure Sites

Each of these frameworks operates at a different level, but they all do the same kind of work: they explain why something we rely on feels indispensable, fails repeatedly, and yet stubbornly survives.

LIH operates at the linguistic level.

It asks why language fails precisely where we expect it to secure clarity, precision, or consensus. Its answer is unromantic: language is not uniformly capable. As we move from invariants to contestables to fluids and ineffables, its representational power degrades. The failure mode is familiar: we mistake grammatical stability for ontological stability, and then act surprised when disagreement hardens rather than dissolves.

MEOW operates at the ontological level.

It asks what kind of ‘world’ we are actually dealing with once we abandon the fantasy of unmediated access. There is no clean mind–world interface, no privileged vantage point. Every encounter is mediated – biologically, cognitively, linguistically, socially. Realism and idealism alike fail here, each clinging to a different myth of access. What remains is not scepticism, but constraint.

Disagreement Without Referees operates at the normative and political level.

It asks why moral and political disagreement persists even when all parties appear informed, sincere, and articulate. The answer is ontological incommensurability. Where frameworks do not overlap, there are no neutral referees. Argument does not converge because it cannot. What remains is persuasion, coalition, power, and consequence—moral life without an umpire.

None of these lenses replaces what it critiques. Each refuses the repair instinct that says: if we just fix the model, the system will work again. That instinct is the pathology.

What They Share (And What They Don’t)

What unites these lenses is not a set of positive claims about how the world really is. It is a shared posture:

  • no privileged access
  • no neutral ground
  • no final adjudication
  • no redemptive synthesis

But also:

  • no quietism
  • no nihilism
  • no ‘anything goes’
  • no abdication of responsibility

They do not tell you what to believe. They tell you why believing harder won’t save you.

Importantly, they are non-hierarchical. LIH does not ground MEOW. MEOW does not explain away disagreement. Disagreement does not ‘apply’ LIH in some linear fashion. They intersect. They overlap. They illuminate different failure modes of the same inherited fantasy: that there must be a place where things finally settle. There isn’t.

Image: Three Diagnostic Lenses Infographic¹

Why This Is Not a System

Systems promise closure. These lenses do not. They explain why closure is repeatedly promised, urgently demanded, and reliably missed. To systematise them would be to betray them.

What they offer instead is a kind of intellectual hygiene: a way of recognising when we are asking language, reality, or morality to do work they were never capable of doing – and then blaming one another when they don’t comply.

If there is a unifying thread, it is this: the demand for foundations is itself the problem.² These lenses do not solve that problem. They show you where it operates, how it reproduces itself, and why refusing it feels so uncomfortable. That discomfort is the point.


Footnotes

  1. This is another NotebookLM infographic – my second. It’s not half-bad. I had to adjust some elements in Photoshop and Illustrator, and there are still textual anomalies, but all in all, I’m impressed with what 60 seconds of generation yielded – along with a 5-minute prompt and 15 minutes of touchup. It’s just a novelty for now – certainly not necessary. What do you think?
  2. See Dis–Integrationism for a fuller accounting.

Meet the Language Insufficiency GPT

1–2 minutes

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

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

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

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

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

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

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

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

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

Cheers.

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

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

How Not to Interpret MEOW GPT

3–4 minutes

A NotebookLM Cautionary Tale for the Philosophically Curious

Every so often, the universe gives you a gift. Not the good kind, like an unexpected bottle of Shiraz, but the other kind – the ‘teachable moment’ wrapped in a small tragedy. In this case, a perfectly innocent run of MEOW GPT (my Mediated Encounter Ontology engine) was fed into NotebookLM to generate a pseudo-podcast. And NotebookLM, bless its little algorithmic heart, proceeded to demonstrate every classic mistake people make when confronting a relational ontology.

Audio: The misinterpretation of MEOW GPT: On Progress by NotebookLM that spawned this post.

It’s perfect. I couldn’t have scripted a better example of How Not To Read MEOW GPT if I’d hired a team of Enlightenment rationalists on retainer.

So consider this your public service announcement – and a guide for anyone experimenting with MEOW GPT at home, preferably while sitting down and not holding onto any cherished metaphysical delusions.

Video: Surreal Light through a Prism Clip for no particular reason (No sound)

Mistake 1: Treating a Thick Concept as a Single Glorious Thing

NotebookLM began, earnestly, by trying to uncover the ‘inner architecture of honour’, as if it were a cathedral with blueprints lying around.

This is the central error:

There are only patterns – drifting, contested, historically mangled patterns – that happen to share a word. If you start with ‘What is honour?’, you’ve already fallen down the stairs.

Mistake 2: Rebuilding Essence From the T0–T3 Layers

MEOW GPT gives you biological (T0), cognitive (T1), linguistic (T2), and institutional/technical (T3) mediation because that’s how constraints emerge. NotebookLM, meanwhile, reconstructed these as ‘layers’ of the same virtue – like honour was a three-storey moral townhouse with a loft conversion.

No. The tiers are co-emergent constraints, not components of a moral particle.
If your conclusion looks like a metaphysical onion, you’ve misread the recipe.

Mistake 3: Sneaking Virtue Ethics in Through the Fire Exit

NotebookLM kept returning to:

  • an ‘internal compass’
  • a ‘core record of the self’
  • a ‘lifelong ledger’
  • a ‘deep personal architecture’

At this point we might as well carve Aristotle’s name into the hull.

MEOW’s stance is simple: the self is not a marble statue – it’s an ongoing social, cognitive, and technical scandal. Treating honour as a personality trait is just the old moral ontology with a new hairstyle.

Mistake 4: Treating Polysemy as Noise, Not Evidence

NotebookLM acknowledged the differing uses of ‘honour’, but always with the implication that beneath the variations lies one pure moral essence. This is backwards. The ambiguity is the point. The polysemy isn’t messy data; it’s the signature of conceptual drift.

If you treat ambiguity as a problem to be ironed out, you’ve missed half the LIH and all of the MEOW.

Mistake 5: Turning MEOW Into a TED Talk

The podcast tried to wrap things up by contrasting honour’s “deep internal permanence” with the ephemerality of digital rating systems.

It’s cute, but it’s still modernist comfort-food. MEOW does not mourn for the ‘permanent self’. It doesn’t recognise such a creature. And digital honour doesn’t ‘replace’ the old patterns; it aggressively rewrites the honour-economy into algorithmic form. If your conclusion sounds like ‘ancient virtue meets modern technology’, that’s TED, not MEOW.

So How Should You Interpret MEOW GPT?

A short cheat-sheet for anyone experimenting at home:

  1. There is no essence.
    Concepts like honour, truth, integrity, and justice are drift-patterns, not objects.
  2. The tiers describe mediation, not ingredients.
    They’re co-emergent pressures, not building blocks.
  3. Thick terms lie to you.
    Their apparent unity is linguistic camouflage.
  4. Ambiguity is structural.
    If the term looks fuzzy, that’s because the world is fuzzy there.
  5. If a concept feels granite-solid, you’re standing on conceptual quicksand.
    (Sorry.)

A Friendly Warning Label

Warning:
If you believe thick moral concepts have single, universal meanings, MEOW GPT may cause temporary metaphysical discomfort.
Consult your ontological physician if symptoms persist.