“We Hold These Truths”: An Annotated Failure

9–13 minutes

On Self-Evidence, Personhood, and the Administrative Nature of Rights

The following sentence is among the most quoted in political history and among the least examined. It is invoked as moral bedrock, taught as civic catechism, and insulated from scrutiny by a reverence that mistakes repetition for comprehension. It is rarely read closely, and rarely read sceptically.

Audio: NotebookLM summary podcast of this topic.

What follows is not a rebuttal. It is an annotation.

Most readers will recognise this as the opening of the Declaration of Independence by the United States of America. Recognition, however, is not comprehension. The sentence survives on familiarity. Once that familiarity is set aside, it begins to fail clause by clause.

I. A Best Case, Briefly

A more charitable reading deserves brief consideration. ‘Self-evident’, in the intellectual context of the eighteenth century, did not mean obvious in the sense of requiring no reflection. It referred instead to propositions taken as axiomatic: not inferred from prior premises, but serving as starting points for reasoning. On this view, influenced by Scottish Common Sense philosophy, the claim is not that these truths are psychologically irresistible, but that they are rationally basic.

Likewise, ‘we hold’ need not be read as an admission of arbitrariness. It may be understood as a public avowal: a political body formally affirming what reason is said to disclose, rather than grounding those truths in the act of holding itself. Read this way, the sentence does not collapse into mere opinion.

Finally, the Declaration is often understood as performative rather than descriptive.[1] It does not merely state political facts; it brings a political subject into being. The ‘we’ is constituted in the act of declaration, and the language functions as a founding gesture rather than a philosophical proof.

Even on this charitable reading, however, the appeal to rational self-evidence presupposes capacities that were unevenly distributed at best. The Enlightenment notion of ‘reason’ was never a raw human faculty equally available to all. It depended on literacy, education, leisure, and institutional participation—conditions enjoyed by a narrow segment of the population.

In the late eighteenth century, large portions of the population were functionally illiterate. The ability to engage abstract political principles, to treat propositions as axiomatic starting points for reasoning, was not merely rare but socially restricted. The universal address of the sentence thus rests on a practical contradiction: it invokes a form of rational accessibility that its own social conditions actively prevented.

Nor is this merely a historical observation. Whilst formal literacy has expanded, the distribution of the capacities required for sustained abstract reasoning remains sharply constrained. What has changed is scale, not structure. Appeals to ‘self-evident’ political truths still presuppose forms of cognitive access that cannot be assumed, even now.

There is an important distinction here between innocent misreading and bad-faith translation. A modern reader who takes ‘self-evident’ to mean what it now ordinarily means is not at fault; semantic drift makes this nearly unavoidable. But to continue reading the sentence this way once its historical and philosophical context is understood is no longer an error. It is a decision.

Under the principle of least effort, claims that present themselves as ‘self-evident’ are maximally efficient. They require no sustained attention, no conceptual labour, and no challenge to inherited categories. For individuals ill-equipped – by education, time, or institutional support – to interrogate abstract political claims, such language is not merely persuasive; it is relieving.

To accept a proposition as self-evident is to be spared the burden of understanding how it works. The sentence can be consumed whole, in a single uncritical gulp. What is swallowed is not an argument, but a posture: assent without inquiry, agreement without comprehension.

This is not a personal failing. It is the predictable outcome of a cognitive environment in which complexity is costly, and authority is familiar. ‘Self-evidence’ functions here as a labour-saving device, converting political commitments into ready-made certainties. The capacity to recognise self-evident truths thus functions as an unmarked prerequisite for political subjecthood – a gatekeeping mechanism that precedes and enables the more explicit exclusions to come.

With this in mind, the sentence can be examined clause by clause – not as philosophical proposition, but as rhetorical machinery.

II. An Annotated Deconstruction

To whom does this ‘we’ apply? Who is included in this collective voice, and who is not? More importantly, what does it mean to hold something that is allegedly self-evident?

Holding is an act of maintenance. It implies agreement, reinforcement, repetition. Beliefs must be held; axioms must be held; norms must be held. Self-evidence, by contrast, is supposed to require none of this. If a truth is genuinely self-evident, it does not need to be held at all. It simply imposes itself.

The opening clause announces immediacy whilst confessing mediation. This is not a subtle tension. It is an outright contradiction. The sentence begins by undermining its own epistemic posture. The axiomatic framing does not eliminate contestability; it displaces it. What is presented as rational starting point functions, in practice, as rhetorical closure.

What kind of truths are being held here?

The word does far too much work whilst remaining resolutely undefined. These are not empirical truths. They are not logical truths. They are not even clearly moral truths in the narrow sense. Instead, the term oscillates between epistemic certainty, moral assertion, and political aspiration, sliding between categories without ever settling long enough to be examined.

The pluralisation matters. By multiplying ‘truths’ whilst leaving their nature unspecified, the sentence creates an aura of obviousness without committing to a standard of justification. Disagreement is pre-empted not by argument, but by tone.

Unless one invokes something like Descartes’ cogito as a limiting case, nothing is genuinely self-evident. Even the cogito depends on language, conceptual inheritance, and a shared grammar of doubt. Self-evidence is not an epistemic given; it is an experiential effect produced by familiarity, stability, and low resistance.

Here, ‘self-evident’ functions as rhetorical closure masquerading as epistemology. It does not establish certainty; it enforces silence. To question what is ‘self-evident’ is to risk being cast as obtuse, perverse, or acting in bad faith. Inquiry is not answered. It is short-circuited.

This is not the inclusive ‘men’ of abstract mankind. It is a concrete, historically bounded category: adult males, and not coincidentally white ones. The exclusions are not implied later. They are operative here, at the point of entry.

This is the quietly active boundary of the entire sentence. Before any rights are named, before any equality is asserted, the scope of applicability has already been narrowed. The universal tone is achieved by selective admission.

Created by whom? And equal in what respect?

The notion of equality here is never specified, because specification would immediately expose contestation. Equal in capacity? In worth? In standing before the law? In outcome? In moral consideration? Readers are invited to supply their preferred interpretation retroactively, which is precisely what allows the sentence to endure.

Some have suggested that ‘equal’ means ‘equal under the law’, but this simply defers the problem. The law defines equality however it pleases, when it pleases, and for whom it pleases. Equality without a metric is not a claim. It is a metaphysical gesture.

It is often said that the Declaration’s universal language contained the seeds of its own expansion. That Douglass, King, and the suffragists appealed to it is taken as evidence of its latent emancipatory power. But this confuses rhetoric with causation. These advances were not the unfolding of a promise, but the result of sustained political pressure, moral confrontation, and material struggle. The language was repurposed because it was available and authoritative, not because it was prophetic.

To call this a ‘promissory note’ is to mistake a battlefield for a contract. Promises are kept by their authors. These were extracted by those excluded, often in direct opposition to the very institutions that sanctified the sentence.

The story also flatters the present. If the promise is always being fulfilled, it is never being broken. Yet the same language remains actively contested, narrowed, and rescinded. Personhood is still conditional. Rights still evaporate at borders, prisons, and classifications. The note, if it exists at all, is perpetually past due.

No one believes the drafters were referring to genetics or parentage. This capital-C Creator is a theological move, not a biological one. The sentence quietly abandons the pretence of self-evidence and imports divine authority as a grounding mechanism.

This is not incidental. By placing rights beyond human origin, the sentence renders them simultaneously unquestionable and unreachable. Legitimacy is outsourced to a source that cannot be interrogated. Appeals are closed by design.

Here the sentence delivers a double assertion. First, that rights exist independently of institutions. Second, that they cannot be taken away. Both claims fail on contact with history.

Rights are constructed, recognised, enforced, suspended, and withdrawn by institutions. Bentham saw this clearly: ‘natural rights’ function rhetorically to obscure the institutional conditions that alone make rights actionable.[2] And far from being inalienable, rights prove remarkably fragile. The record is unambiguous: rights track status, not humanity. The moment personhood is questioned, rights do not need to be violated. They simply cease to apply.

Under the Language Insufficiency Hypothesis – the framework treating key political terms as structurally underdetermined – these are textbook Contestables.[3] None are measurable. None have stable definitions. None come with clear thresholds or enforcement criteria.

‘Happiness’ is the most revealing substitution of all. Locke’s blunt ‘property’ at least named what was being protected.[4] ‘Happiness’ softens the promise whilst emptying it of content. It gestures toward flourishing whilst committing to nothing beyond tolerable participation.

Life, liberty, and happiness are curated abstractions, not guarantees – property in softer clothing.

III. Personhood as the Hidden Mechanism

Zooming out, the operational logic becomes clear. Rights depend on personhood.[5] Personhood is conferred, not discovered. Declaring non-personhood resolves the contradiction without ever touching the rhetoric.

This is the mechanism that allows a universal language to coexist with selective application. When personhood is withdrawn, rights are not violated. They are bypassed. Ethics never gets a hearing, because the subject has already been administratively erased.

To call this administrative is not metaphor. Personhood is assigned, reclassified, and revoked through documentation, categorisation, and procedural determination. The question of who counts is settled before any ethical consideration can begin.

IV. The Sentence as Prototype, Not Mistake

It is tempting to read this sentence as naïve, hypocritical, or aspirationally flawed. That would be a mistake. The sentence is not a failure of Enlightenment thinking. It is its prototype.

It was never meant to survive scrutiny. It was meant to mobilise, stabilise, and legitimise. Its vagueness is functional. Its incoherence is load-bearing. The sentence works precisely because it is conceptually promiscuous, rhetorically elevated, and operationally evasive. What looks like philosophical sloppiness is political engineering.

V. Why It Still Matters

This sentence is not an historical curiosity. It is the template for modern political language.

  1. Universal in tone.
  2. Conditional in application.
  3. Moral in rhetoric.
  4. Administrative in practice.

The future did not reveal the sentence to be false. It revealed what the sentence was for.


Footnotes

[1] J.L. Austin, How to Do Things with Words

[2] Jeremy Bentham, Anarchical Fallacies; Being an Examination of the Declarations of Rights Issued During the French Revolution

[3] See The Language Insufficiency Hypothesis for a full treatment of Contestables and their function in political discourse.

[4] John Locke, Two Treatises of Government

[5] Hannah Arendt, The Origins of Totalitarianism

NB: I wrote this as a polemic rather than in a manner suitable for a journal submission. I did not wish to expend the effort to understand counterarguments. This interpretation stands on its own. This said, in Section I. I still note some historical perspective that is somewhat important. It even illustrates semantic drift, which I cover in A Language Insufficiency Hypothesis.

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.