The Trouble with Facts

5–8 minutes

One Motor Vehicle

What we call facts are not discoveries of an unfiltered world. They are the end-products of mediation.

Let’s walk through an example.

Image: Autosmash example. An observer arrives with experience – from genetic predisposition to childhood trauma to winning the lottery. Whatever it might be. Of course, they have many cognitive deficits, biases and filters. Then, there’s the immediate problem of attention. When did they notice the event? Did they turn to look after hearing the noise, or were they meditating on the tree in that moment?

Apparently, a motor vehicle has collided with a tree. Trees are immobile objects, so we can safely rule out the tree colliding with the car.*

So what, exactly, are the facts?

Audio: NotebookLM summary podcast of this topic.

Ontology (the boring bit)

Ontologically, something happened.

A car struck a tree.
Metal deformed.
Momentum stopped.

Reality did not hesitate. It did not consult witnesses. It did not await interpretation.

This is the part Modernity likes to gesture at reverently before immediately leaving it behind.

Image: Requisite NotebookLM infographic on this content.

The Witness

Even the driver does not enjoy privileged access to “what really happened”.

They get:

  • proprioceptive shock
  • adrenaline distortion
  • attentional narrowing
  • selective memory
  • post hoc rationalisation
  • possibly a concussion

Which is already several layers deep before language even arrives to finish the job.

We can generalise the structure:

Ontology: events occur. States of affairs obtain. Something happens whether or not we notice.

Epistemology: observation is always filtered through instruments, concepts, language, habits, and incentives.

Modern sleight of hand: collapse the second into the first and call the result the facts.

People love the phrase “hard facts”, as if hardness transfers from objects to propositions by osmosis. It doesn’t. The tree is solid. The fact is not.

Facts are artefacts. They are assembled from observation, inference, convention, and agreement. They function. They do not reveal essence.

Filtration

An event occurred. A car struck a tree.

Then an observer arrives. But observers never arrive empty-handed.

They arrive with history: genetics, upbringing, trauma, habits, expectations, incentives. They arrive already filtered.

Daniel Kahneman, Olivier Sibony, and Cass Sunstein spend an entire book explaining just how unreliable this process is. See Noise: A Flaw in Human Judgment if you want the empirical receipts.

  • Even before bias enters, attention does.
  • When did the observer notice the crash?
  • At the sound? At the sight? After the fact?
  • Were they already looking, or did the noise interrupt something else entirely?

Reality happens once. Facts happen many times, differently, depending on who needs them and why.

Here Comes the Law

This is where the legal system enters, not because truth has been found, but because closure is required.

Courts do not discover facts. They designate versions of events that are good enough to carry consequences. They halt the cascade of interpretations by institutional force and call the result justice.

At every epistemic level, what we assert are interpretations of fact, never access to ontological essence.

Intent, negligence, recklessness. These are not observations. They are attributions. They are stopping rules that allow systems to function despite uncertainty.

The law does not ask what really happened.
It asks which story is actionable.

Two Motor Vehicles

Now add a second moving object.

Another car enters the frame, and with it an entire moral universe.

Suddenly, the event is no longer merely physical. It becomes relational. Agency proliferates. Narratives metastasise.

Who was speeding?
Who had the right of way?
Who saw whom first?
Who should have anticipated whom?

Intent and motive rush in to fill the explanatory vacuum, despite remaining just as unobservable as before.

Nothing about the ontology improved.
Everything about the storytelling did.

Where the tree refused intention, the second vehicle invites it. We begin inferring states of mind from trajectories, attributing beliefs from brake lights, extracting motives from milliseconds of motion.

But none of this is observed.

What we observe are:

  • vehicle positions after the fact,
  • damage patterns,
  • skid marks,
  • witness statements already filtered through shock and expectation.

From these traces, we construct mental interiors.

The driver “intended” to turn.
The other driver “failed” to anticipate.
Someone was “reckless”.
Someone else was merely “unlucky”.

These are not facts. They are interpretive assignments, layered atop already mediated observations, selected because they allow responsibility to be distributed in socially recognisable ways.

This is why explanation now fractures.

One cascade of whys produces a story about distraction or poor judgment.
Another produces a story about road design or visibility.
Another about timing, traffic flow, or urban planning.

Each narrative is plausible.
Each is evidence-constrained.
None is ontologically privileged.

Yet one will be chosen.

Not because it is truer, but because it is actionable.

The presence of a second vehicle does not clarify causation. It merely increases the number of places we are willing to stop asking questions.

Modernity mistakes this proliferation of narrative for epistemic progress. In reality, it is moral bookkeeping.

The crash still occurred.
Metal still deformed.
Momentum still stopped.

What changed was not access to truth, but the urgency to assign fault.

With one vehicle and a tree, facts already fail to arrive unmediated.
With two vehicles, mediation becomes the point.

And still, we insist on calling the result the facts.

Many Vehicles, Cameras, and Experts

At this point, Modernity regains confidence.

Add more vehicles.
Add traffic cameras.
Add dashcams, CCTV, bodycams.
Add accident reconstruction experts, engineers, psychologists, statisticians.

Surely now we are approaching the facts.

But nothing fundamental has changed. We have not escaped mediation. We have merely scaled it up and professionalised it.

Cameras do not record reality. They record:

  • a frame,
  • from a position,
  • at a sampling rate,
  • with compression,
  • under lighting conditions,
  • interpreted later by someone with a mandate.

Video feels decisive because it is vivid, not because it is ontologically transparent. It freezes perspective and mistakes that freeze for truth. Slow motion, zoom, annotation. Each step adds clarity and distance at the same time.

Experts do not access essence either. They perform disciplined abduction.

From angles, debris fields, timing estimates, and damage profiles, they infer plausible sequences. They do not recover the event. They model it. Their authority lies not in proximity to reality, but in institutional trust and methodological constraint.

More data does not collapse interpretation.
It multiplies it.

With enough footage, we don’t get the story. We get competing reconstructions, each internally coherent, each technically defensible, each aligned to a different question:

  • Who is legally liable?
  • Who is financially responsible?
  • Who violated policy?
  • Who can be blamed without destabilising the system?

At some point, someone declares the evidence “clear”.

What they mean is: we have enough material to stop arguing.

This is the final Modern illusion: that accumulation converges on essence. In reality, accumulation converges on closure.

The event remains what it always was: inaccessible except through traces.
The facts become thicker, more confident, more footnoted.
Their metaphysical status does not improve.

Reality happened once. It left debris. We organised the debris into narratives that could survive institutions.

Cameras didn’t reveal the truth. Experts didn’t extract it. They helped us agree on which interpretation would count.

And agreement, however necessary, has never been the same thing as access to what is.

* I was once driving in a storm, and a telephone pole fell about a metre in front of my vehicle. My car drove over the pole, and although I was able to drive the remainder of the way home, my suspension and undercarriage were worse for the wear and tear.

Qualified Subjectivism

4–7 minutes

I Am a Qualified Subjectivist. No, That Does Not Mean ‘Anything Goes’.

Make no mistake: I am a subjectivist. A qualified one. Not that kind of qualified – the qualification matters, but it’s rarely the part anyone listens to.

Image: Not that kind…

Here is the unglamorous starting point: all human encounters with the world are mediated. There is no raw feed. No unfiltered access. No metaphysical lead running directly from ‘reality’ into the human mind. Every encounter is processed through bodies, nervous systems, cultures, languages, technologies, institutions, and histories.

Audio: NotebookLM summary podcast of this content – See addendum below.

Whilst I discuss the specific architecture of this mediation at length in this preprint, here I will keep it simple.

If you are human, you do not encounter reality as such. You encounter it as processed. This is not controversial. What is controversial is admitting the obvious consequence: the subject is the final arbiter.

Image: NotebookLM Infographic of Qualified Subjectivism

The Subject Is the Final Arbiter

Every account of truth, reality, meaning, value, or fact is ultimately adjudicated by a subject. Not because subjects are sovereign gods, but because there is literally no other place adjudication can occur.

Who, exactly, do critics imagine is doing the adjudicating instead? A neutral tribunal floating outside experience? A cosmic referee with a clipboard? A universal consciousness we all forgot to log into?

This does not mean that truth is ‘whatever I feel like’. It means that truth-claims only ever arrive through a subject, even when they are heavily constrained by the world. And constraint matters. Reality pushes back. Environments resist. Bodies fail. Gravity does not care about your personal narrative.

Why This Is Not Solipsism

Solipsism says: only my mind exists. That is not my claim. My claim is almost boring by comparison: subjects are situated, not sovereign.

We are shaped by environments we did not choose and histories we did not write. Mediation does not eliminate reality; it is how reality arrives. Your beliefs are not free-floating inventions; they are formed under biological, social, and material pressure. Two people can be exposed to the same event and encounter it differently because the encounter is not the event itself – it is the event as mediated through a particular orientation.

Why Objectivity Keeps Sneaking Back In

At this point, someone usually says: ‘But surely some things are objectively true.’

Yes. And those truths are still encountered subjectively. The mistake is thinking that objectivity requires a ‘view from nowhere’. It doesn’t. It requires stability across mediations, not the elimination of mediation altogether. We treat some claims as objective because they hold up under variation, while others fracture immediately. But in all cases, the encounter still happens somewhere, to someone.

The Real Source of the Panic

The real anxiety here is not philosophical. It’s moral and political. People are terrified that if we give up the fantasy of unmediated access to universal truth, then legitimacy collapses and ‘anything goes’.

This is a category error born of wishful thinking. What actually collapses is the hope that semantic convergence is guaranteed. Once you accept that mediation is unavoidable, you are forced to confront a harder reality: disagreement is often structural, not corrigible. Language does not fail because nothing is true. Language fails because too much is true, incompatibly.

So Yes, I Am a Qualified Subjectivist

Interpretation only ever occurs through subjects. Subjects are always mediated. Mediation is always constrained. And constraint does not guarantee convergence.

That is the position. It is not radical, fashionable, or comforting. It is simply what remains once you stop pretending there is a god’s-eye view quietly underwriting your arguments. Discomfort is simply a reliable indicator that a fantasy has been disturbed.

Audio: NotebookLM summary of this Geworfenheit addendum

If all this sounds suspiciously familiar, that’s because it is. Heidegger had a word for it: Geworfenheit – usually translated as thrownness.

The idea is simple, and deeply irritating to anyone still hoping for a clean start. You do not enter the world as a neutral observer. You are thrown into it: into a body, a language, a culture, a history, a set of institutions, a moment you did not choose. You do not begin from nowhere and then acquire a perspective. You begin already situated, already oriented, already implicated.

This is not a poetic flourish. It is a structural claim about human existence.

Image: Another NotebookLM infographic for the fun of it.

What my qualified subjectivism insists on – without Heidegger’s ontological theatre – is the same basic constraint: there is no view from nowhere because there is no nowhere to stand. The subject does not float above mediation; the subject is constituted by it. Thrownness is not an accident to be corrected by better theory. It is the condition under which any theorising occurs at all.

Seen this way, the demand for pure objectivity starts to look less like a philosophical ideal and more like nostalgia for an impossible innocence. A wish to rewind existence to a point before bodies, languages, power, and history got involved. That point never existed.

Geworfenheit matters here because it dissolves the caricature that subjectivism is about arbitrary choice. Being thrown is the opposite of choosing freely. It is constraint before reflection. Orientation before argument. Salience before reasons. You do not decide what matters from a neutral menu; what matters shows up already weighted, already charged, already resistant.

This is why appeals to “just be objective” always ring hollow. Objectivity does not mean escaping thrownness. It means achieving relative stability within it. Some claims hold across many thrown positions. Others fracture immediately. That distinction matters. But none of it happens outside mediation.

So when I say the subject is the final arbiter, I am not crowning the subject king of reality. I am pointing out the obvious: adjudication happens somewhere, to someone, from within a situation they did not author. Thrownness guarantees that there is no cosmic referee waiting to overrule the encounter.

If that makes you uncomfortable, good. It should. Discomfort is often just the sensation of a fantasy losing its grip.