Reality Happens Once. Facts Happen Many Times.

I want to clarify my recent The Trouble with Facts post. I realise that I was speaking to one non-trivial form of facts, but there is more than one class of facts. We argue about facts as if the word named a single, stable thing. It doesn’t. It names a family of very different things, quietly grouped together by habit, convenience, and institutional need. Most disputes about facts go nowhere, not because one side is irrational, but because the word itself is doing covert work. We slide between meanings without noticing, then act surprised when disagreement follows. This piece is an attempt to slow that slide.

Audio: NotebookLM summary podcast of this topic.

Polysemy We Notice, Polysemy We Don’t

We are comfortable with ambiguity when it is obvious. A bank can be a financial institution or the edge of a river. A bat can be an animal or a piece of sports equipment. Context resolves these instantly. No one feels existentially threatened by the ambiguity.

Fact is different. The word is polysemous in a way that is both subtle and consequential. Its meanings sit close enough to bleed into one another, allowing certainty from one sense to be smuggled into another without detection. Calling something a fact does not merely describe it. It confers authority. It signals that questioning should stop. That is why this ambiguity matters.

Different Kinds of Facts

Before critiquing facts, we need to sort them.

1. Event-facts (brute, world-facing)
As mentioned previously, these concern what happens in the world, independent of observation.

  • A car collides with a tree.
  • Momentum changes.
  • Metal deforms.

These events occur whether or not anyone notices them. They are ontologically robust and epistemically inaccessible. No one ever encounters them directly. We only ever encounter traces.

2. Indexical or performative facts (trivial, self-reporting)
“I am typing.”

I am doing this now – those now may not be relevant when you read this. This is a fact, but a very thin one. Its authority comes from the coincidence of saying and doing. It requires no reconstruction, no inference, no institutional validation. These facts are easy because they do almost no work.

3. Retrospective personal facts (memory-mediated)
“I was typing.”

This may be relevant now, at least relative to the typing of this particular post. Still a fact, but weaker. Memory enters. Narrative compression enters. Selectivity enters. The same activity now carries a different epistemic status purely because time has passed.

4. Prospective statements (modal, not yet facts)
“I will be typing.”

This is not yet a fact. It may never come to be one. It is an intention or prediction that may or may not be realised. Future-tense claims are often treated as incipient facts, but this is a category error with real consequences.

5. Institutional facts (designated, procedural)
“The court finds…”
“The report concludes…”

These are facts by designation. They are not discovered so much as selected, formalised, and stabilised so that systems can act. They are unlikely to rise to the level of facts, so the legal system tends to generate facts in name only – FINO, if I am being cute.

All of these are called ‘facts’. They are not interchangeable. The trouble begins when certainty migrates illicitly from trivial or institutional facts into brute event-facts, and we pretend nothing happened in the transfer.

One Motor Vehicle

Reconsider the deliberately simple case: A motor vehicle collides with a tree. Trees are immobile, so we can rule out the tree colliding with the car.

Ontologically, something happened. Reality did not hesitate. But even here, no one has direct access to the event itself.

The driver does not enjoy privileged access. They experience shock, adrenaline, attentional narrowing, selective memory, post hoc rationalisation, perhaps a concussion. Already several layers intervene before language even arrives.

A rough schema looks like this:

event → sensory registration → cognitive framing → linguistic encoding → social validation

Ontology concerns what happens.
Epistemology concerns how anything becomes assertable.

Modern thinking collapses the second into the first and calls the result the facts.

People speak of “hard facts” as if hardness transfers from objects to propositions by proximity. It doesn’t. The tree is solid. The fact is an artefact assembled from observation, inference, convention, and agreement.

And so it goes…

Why the Confusion Persists

When someone responds, “But isn’t it a fact that I read this?”, the answer is yes. A different kind of fact.

The error lies not in affirming facts, but in failing to distinguish them. The word fact allows certainty to migrate across categories unnoticed, from trivial self-reports to brute world-events, and from institutional verdicts to metaphysical claims. That migration is doing the work.

Conclusion

Clarifying types of facts does not weaken truth. It prevents us from laundering certainty where it does not belong.

Facts exist. Events occur. But they do not arrive unmediated, innocent, or singular.

Reality happens once. Facts happen many times.

The mistake was never that facts are unreal. It was believing they were all the same kind of thing.

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 KahnemanOlivier 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.

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.

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.

Freedom and Resentment

I finally decided to read Peter Strawson’s essay, Freedom and Resentment, as it seems to be a somewhat seminal work. As the essay is part of a larger collection, Freedom and Resentment and Other Essays, I also read Strawson’s autobiography, which is interesting. I especially enjoyed the part where he had published a piece only to discover that it dovetailed with some of Frege’s work and was cast as the Frege-Strawson view despite him never having read Frege.

Although on a lesser scale, I feel this captures some of my circumstances where I feel I have some original thought only to discover that someone’s already been there, in some cases before I was even born—or before my grandparents for that matter. There is just so much to read and time is a limited resource. In any case. Moving on.

He begins with these two sentences:

Some philosophers say they do not know what the thesis of determinism is.
Others say, or imply, that they do know what it is.

Strawson employs the terminology of optimism and pessimism. These are in consideration of the notion of free will. Each claims that as far as we know, determinism cannot be shown to be false. But optimists believe that we can assume we have an adequate basis for moral practices whilst pessimists believe that we cannot make this assumption, so we must find some other basis; this means that the pessimists are forced to concede that although determinism cannot be proven to be false, it must nonetheless be false.

Some pessimists “hold that if the thesis [of determinism] is true, then the concepts of moral obligation and responsibility really have no application, and the practices of punishing and blaming, of expressing moral condemnation and approval, are really unjustified.”

Some optimists “hold that these concepts and practices in no way lose their raison d’être if the thesis of determinism is true.”

as far as we know, determinism cannot be shown to be false

A genuine moral sceptic may hold that “the notions of moral guilt, of blame, of moral responsibility are inherently confused and that we can see this to be so if we consider the consequences either of the truth of determinism or of its falsity.”

Like Frege to Strawson, I now find myself adopting his line of argumentation—that people presume people to be competent agents by default unless exempted as non compos mentis and such. If one or more of these mitigating factors is not present, then one may be considered to be a morally responsible agent. (In my mind, this creates many false positives in the resultant sample, but let’s continue.)

Then he establishes the groundwork for moral obligation and responsibility to arrive here:

Strawson contrasts optimistic with pessimistic with a smattering of sceptics.

If I am asked which of these parties I belong to, I must say it is the first of all, the party of those who do not know what the thesis of determinism is.

But this does not stop me…

Desert is his next topic. What does the threshold of the agent to have to deserve “blame or moral condemnation”?

Effectively, Strawson separates determinists and libertarians (philosophical, not the capital-L political flavour).

He distinguishes reasons from rationalisation, with the former having more weight and the second being akin to excuses. Here, he tries to tease out notions of positive and negative freedoms on a concept defined negatively, i.e., the absence of some deficiency. He also calls out supporters for not only having an insufficient basis but “not even the right sort of basis”.

Strawson makes a point to delineate desert as following from a positive act rather than some omission, allowing for ignorance to serve as an escape clause. Being an older publication, he points out the by-now obvious contradiction between freedom and determinism, but he continues to clarify the waffling between various definitions of freedom, hiding behind the ambiguous meaning, whether intentioned or not.

Soon enough, he notes a challenge. Humans have a cognitive bias wherein they have a difficult time maintaining an objective attitude toward people who we interact with. Instead, we engage in participant reactive attitudes. This is to say that we make judgments we would not make on a non-reactive object. If we bump into a chair (object), we don’t activate the same mental protocols as if we bump into a person (participant reactive). In the latter case, our blame-resentment mechanism is activated. This may result in feelings of ‘resentment, gratitude, forgiveness, anger‘ or some sort of reciprocated love in another instance. In the end, he supposed that we blame people because we have reactive attitudes toward them.

Ultimately, irrespective of whether determinism is true or not, we cannot seem to control our personal reactive urges, so we need to deal with it.

To be honest, I don’t feel I got a lot out of this essay. Perhaps it just didn’t age well or others have already incorporated this into their work, so the logic may be sound, but it doesn’t feel particularly profound. I can tick off the ‘read this’ box and move on.

Video: Blame and Causa Sui

In this segment, I ponder the interplay between blame and Causa Sui. I’ll discuss the implications for moral responsibility as well as legal responsibility, which are not as in sync as one might imagine they might be.

Video: Blame & Causa Sui

To the uninitiated, Western legal systems have no pretensions about being about morality or justice. Legal systems are designed to maintain power structures and the status quo. They are deontological machines, making them prime targets for automation by the machine learning associated with artificial intelligence. This would also diminish the power of rhetoric over facts to some extent. But, I am no legal scholar, and all of this will have to wait for another segment.

I recently shared a video on causa sui and the basics of blame and blameworthiness, so I want to intersect those topics here.

Peter Strawson suggested that for humans, blame is a reactive response. It’s reflexive like having your knee jerk when tapped. Essentially, his position is that if blame didn’t naturally exist, we’d have to invent it, mirroring Voltaire’s quip, ‘If God did not exist, it would be necessary to invent Him’. Of course, this is because they serve the same power control purpose.

If God did not exist, it would be necessary to invent Him

Voltaire

To be fair, blame is closer to real than God, but the point remains. Strawson’s point is also that humans are saddled with blame and it’s not going anywhere no matter how nebulous it becomes in execution. It’s natural.

To me, this starts to sound suspiciously like a naturalistic fallacy. Humans seem to selectively cherry-pick which so-called natural tendencies they choose to defend. One might use nature to argue that female sexual availability begins at menstruation, and yet we have decided to ignore this and defer this on the grounds of civility. It’s obvious that we could consider blame to be an animal instinct we want to domesticate away, but because it serves other purposes, per Strawson’s perspective, it’s a useful tool.
But what’s the causa sui challenge. Let’s quickly recapitulate.

Causa sui argues that one cannot be the cause of oneself, ex nihilo. Being full products of nature and nurture to adopt the lay parlance, any blameworthiness lies with the sources or creators. Since we are concerned with moral responsibility, we can eliminate nature forthrightly. Nature may be responsible—by many estimations approximately 40 per cent responsible—, it possesses no moral agency. And if the individual is not responsible, then we are left with the environment and society, including the social environment. Of course, the environment gets off the hook in the same manner as the genetic and hereditary factors of nature.

Before we consider society, let’s regard the individual.

Albeit the brain-as-computer is a bit facile, it’s still good enough for illustrative purposes. When you are born, your cognitive hardware is installed, as are your edge peripherals and update protocols. Any of these can become damaged through some degenerative processes, or external environmental factors, but since my interest is in optimistic rather than pessimistic scenarios, I’ll ignore these instances. Given that blameworthiness is directly related to presumed cognitive processing, factors that diminish these faculties, mitigate blameworthiness and factors than increase it, ameliorate it.

As a—quote—’normal’ child becomes an adolescent and then an adult, the probability it will become blameworthy, increases with age, ceteris paribus. A person with cognitive deficits or conditions such as aphasia or dementia decreases the probability of blame assignment. Even temporary impairment mitigates judgment—oh, she was drunk.

So, following the brain-as-computer analogy, your brain is a CPU with a self-updating cognitive operating system and instruction set. Essentially, there is also short and long-term memory.
In the case of cognitive deficits, one of these components might be effectively broken. The CPU might process too slowly; it might misinterpret what it receives; there may be issues with the sense organs or the nerves that transport signals.

I’ve got a mate who, due to medical malpractice at birth, experienced nerve damage. Although his eyes and brain are normal, his optic nerve cannot carry signals very well, effectively leaving him blind. Neither can he taste nor smell. So there’s that.

But assuming that this processing and storage hardware are intact, the causa sui constraint still applies, but let’s spend some time evaluating societal interactions.

All inputs come from society—cultures and subcultures. Apart from misinterpreted processing scenarios, if a person doesn’t receive a particular moral instruction set, that person should surely be considered to be exempt from moral blame. It may be difficult to assess whether an instruction has been input. This is a reason why children are categorically exempted: they may not have received all of the expected moral codes, they may not have been stored or effectively indexed, and their processing hardware is still in development—alpha code if you will. Brain plasticity is another attribute I won’t spend much time on, but the current state of science says that the brain is still not fully developed even by age 30, so this is certainly a mitigating factor, even if we allow leeway for the causa sui argument.

I mention subculture explicitly because the predominant culture is not the only signal source. A child raised by, I don’t know, say pirates, would have an amended moral code. I am sure we can all think of different subcultures that might undermine or come at cross odds with the dominant culture, whether hippies, religious cultists, militia groups, racial purist groups, and so on.

So, a commonly held moral in the subdominant group may counter that of the prevailing one. An example that comes to mind is some religious organisations that do not agree with human medical intervention. There have been cases where parents have allowed a child to die from an otherwise curable condition. Although in the United States, there is a claim of freedom of religion—a claim that is spotty at best—, parents or guardians in situations like these have been convicted and sentenced for following their own moral codes. But as with all people, these people are as susceptible to the limitations of causa sui as the rest of us. They are not responsible for creating themselves, but moral responsibility was asserted based on the beliefs of the prevailing culture. Even besides the legal context, persons in the larger society would likely blame the parents for their neglect—though they may be praised for being resolute in their righteousness by their in-group. This just underscores that morality is a collection of socially constructed conventions rather than something more objective.

Returning to causa sui, let’s say a person commits an act that society would typically assign blame. Rather than exercise some act of retributive justice—a concept with no foundation in a causa sui universe—the course of action was remediation. In this case, the desired moral instruction would be delivered thereby seemingly making the moral offender blameworthy. But would they be?

Presumably, (for what it’s worth) psychologists would evaluate the subject for competency in maintaining the programming. In the case of the aforementioned religious parents, they may be threatened with retribution for not abiding by the superseding rules of the prevailing power structure.

Although I might personally allow some leeway even with the causa sui in full force and effect, but I can’t say that I have much faith in the ability of humans to make a correct assessment. My impression is that any assessment would be one of convenience than something sounder.

Perhaps I’ll produce a more robust segment on retributive justice, but my feeling is that retributive justice is an area that legal systems should avoid altogether. If necessary, focus on restorative justice, rehabilitation (or ‘habilitation’ as the case might be) and quarantine models to ensure any bad actors are contained away from society. Again, this puts individuals at the mercy of cultures they find themselves a part of. I am not going to delve into this any further save to remind the listener of gang initiation schemes where a person needs to kill a member of a rival gang to become a trusted member. This is their moral code—quite at odds with the mainstream.

So there you have it. Owing to causa sui constraints, a person cannot be ultimately responsible for their actions. My primary thesis is—apart from metaphorical equipment failures—that any moral responsibility falls wholly on the society or culture. Full stop. And this isn’t as foreign as one might first feel. Although for most people blame is natural, in an individualistic society, people are interested in finding the culprit. In collectivist cultures, any culprit might do. Perhaps I’ll share some stories in a future segment.
Meantime, what are your thoughts on moral responsibility? Can someone be ultimately responsible? Some have said the ‘ultimate responsibility’ is a philosophical red herring and that we can still hold someone responsible, even if not in the ultimate sense, which causa sui disallows. Are you more in this camp? Is this enough to mete out so-called retributive justice? For me, retributive justice is a euphemism for vengeance, and justice is a weasel word. But that’s just me, and perhaps a topic for another segment.

Are there any topics you’d like me to cover? Leave a comment below.

Blaming and Naming

When I was writing my review of Elbow Room, this categorical syllogism came to mind:

P1: All agents are responsible

P2: I am an agent

C: Therefore, I am responsible

Now I want to unpack it.

Podcast: Audio rendition of this page content

The first premise is that all agents are responsible. Of course, this hinges on how one defines agent and responsibility. It also depends on the scope, especially of the agent but to some extent also the scope of responsibility.

Leveraging the Causa Sui argument, the agent is a social construct and can only be responsible to what extent s/he has been programmed as well as the ability to maintain and process the programming effectively—so without bugs to continue with the parlance.

If the agent is immature or defective, expectations of responsibility are diminished.

If certain inputs were not given, there is no reason to assume a related command would be executed. This is why so much time and energy is spent on programming and evaluating children.

This first premise is predicated on the pathological need to blame. Unwritten behind the responsibility claim is that I feel compelled to blame. Blame requires responsibility, so if I want to blame someone, they must be responsible. In any given circumstances, I may feel the urge to blame anyone, so all agents [eligible people] are worthy of blame. There is no particular reason to exclude myself, so I too am blameworthy. What’s good for the goose is good for the gander, eh?

Goose and Gander. Strike that pose.

As PF Strawson said, even if moral responsibility couldn’t possibly exist, it would be invented because people need to blame. This is in line with Voltaire’s commentary on God.

Si Dieu n’existait pas, il faudrait l’inventer.
If God did not exist, it would be necessary to invent him.

Voltaire

We can all look around and see how pervasive the god delusion is. Moral responsibility is even more insidious. In principle, moral gods were invented for just this purpose. An omnipresent judge was needed to keep the big house in check.

Where I Stand

From my perspective, I do feel that a person in the space of Dennett’s elbow room can have responsibility. Being a non-cognitivist, I have more difficulty accepting the arbitrary imposition of morality, but I understand the motivation behind it.

The problem I have is that mechanisms to ensure that the inputs and processes are all in order and there are no superseding instructions are not in place. Moreover, if the superseding instruction does not comport with the will of the power structure, it will be marginalised or ignored. This is a limitation of morality being a social construct, and none of this gets past the ex nihilo problem causa sui invokes, so we end up cursing the computer we’ve invented. O! monster of Frankenstein. O! Pygmalion.

Blame

Even the moral sceptic is not immune from his own form of the wish to over-intellectualize such notions as those of moral responsibility, guilt, and blame. He sees that the optimist’s account is inadequate and the pessimist’s libertarian alternative inane; and finds no resource except to declare that the notions in question are inherently confused, that ‘blame is metaphysical’.

PF Strawson, Freedom and Resentment
Quote from Freedom and Resentment and Other Essays by PF Strawson

Part of my central thesis of non-agency is centred on the notion of blame, and it seems PF Strawson has a lot to contribute in this arena. In short, given my lack of belief of material human agency, I wish to investigate the connection between seemingly innate impulses to project blame and the absence of a blameworthy object.

In order to devote more time to researching and writing my thesis and less time editorialising elsewhere, I may post some shorter content such as these gems that I stumble upon along the way. This facilitates my desire to create and share content without the burden of devoting hours to render it. It also gives me places to come back to.

I only hope that you don’t blame me for doing so.


Meantime, indulge my recording my thoughts here in the public space.

What is blame?

We don’t have very precise definitions of blame, we have an intuitive sense of what it means. There is a subject (or object, as the case might be) that creates (or has been attributed to have created) an action that results in an interaction on an object (or process) with a subsequent effect and a notion of intentionality. But we have to parse casual effect, responsibility, and blame as they are not strictly equivalent. Let’s begin with a causal event.

I believe that on balance the causal event process and object interaction is uncontroversial. A billiard ball (Object A), through directed (or undirected) motion, collides (action) with a second billiard ball (Object B) with the subsequent effect of displacing the second ball.

What we can claim in this scenario is that A → B, A causes B to move. Except in the loosest of idiomatic speech, we can’t really extend this causal relationship to claim that A is responsible for B’s movement. Even further removed, one can’t claim that A is to blame for B’s movement.

Responsibility and blame are different moral claims attributed to an agent. I feel I am safe to claim that a billiard ball has no agency. Whilst human agency is defined as an individual’s capacity to determine and make meaning from their environment through purposive consciousness and reflective and creative action (Houston, 2010), an agent in a more general sense is a being with the capacity to act, and ‘agency’ denotes the exercise or manifestation of this capacity.

The word blame is infused with negative connotations. Praise is a loose antonym with positive connotations, but I won’t focus on it because it is not nearly as heavy and operates semantically differently. In any case, I feel justified to cross blame from the list of possible qualifiers for the billiard ball scenario.

Is A responsible for B? Again, I believe that most people do not assign responsibility to inanimate objects—notwithstanding animism, pantheism, and possibly panpsychism.

Here are some diagrammes.

Above, there is only cause and effect. We can intuit that the movement of Object A is not uncaused. Even so, it careens into Object B, causing it to move. And while one could say A is responsible for moving B, this would be non-standard English language use.

If one pulls back to catch a wider glimpse, one can see that the cause of Object A striking Object B, was a person striking Object A (possibly with a cue stick). Here, the casual event chain is the person causing A to strike B. Two cause-effect relationships at a macro level. However, in this case, we can also say that the person is responsible for the event to set A into motion. We can also say that the person caused B to move (by the way of Object A). Even here, blame would be inappropriate to assert.

We may be able to reframe the scenario slightly differently to get blame into the picture, but let’s take a short detour and create a praise situation. If Object B is hit into a pocket, we can praise the person. Perhaps this shot wins the game. The person is responsible for making the shot.

In scenario B, the person misses the shot. Moreover, Object A does collide with Object B, but perhaps Object B is the 8 ball, and it was not supposed to be pocketed yet. Or perhaps the cue ball deflects off of Object B causing A to scratch because it falls into a pocket. Either of these situations might cause the person to lose the match. A mate may blame this person for being responsible for the loss.

Before moving on, I’ll point out that one distinction that affords blame more weight than praise is the ongoing psychology. Whilst with praise, a person may reflect fondly on a positive event, there is not really a counter to a grudge in the case of blame. And while praise can be misattributed with benefits to social capital, misdirected blame can result in a loss of social capital with longer-term implications.

Perhaps someone unseen pushes you into another person causing them to be injured. You may have been the cause of this person being injured, but like the billiard ball, Object B, you are not morally responsible. Moreover, you may be the target of blame.

These are rather low-stakes scenarios. Imaging these as legal negligence or in a criminal setting. Innocent people are routinely convicted for crimes they never committed. Perhaps, they had been previously unaware of any of the actors or events, yet they are blamed and fined or incarcerated.

This isn’t my interest to discuss at the moment. This is a different scope, so let’s return to the main theme.

In the low-stakes billiards example we can say that the person seems to have agency. For trivial events, we can ignore whether this is more than seeming. In essence, we can ignore the antecedent event arrow that caused the person to be in a situation to have the opportunity to strike the ball in the first place. We’ll return to this later.

Individual and Collective Agency and Freedom

As a person dismissive of individual human agency, of course, I am not going to rate the probability of collective agency highly. However, I am very drawn to this topic because I am sure there will be attempts to make parallels and connexions between the individual and the collectives. My guess is that attacks by those who support individual agency yet deny collective agency will pose arguments that will in the end undermine their own position that they will nonetheless cling to.

Colloquium Poster

This event is being broadcast on Zoom on 21 through 23 July 2022 from 17:00 – 21:00 Tawain Time (GMT +8).

Conversational topics will be (i) The Reality of Free Will and (ii) The Loci of Responsibility, two topics near and dear to my interest.

Details can be read here: https://www.lmpsttw.org/ch/events/5thtmc-schedule-721-723

A colleague had this to add.

A question that exercises the minds of philosophers is the existential status and role of groups and collectives. Do ‘forests’ exist, or are there just trees in proximity? Do “herds” exist, or are there just elephants? Perhaps the answers to these questions are of little consequence, but there are other, more interesting questions like, for example:

Do collectives act as single units, and if so, how? Do properties of individuals ‘scale’? For example, we readily attribute consciousness and intelligence to individual humans, can we also attribute consciousness and intelligence to a committee, or community? How is a collective conscious or intelligent? Also, individuals have ‘agency’ – they can/do exercise their individual “will” – but does a collective have a “will”, or “agency”? Does a large population of agents (a ‘country’, say) have a ‘will’ of its own? Does a country have ‘free will’,, and ‘know’ what it is ‘doing’? Do such questions even make sense?

On July 21-23, the National Taiwan University is holding a mini-conference about such “social ontology” conundrums, via ZOOM: https://ucl.zoom.us/j/98941995734, Zoom room ID:989 4199 5734