As I put the finishing touches on the third revision of my Language Insufficiency Hypothesis manuscript, I find myself reflecting on the role of Foucault’s concept of Power Relations in shaping the use and interpretation of language in institutional contexts.
A key aspect of my hypothesis is the notion that some abstract conceptual language is intentionally vague. I touched on this idea in my recent article on the ambiguity of the term ‘gift’, but the implications extend far beyond that specific example. The strategic use of linguistic indeterminacy is a pervasive feature of many professional domains, serving to veil and enable subtle power plays.
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The strategic use of linguistic indeterminacy is a pervasive feature of many professional domains
In my manuscript, I examine the concept of ‘reasonableness’ as a prime example of this phenomenon. This term is a favourite hiding spot for legal professionals, appearing in phrases like ‘reasonable doubt’ and ‘reasonable person’.Yet, upon closer inspection, the apparent clarity and objectivity of this language dissolves into a morass of ambiguity and subjectivity. The invocation of reasonableness often serves as a rhetorical sleight of hand, masking the exercise of institutional power behind a veneer of impartiality.
While I don’t wish to venture too far into Nietzschean cynicism, there is a sense in which the legal system operates like a casino. The house always seeks to maintain its edge, and it will employ whatever means necessary to preserve its authority and legitimacy. In the case of reasonableness, this often involves a strategic manipulation of linguistic indeterminacy.
interpretation of key legal concepts is always subject to the shifting imperatives of institutional power
The court reserves for itself the power to decide what counts as reasonable on a case-by-case basis. Definitions that prove expedient in one context may be swiftly discarded in another. While skilled advocates may seek to manipulate this ambiguity to their advantage, the ultimate authority to fix meaning rests with the judge – or, in some instances, with a higher court on appeal. The result is a system in which the interpretation of key legal concepts is always subject to the shifting imperatives of institutional power.
This example highlights the broader significance of the Language Insufficiency Hypothesis. By attending to the ways in which abstract and contested terms can be strategically deployed to serve institutional ends, we can develop a more critical and reflexive understanding of the role of language in shaping social reality. In the process, we may begin to glimpse the complex interplay of power and meaning that underlies many of our most important professional and political discourses.
Philosophics 