Monthly Archives: March 2020

Can crimes be discussed literally?

Suppose I were to say that the American legal system is a criminal organization. The usual response would be that this is a crazy accusation.

Now, suppose I were to point out that it is standard practice for American lawyers to advise their clients to lie under oath in certain circumstances. I expect that this would still generally be perceived as a heterodox, emotionally overwrought, and perhaps hysterical conspiracy theory.

Then, suppose I were to further clarify that people accepting a plea bargain are expected to affirm under oath that no one made threats or promises to induce them to plead guilty, and that the American criminal justice system is heavily reliant on plea bargains. This might be conceded as literally true, but with the proviso that since everyone does it, I shouldn't use extreme language like "lie" and "fraud."

This isn't about lawyers - some cases in other fields:  Continue reading

When to Reverse Quarantine and Other COVID-19 Considerations

A lot of people in my social network have been trying to track news about the new coronavirus, COVID-19, which seems like a global pandemic that's going to kill a lot of people. I've found some of this overwhelming and difficult to figure out how to use, until I sat down with a few friends, over the phone, and worked out a simple analytic framework for thinking about some basic decisions.  Continue reading

Simulacra and Subjectivity

In Excerpts from a larger discussion about simulacra, following Baudrillard, Jessica Taylor and I laid out a model of simulacrum levels with something of a fall-from grace feel to the story:

  1. First, words were used to maintain shared accounting. We described reality intersubjectively in order to build shared maps, the better to navigate our environment. I say that the food source is over there, so that our band can move towards or away from it when situationally appropriate, or so people can make other inferences based on this knowledge.
  2. The breakdown of naive intersubjectivity - people start taking the shared map as an object to be manipulated, rather than part of their own subjectivity. For instance, I might say there's a lion over somewhere where I know there's food, in order to hoard access to that resource for idiosyncratic advantage. Thus, the map drifts from reality, and we start dissociating from the maps we make.
  3. When maps drift far enough from reality, in some cases people aren't even parsing it as though it had a literal specific objective meaning that grounds out in some verifiable external test outside of social reality. Instead, the map becomes a sort of command language for coordinating actions and feelings. "There's food over there" is perhaps construed as a bid to move in that direction, and evaluated as though it were that call to action. Any argument for or against the implied call to action is conflated with an argument for or against the proposition literally asserted. This is how arguments become soldiers. Any attempt to simply investigate the literal truth of the proposition is considered at best naive and at worst politically irresponsible.
    But since this usage is parasitic on the old map structure that was meant to describe something outside the system of describers, language is still structured in terms of reification and objectivity, so it substantively resembles something with descriptive power, or "aboutness." For instance, while you cannot acquire a physician’s privileges and social role simply by providing clear evidence of your ability to heal others, those privileges are still justified in terms of pseudo-consequentialist arguments about expertise in healing.
  4. Finally, the pseudostructure itself becomes perceptible as an object that can be manipulated, the pseudocorrespondence breaks down, and all assertions are nothing but moves in an ever-shifting game where you're trying to think a bit ahead of the others (for positional advantage), but not too far ahead.

There is some merit to this linear treatment, but it obscures an important structural feature: the resemblance of levels 1 and 3, and 2 and 4.  Continue reading