An Exegetic Theory of Liberty

A modest proposal:

Congress shall make no law interfering with medical decisions except in the case of public health and in the regulation of the practice of medicine.

But now we immediately face daunting challenges about the meaning of these terms. What are the limits of a “medical decision?” What are the limits of the public health clause? Can the regulation of the practice of medicine impinge on medical decisions if, for example, a procedure is regulated out of availability? Does this create an immediate tension between the preamble and the restrictive clauses?

Let’s take a version of Putnam’s concerns about meaning. What is a neutrino? Many people would simply shrug and admit that they don’t know. Some would recall something like a particle that can pass through stuff. A few of these who have some physics or are widely read might say that they are very light particles that emerge from neutron decay and are needed to balance the nuclear decay equation. This last series of images might include thoughts about giant underground detector baths of water or mineral oil or something. In general, though, we can conclude that defining something that is physical, measurable, but incomplete is a daunting task.

Legal theories have this kind of amorphous semantics, especially with regard to concepts like “liberty.” We certainly have some indelible images like “your liberty ends at my nose” but that doesn’t create a very effective template for legal decision trees. Does a stand-your-ground law preserve my liberty to self-defense or is it an excessive application of force when the two parties’ joint right to life is better preserved by a duty to retreat? Dobbs v. Jackson Women’s Health Organization lays out the problem of defining liberty:

“Liberty” is a capacious term.

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Ancient Conceptual Code-Switching

I’ve been reading Hesiod as part of background research for a new book project I’m working on, tentatively titled Talos. In Talos, vulcanologists enter a strange artifact that floats to the surface of a lava dyke during a catastrophic eruption of Santorini. Inside is some kind of antique computing machine that operates using a strange fluid. The device is capable of manipulating people and time, in fact, and is used by the protagonists to harass one another, to explore history, and to change the future of the planet itself. And then it is gone again.

Hesiod represents some of the earliest works of the archaic period of ancient Greece. His Theogony is the early catalog of the Greek myths of Olympians and Titans. His Works and Days is perhaps the earliest discussion of Pandora, and it is not what most people know from Laura Croft and common parlance. In the Pandora myth, she is created by the “lame god” and blacksmith Hephaestus as a mechanism for avenging the release of the knowledge of fire to humankind by Prometheus. Why was fire a bad idea? Well, if humankind learned the ways of the gods they would just hang out and play video games, it seems:

The gods had hidden away the true means of livelihood for humankind, and they still keep it that way. If it were otherwise, it would be easy for you to do in just one day all the work you need to do, and have enough to last you a year, idle though you would be.

Perhaps we would have done a lot of sailing on the wine-dark seas. So people need punishing for the sympathetic crimes of Prometheus.… Read the rest

Triangulation Machinery, Poetry, and Politics

I was reading Muriel Rukeyser‘s poetry and marveling at some of the lucid yet novel constructions she employs. I was trying to avoid the grueling work of comparing and contrasting Biden’s speech on the anniversary of January 6th, 2021 with the responses from various Republican defenders of Trump. Both pulled into focus the effect of semantic and pragmatic framing as part of the poetic and political processes, respectively. Sorry, Muriel, I just compared your work to the slow boil of democracy.

Reaching in interlaced gods, animals, and men.
There is no background. The figures hold their peace
In a web of movement. There is no frustration,
Every gesture is taken, everything yields connections.

There is a theory about how language works that I’ve discussed here before. In this theory, from Donald Davidson primarily, the meaning of words and phrases are tied directly to a shared interrogation of what each person is trying to convey. Imagine a child observing a dog and a parent says “dog” and is fairly consistent with that usage across several different breeds that are presented to the child. The child may overuse the word, calling a cat a dog at some point, at which point the parent corrects the child with “cat” and the child proceeds along through this interrogatory process, triangulating in on the meaning of dog versus cat. Triangulation is Davidson’s term, reflecting three parties: two people discussing a thing or idea. In the case of human children, we also know that there are some innate preferences the child will apply during the triangulation process, like preferring “whole object” semantics to atomized ones, and assuming different words mean different things even when applied to the same object: so “canine” and “dog” must refer to the same object in slightly different ways since they are differing words, and indeed they do: dog IS-A canine but not vice-versa.… Read the rest

Artsy Women

Victoire LemoineA pervasive commitment to ambiguity. That’s the most compelling sentence I can think of to describe the best epistemological stance concerning the modern world. We have, at best, some fairly well-established local systems that are reliable. We have consistency that may, admittedly, only pertain to some local system that is relatively smooth or has a modicum of support for the most general hypotheses that we can generate.

It’s not nihilistic to believe these things. It’s prudent and, when carefully managed, it’s productive.

And with such prudence we can tear down the semantic drapery that commands attention at every turn, from the grotesqueries of the political sphere that seek to command us through emotive hyperbole to the witchdoctors of religious canons who want us to immanentize some silly Middle Eastern eschaton or shoot up a family-planning clinic.

It is all nonsense. We are perpetuating and inventing constructs that cling to our contingent neurologies like mold, impervious to the broadest implications and best thinking we can muster. That’s normal, I suppose, for that is the sub rosa history of our species. But only beneath the firmament, while there is hope above and inventiveness and the creation of a new honor that derives from fairness and not from reactive disgust.

In opposition to the structures that we know and live with—that we tolerate—there is both clarity in this cocksure target and a certainty that, at least, we can deconstruct the self-righteousness and build a new sensibility to (at least) equality if not some more grand vision.

I picked up Laura Marling’s Short Movie last week and propagated it to various cars. It is only OK, but it joins a rather large collection of recent female musicians in my music archive.… Read the rest