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Subjective interpretation is very fundamental to being human and the way our minds work, but the underlying physical reality -- the wavelengths of light reflecting off the shirt -- can be measured objectively. A physicist might say that gravity is the curvature of spacetime caused by mass, which can be measured and tested. Trump being a criminal is based on a shared legal and societal context. As a society, we accept that if you are convicted before a jury of your peers, you are guilty and have been convicted of a crime. Jury's get it wrong and the justice system is flawed and has made mistakes. A black man in the 1920s (or even the 1960s for that matter) being tried for murder with absolutely no evidence and sentenced to death is a clear miscarriage and corruption of justice. The testimony of Trump's employees during the trial, who all said they loved working there (most of them still worked there), but weren't willing to lie on the stand about checks and phone calls they participated in, was pretty clear cut. This wasn't random people off the street of [insert preferred liberal enclave here] testifying against him: it was his own people who still work for him. Some people prioritize political allegiance over legal judgments when it suits them. If we dismissed facts entirely, science, medicine, and countless other fields reliant on objective reality would collapse. This exchange is a great example of the subjective nature of our experiences: as I've gotten older -- 38 now -- I've come to accept more and more that some things are objective reality, whereas in my teens and 20s, I questioned reality and society on the structural level, torn down to the studs. From Plato's cave, to brain in the vat, Kant, the Hindu Brahman and Maya, Buddhism, etc. |
Heck, even lawyers don’t treat legal judgments as god-given “facts” except in specific legal circumstances. The questions at the back of every chapter in a law school textbook will ask the student whether a particular case was rightly decided or wrongly decided and why.
The better way to think about legal judgments is not in terms of “facts” but rather “process.” Even a final decision by the U.S. Supreme Court does not establish god given facts. It merely is the end of the line in a set of procedures that lead to a particular result in a particular case. But even judgments of the Supreme Court are second-guessed every day by 20-somethings in law schools around the country!