A.   Objectivity: What Is It?
  Smith’s  theory  of  knowledge,  which  is  based  upon  the  epistemological  work  of  Ayn  Rand,  is 
essentially 
realist.8 Smith contends that physical objects, events, relationships, and ideas (including man-
made rules) really exist, and that each of these “existents”  has a specific nature that is independent of 
human  beings’  “observations,  attitudes,  and  beliefs  about  [their]  nature.” 9 Human  beings  can  gain 
accurate  knowledge  of the  nature  of  particular  existents, but  
existents  are  what  they  are, regardless  of 
what we believe that they are.  Thus, we need to develop a method of thinking that can “sift[] true beliefs 
from untrue and valid inferences from invalid.” 10
 
  The method of thinking Smith offers is 
objectivity. Objectivity is a mental discipline that consists 
in  pursuing  “the  actual  nature  of  the  specific  object  or  phenomena  in  question,”  relying  solely  on 
“relevant  evidence  and  logical  inferences  therefrom.” 11 Identifying  the  nature  of  existents  entails 
identifying their essential characteristics  —  the fundamental common denominators that distinguish them 
from  other  existents.12 Objectivity  is  empirical  —  it  relies  upon  observational  evidence  rather  than 
intuition  or  speculation.13 Objectivity  is  hierarchical  —  one  cannot  understand  complex  ideas  like 
“property”  without understanding other ideas upon which they rest.14 Finally, objectivity is contextual  —
what evidence is relevant to a given inquiry depends upon the purpose of the inquiry, and what one is 
justified in believing about a particular object or phenomenon depends upon the facts of which one is 
aware.15 
If we discover that our “earlier knowledge was incomplete in certain respects,” 16 we must “alter 
our conclusions, however objectively formed those conclusions were at the time they were first made.” 17
 
  Smith  takes  time  to  address  and  dispel  potential  misconceptions  concerning  objectivity.  First, 
objectivity is an active process. Existents, be they physical objects or “high-level abstractions”  like legal 
concepts, do not simply reveal their nature to us  —  grasping their nature requires diligent, intellectually 
engaged  effort.18 Second,  objectivity  is  not  determined  by  consensus,  even  informed  consensus.19 
Whether a person has “ground[ed] their thinking in observation of reality”  and “remain[ed] faithful to 
what they observe through the conscientious use of logic”  does not turn on who they are or who agrees 
with them.20 
Third, objectivity is not infallible. We can come to erroneous conclusions, despite our most 
disciplined efforts to “get reality right.” 21 A conclusion that is objective is not necessarily correct. It is, 
however, the product of a method that gives us the “firmest ground possible for our conclusions to hug 
the  facts.” 22 To  assert  that  a  conclusion  is  objective  is  to  assert  that  “in  the  state  of  knowledge  
at  the relevant time,”  the conclusion “most fully and accurately reflects the nature of the existents in 
question and the relationships between them.” 23
 
http://papers.ssrn.com/sol3/papers.cfm? ... id=2798715