Nathan Fielder Is Technically Allowed to Do This

Six ethical audits of Nathan for You

Nathan Fielder Is Technically Allowed to Do This

In May, I placed Elizabeth Holmes among the founding three Failed Field Analysts, alongside Anthony Warner and Robert Moses. Her analysis of medical diagnostics had identified a real obstruction. But the future she offered to investors and patients was considerably further along than the technology.

She helped this framework define failure in its early days. Now Nathan Fielder and Lance Oppenheim have made an entire documentary about her.

It's called You Can See Everything. It's in theaters.

I still have not seen it.

I will therefore refrain from reviewing it.

However, Nathan Fielder is the funniest man.

We can investigate that right now.

For four seasons of Nathan for You, Fielder presented himself as a business consultant whose core qualification was graduating from one of Canada's top business schools with really good grades.

This qualified him to redesign a considerable portion of American commercial life.

Unfortunately, these redesigns frequently involved engineering new obstacles, transferring burdens onto unsuspecting participants, inventing facts, manipulating legal categories, and then congratulating himself when the plan worked.

An extraordinary amount of excellent television ensued.

The series provides something like a very silly little laboratory for Modal Path Ethics. We are going analyze the schemes as presented, not pretend the edited television record establishes every offscreen consequence.

Still.

These plans have structures.

And I have questions.


The Haunted House That Wasn't Scary Enough.

Nathan visits the Reign of Terror haunted house, operated by Bruce Stanton.

The problem is straightforward.

There are other haunted houses, and they are also scary.

Nathan needs a competitive advantage.

What if the haunted house became so terrifying that its customers sued it?

This would attract enormous publicity. But Bruce appears considerably less excited about being sued than Nathan does.

So Nathan proposes a new advertising slogan:

Reign of Terror:

Where Pussies Go to Relax.

Bruce declines to recognize the genius.

The eventual solution is far more ambitious.

Nathan arranges for visitors to believe they have been exposed to a terrible infectious disease. Performers introduce a medical emergency. People dressed as emergency responders intervene. Someone appears in protective equipment. Customers become very frightened.

One visitor later calls his mother and says he needs to go to the hospital.

Nathan has succeeded.

People are scared.

In fact, he has achieved something much more interesting than a very scary haunted house.

He has destroyed the distinction that makes a haunted house tolerable.

Ordinary haunted-house patrons amble into a bounded fiction. They purchase an experience of fear while trusting that the operators are maintaining the material conditions under which it remains just an experience.

The monster can chase you. But this monster cannot actually eat you.

That is part of the transaction.

Nathan introduces an apparent medical emergency with consequences extending well beyond the attraction. The visitor now has reason to believe the danger will follow them out of the building.

The entertainment instrument has changed kinds.

And the harm is interesting because nobody needs to acquire the fictional disease for something bad to happen.

People can experience real terror from false information. They can lose confidence in their own health, make frightened decisions, or enter burdensome medical processes. The supposed pathogen can remain imaginary while the induced disturbance is real.

The practical mechanism of entertainment has been made to impersonate medical authority.

So Nathan stations a lawyer near the exit, prepared to discuss the possibility that customers have suffered actionable emotional distress.

The entire business model now depends on generating a real injury through a product customers purchased to experience simulated injury.

Ruling: The haunted house became frightening by making customers believe they had escaped the haunted house.

The owner was not grateful.

Nathan considered this very rude.


The Gas Station With the Perfect Rebate.

Nathan's next project may be one of the purest examples of a fake reachable path ever constructed.

An independent gas station needs customers.

Nathan proposes selling gasoline for an exceptionally low price.

The owner correctly observes that this is financially ridiculous.

Nathan explains the mechanism.

After rebate.

The rebate will require customers to hike up a mountain and submit their paperwork to his special box.

Nobody would ever do that, obviously.

Unfortunately, Nathan has forgotten about people.

Several customers decide to hike the mountain.

Nathan accompanies them, expecting the effort to discourage participation. They arrive anyway.

So he introduces riddles.

People solve them.

He adds further obstacles.

Several people leave, but three remain so determined to claim their modest refunds that they spend the night camping on the mountain.

The trip starts turning into a strange social experience. Participants share stories about their lives. Nathan forms connections with people he had expected to give up.

By the following day, he confronts a serious operational problem.

  • They still want their money.

Nathan finally explains that there is no rebate box.

There never was.

Instead, he invites everyone to appreciate the friendship they have developed.

Amazingly, they actually accept this.

They descend the mountain together.

It would be a beautiful ending.

Except Nathan returns to the gas station the next day.

And claims his own rebate.

$16.54.

This is one of the funniest things anyone has ever done on television.

It also destroys the scheme's entire ethical defense.

The customers were offered a financial benefit subject to conditions. Those conditions were difficult, time-consuming, and increasingly ridiculous. The promised completion point did not exist.

The barrier was therefore more fundamental than inconvenience.

There was just no available route to the promised refund through the procedure the customers had been instructed to follow.

In Modal Path Ethics, we distinguish possibility from reachability and pay particular attention to resistance: the work, time, danger, cost, uncertainty, and dependence attached to a path.

A refund advertised at the bottom of a mountain may be technically possible to describe while being economically absurd to pursue.

Nathan goes further.

He removes the terminal condition altogether.

The rebate is no longer a difficult continuation. It is just a story about a continuation.

Now comes the more important distinction.

The friendships formed on that mountain might be real goods. People can discover connection through inconvenience, disappointment, and shared effort. An experience originally undertaken for one purpose can acquire value for entirely different reasons.

That does not give the provider the authority to substitute friendship for the promised refund.

Nathan is free to appreciate his new friends. They are free to appreciate him.

The gas station still owes the money under the terms of any valid rebate claim.

Ruling: Business is business.

The Claw of Shame.

This one mandates a full causal reconstruction.

Nathan has been criticized for designing risky experiences for other people without taking comparable risks himself.

He decides to correct this.

He will perform an escape act.

An ordinary escape artist might risk drowning, injury, or death.

Nathan chooses a different terminal condition.

He will be handcuffed to a metal frame while an industrial robotic arm attempts to remove his pants and underwear in front of ten innocent children.

He has but ninety seconds to pick the handcuff locks and press a button that stops the machine.

If he fails, he risks arrest for indecent exposure.

A police officer will be present.

This is an actual episode of television.

Nathan begins by consulting an escape expert.

The expert teaches him how to get out of handcuffs but becomes uncomfortable when Nathan explains the rest of the project.

Nathan then consults a judge to determine what circumstances might establish criminal responsibility.

The judge explains that willfulness matters.

Nathan interprets this as a design requirement.

He wants the incident to qualify as intentional if it occurs, so he discusses making statements indicating disregard for the consequences.

Then another problem appears.

Human stagehands who deliberately pull his pants down might also face liability.

Nathan does not want anyone else to go to jail.

Therefore, he needs a robot.

After months of technical investigation, he finds a suitable machine.

It runs on Windows 95.

At this point, the moral structure has become almost unbearably beautiful.

  • Nathan wishes to demonstrate courage by confronting a serious risk.
  • But this risk does not naturally exist.

He has to construct the event, obtain the participants, investigate the relevant criminal law, design the machinery, and arrange circumstances that might support the charge he fears.

Then he must attempt to prevent the resulting construct from occurring.

The engineer of the danger is also the protagonist of the rescue.

This is that old distinction between encountering a hazard and manufacturing one in order to demonstrate that you can defeat it.

The consultation with the judge reveals another confusion.

Nathan treats a legal description as an engineering specification. The judge's discussion of the elements of an offense becomes part of the design process for producing the offense.

But legal responsibility depends on actual conduct, intent, circumstances, and applicable law. A televised consultation cannot certify that a particular future failure will produce the exact criminal consequences this performance advertises.

The machinery can create exposure risk. It cannot dictate the judicial result.

There is also a distribution problem.

Nathan says he wants to risk only himself.

But the children are nevertheless necessary to the structure of the stunt. The production includes their parents, compensation, and arrangements for participation, but the threatened event still concerns what these children could witness.

The spectacle depends on other people occupying the potential harm field.

Fortunately, Nathan escapes.

The robot does not expose him.

No criminal prosecution follows from the failed threat.

The show has successfully demonstrated that Nathan Fielder can escape a situation in which Nathan Fielder arranged for Nathan Fielder to possibly commit a sex offense.

Ruling: A potentially catastrophic state was deliberately made reachable so that its creator could receive credit for preventing its actualization.

I am grateful that he succeeded.

I am less persuaded that the children needed to be involved.


Dumb Starbucks.

This one briefly became an actual national news event.

Nathan proposes helping a struggling coffee business by reproducing the branding of Starbucks.

But he adds one key word.

Dumb.

Dumb Starbucks.

Dumb coffee.

Dumb everything.

The reasoning is that parody receives certain protections under intellectual-property law, so calling Starbucks dumb may allow the imitation to operate.

Nathan opens the store.

Crowds arrive.

The operation attracts enormous attention. People speculate about whether this is the work of a famous artist.

And the distinction between genuine commerce and parody becomes part of the product.

Then health inspectors arrive.

This operation lacks the required health permit.

It is shut down.

There are several legal questions here, and they should remain separate. Trademark parody protection is conditional and contested. The addition of the word dumb did not conclusively settle every trademark question.

More importantly, a possible defense against one intellectual-property claim does not grant permission to ignore unrelated health requirements.

  • The intellectual-property question concerns what a business can say, imitate, or represent without infringing protected rights.
  • The health-permit question concerns the conditions under which the business may prepare and serve dumb food or drinks.

Calling a coffee shop an art gallery does not change what its employees are physically handing to customers.

And the latter activity still belongs to the health-regulation field.

There is a second joke beneath the first.

The project actually produces a form of art.

Its public reception, media speculation, legal uncertainty, and corporate symbolism become part of a real cultural event.

Nathan has made something.

The fact that the stated legal theory was inadequate does not prevent the work from having artistic value.

The dumb coffee can be art.

It is still coffee.

Ruling: Dumb Starbucks successfully challenged the boundary between artistic representation and commercial identity. It failed to make public-health jurisdiction disappear.

The county did not care that the coffee was dumb.


The Movement.

A moving company has a labor-cost problem.

  • Nathan observes that people already pay money to lift heavy objects at gyms.
  • Moving companies pay people to lift heavy objects professionally.

Clearly, one of these industries has made a terrible mistake.

Nathan proposes turning the moving company's labor into a fitness program.

Participants will believe they are exercising while carrying furniture and boxes for a real moving operation.

He recruits bodybuilder Jack Garbarino to serve as the program's representative. Then comes a ghostwritten book, a thoroughly questionable personal history, and publicity that makes the program look more established than it is.

Eventually, participants undertake an actual moving job as a workout.

The idea is astonishingly elegant.

Two activities can involve similar physical movements while occupying different positions in the social and economic field.

  • Lifting a box at the gym may be exercise.
  • Lifting the same box while transferring someone's household belongings into a commercial moving truck may also be exercise.

But the second activity generates an economic service for somebody else.

That service does not disappear because the person performing it has been told to think about fitness.

The issue is the participant's understanding of the transaction.

An informed person could choose to volunteer to move furniture for exercise, help a neighbor, or participate in an unusual fitness event. Physical exertion might benefit that person.

Nathan's proposed commercial advantage depends on withholding the labor arrangement's actual significance.

The moving company receives work.

The participant receives a workout.

The missing payment becomes the economic benefit sustaining the scheme.

This is burden transfer with a fantastic marketing department.

The publicity apparatus compounds the problem by manufacturing a reputation for the program's representative. The book and media appearances supply legitimacy that the underlying method has not independently earned.

The result is recognizable far beyond comedy.

A productive activity gets redescribed until the person doing the work no longer recognizes the value they are supplying.

Ruling: Nathan has discovered that workers can perform labor for free if you successfully convince them that employment is a workout. Management consultants have been approaching this result for generations.

Smokers Allowed.

Now comes the best philosophical case.

The owner of a bar says California's smoking restrictions have damaged her business.

Nathan identifies what he believes is an exception for theatrical performances involving smoking.

Therefore, he turns the bar into a theater.

He adds a small audience area and posts a notice treating patrons as participants in a performance.

The ordinary human activities of the bar become a play.

He calls it Smokers Allowed.

A couple of audience members watch the customers drink, talk, smoke, flirt, and behave like ordinary customers.

Then something extraordinary happens.

The audience members enjoy it.

They think the work possesses genuine theatrical merit.

Nathan consults someone with theater expertise, who also recognizes artistic value in the observed interactions.

A new business opportunity has appeared.

Nathan decides to transform the spontaneous performance into a reproducible theatrical production.

He studies the original recordings, obtains detailed transcriptions, casts actors, and rehearses the original event.

He wants everything to happen exactly as it did before.

There is even a casting process for the bar owner.

She auditions to play herself.

Nathan eventually gives the part to someone else.

The actual owner of the bar is moved into the audience to watch an actress perform her role in her own business.

This is the whole problem.

Nathan begins with a functioning social field. The bar contains people carrying ordinary histories, relationships, emotions, habits, and interactions into an event that nobody fully controls.

The audience finds value in observing that event.

Nathan then tries to preserve the value by reproducing its visible form.

He records the dialogue.

He reconstructs the gestures.

He recreates the setting.

He hires substitutes for the participants.

He reproduces the event with considerable fidelity at the level of the recorded performance.

But the original evening was generated through living relations, histories, and ordinary choices. The people who produced it were not following a script.

A reconstruction can preserve features of an event without preserving the causal conditions that generated those features.

The distinction is familiar in Modal Path Ethics. A representation can be useful and accurate in a declared respect while failing to preserve the continuations, relations, or correction routes carried by its source.

Of course, theater is allowed to represent reality. An actor is allowed to portray a real person. A reenactment can be brilliant exactly because it transforms its source.

Nathan's mistake, considered as a business plan, is to assume that preserving the observable output preserves the original value.

Then there is the bar owner.

The show initially exists to help her.

But the work acquires artistic ambitions.

Those ambitions require a more convincing production.

The production requires a better actress.

The person whose business justified this entire intervention is now watching someone else perform her own life.

It is one of the funniest and most unsettling developments in the series.

And it presents a distinct institutional problem.

The instrument acquired an objective of its own. The original function became subordinate to the successful continuation of the instrument.

Nathan may have created a work of art.

He also created a system in which the bar owner was no longer the best person to play the bar owner.

Ruling: The representation became sophisticated enough to replace its source. The source did not particularly enjoy the play.

The Consultant Has Escaped.

I do want to be clear about one thing.

Nathan Fielder is making comedy.

The invented schemes expose real assumptions by bringing those assumptions into contact with bizarre conditions. Their escalation is the joke. The people involved often contribute their own surprising responses, and the resulting shows are edited artistic constructions.

It would be a very strange use of Modal Path Ethics to treat Nathan for You as six conventional business-fraud investigations.

The interesting thing is how precisely the comedy locates structural failure.

A haunted house depends on the boundary between simulated fear and actual danger. Nathan removes the boundary.

A rebate depends on a route by which the advertised benefit can be claimed. Nathan removes the destination.

An escape act depends on a risk the performer attempts to overcome. Nathan engineers the risk from the legal consequences upward.

A parody shop depends on distinctions between commerce, artistic representation, and regulatory jurisdiction. Nathan shoves all three in one storefront.

A fitness program depends on the meaning and benefits of physical activity. Nathan uses that meaning to reclassify economically valuable labor.

A theatrical performance represents a world. Nathan reproduces the world's visible events, then removes the person who originally occupied one of its central roles.

Each plan succeeds at something.

That is why they are funny.

Nathan keeps isolating one actual mechanism, developing an apparently ingenious intervention around it, and discovering that the rest of reality has refused to disappear.

Sometimes the intervention produces an unexpected good.

Sometimes the scheme fails.

Sometimes the person it was supposed to help gets pushed into the audience.

There is no reason for anyone to stop constructing these situations. The program's artistic achievement depends on making the boundaries visible through absurdity.

I would, however, be reluctant to hire Nathan as my consultant.

Modal Path Ethics still believes that legitimate instruments need to remain answerable to the fields they serve.

Nathan has demonstrated that an instrument can acquire a lawyer, a business plan, a customer base, a fake medical emergency, an overnight hiking expedition, a professional acting company, and an industrial robotic arm before anyone successfully convinces its operator to stop.

The new Elizabeth Holmes documentary is still waiting.

I have no review of it yet.

But I am pleased that one of the founding Failed Field Analysts has attracted the attention of a man who once climbed a mountain with three strangers, informed them that friendship was more important than money, and then quietly collected his own gas rebate while learning a lot about urine.

There is something beautiful about this.

There may also be something wrong with this.

I need more evidence.


Sources and Episode References