Episode 64: Moral Authority and Punishment with Victor Tadros
Sep 25, 2023
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Victor Tadros, expert in moral authority and punishment, discusses complicity and moral authority in punishment, including how the state's complicity affects its standing. They also explore objections to focusing on the state's complicity and discuss responsibility and justification of sanctions in a deterministic world.
Moral authority to hold someone accountable can be undermined by lack of standing, such as a lack of personal relationship or relevance to the situation.
The state's moral authority to punish may be undermined by its complicity in generating conditions that contribute to crime, raising questions about the fairness and efficacy of punishment.
Deep dives
Moral authority and standing to blame
Victor Todros discusses the concept of standing in relation to moral authority and blame. Standing refers to the right or authority to hold someone accountable for their actions. Even if a person is morally responsible for wrongdoing, they may lack the standing to hold others accountable. This lack of standing can occur when there is a lack of a personal relationship or relevance to the situation. For example, a neighbor criticizing someone for not doing the dishes may lack the standing to hold them accountable. Victor explores various factors that can undermine standing, such as hypocrisy and complicity, where a person is involved in the wrongdoing themselves. He suggests that standing is an important consideration in punishment and raises questions about the state's moral authority to punish criminal offenders given its potential complicity in creating the conditions for wrongdoing.
The state's complicity in crime and punishment
Victor Todros argues that the state's moral authority to punish may be undermined by its complicity in crime. He explains that certain actions by the state, such as socioeconomic inequality, can contribute to increased criminal behavior. If the state knowingly creates conditions that generate crime, it becomes complicit in that crime. This raises questions about its authority to punish offenders for actions that it has contributed to through its own actions or policies. While Victor acknowledges the complexities of the issue and the need to balance considerations like protecting society from crime, he suggests that the state should acknowledge its complicity and work towards reducing inequalities to maintain its moral authority in punishment.
The challenges to the state's moral authority
Victor Todros acknowledges that not everyone agrees with the idea that the state lacks moral authority to punish. Some argue that there is no need for standing and that it is appropriate to hold people accountable based on their moral responsibility alone. However, Victor contends that standing can lead to a more morally robust approach, where individuals also hold themselves accountable for similar actions. He stresses the importance of self-reflection and acknowledging one's own involvement in wrongdoing when holding others accountable. By considering the relationship between one's own conduct and the conduct of others, a more fair and balanced approach to punishment can be achieved.
The significance of determinism in punishment
Victor Todros explores the implications of determinism on theories of punishment and moral responsibility. He argues that while determinism poses challenges to traditional notions of desert, it does not completely undermine the state's ability to punish. Victor's theory of punishment, known as the duty view, asserts that individuals acquire duties as a result of wrongdoing, which justifies punishment. While deterministic factors may weaken the notion of desert, the state can still impose sanctions based on the duties individuals acquire. However, the degree and justification for punishment in deterministic worlds might be different due to the lack of avoidability. Victor also raises questions about the fairness of sanctions and their efficacy in deterring crime in deterministic worlds.
In this episode, we talk with Victor Tadros about moral authority (or standing) and punishment. In particular, we ask about what it would mean for the state to be complicit in the behavior of criminal offenders and how that complicity might affect its standing to punish.