Legal scholar Francine Banner explores the shifting meaning of complicity, discussing its role in holding the powerful accountable and finding someone to blame. The podcast also delves into actions taken after an attack in 1964, challenges faced by women victims, and the complexities and implications of complicity in various contexts. It explores how complicity intersects with personal responsibility, societal intervention, and the impact of social movements. The episode concludes by discussing the challenges of dismantling systems and the growth of moral circles within social movements.
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Quick takeaways
Complicity holds both the powerful accountable and individuals responsible, but must not overshadow systemic change.
The modern use of complicity can be influenced by problematic scholarship on bystander apathy.
The legal system sometimes unfairly penalizes individuals with only peripheral involvement in crimes.
Deep dives
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Examining the Notion of Complicity
Legal scholar Francine Banner explores the concept of complicity and its different meanings. She highlights positive aspects of holding institutions accountable and exposing interconnecting systems of injustice. However, she also notes the potential for complicity to stigmatize individuals and limit pathways for rehabilitation. Banner argues for a nuanced understanding of complicity and the need to focus on systemic change rather than solely blaming and shaming individuals.
Why has the term complicity become so ubiquitous in recent years? Are we all complicit in the system that we live under? What use, or uses, does the notion serve? These are questions that legal scholar Francine Banner poses. She makes the argument that the term bears different meanings, sometimes holding the powerful to account and other times looking for someone to blame, rather than focusing on systemic change. She considers the shifting modern use of complicity — shaped in part by problematic scholarship on the uncaring bystander — and sees parallels in how the legal system severely penalizes those for even peripheral involvement in crimes.