Latest / Uncomfortable Conversations with Josh Szeps / “The Case for Assassinating CEOs” with Ethicist Tim Dean
Transcript
- 0:00Okay, humans welcome to the safe space for dangerous ideas and few ideas are more dangerous
- 0:08than the notion that a targeted assassination or terrorism, public executions and personal
- 0:15retribution can be permissible in a peaceful society if they achieve greater ends.
- 0:21This is something that seems to have been baked into so many people's responses to the
- 0:25assassination on December 4th of the CEO of United Healthcare, one of the biggest private
- 0:30health insurers in the United States, brazenly on the streets of New York City.
- 0:36The CEO's wife calls it a senseless killing, but senseless isn't exactly right, not if you
- 0:44pay attention to the way that people are reacting, especially on social media.
- 0:49There was a lot of consternation and gloating at the same time, a lot of a sense that this
- 0:55is a moment when Americans have to reckon with the moral seriousness of what the private
- 1:01health insurance industry is up to, specifically CEOs like Brian Thompson, who had taken such
- 1:07an aggressive approach towards maximizing profits and denying claims, deploying even things
- 1:12like artificial intelligence to identify the most lucrative ways to deny coverage to their
- 1:18customers.
- 1:20All of the chatter around this had always been qualified with a line like, or almost
- 1:26always, assassinations of course are terrible and murder is never justified, but, and that
- 1:32word but has been banging around in my noggin and doing an enormous amount of work.
- 1:39Why do we feel the need to reflexively invoke the murder is never justified, claim?
- 1:46If we're then going on to say that the things that this victim did were beyond the pale,
- 1:54I had initially also ruled out any consideration of the question about whether or not murder
- 2:02could ever be justified.
- 2:03It sounds embarrassing even to broach this subject because it's so obvious the kind of blowback
- 2:08and misinterpretation that can come from it.
- 2:10So let me say right now, murder is never justified in my opinion, but you have to sort of
- 2:15also wrestle with why.
- 2:19You have to sort of also wrestle with the points that are being made in things like the
- 2:25Unabombers manifesto by Ted Kaczynski that the alleged suspect of these shootings had
- 2:31read apparently and admired.
- 2:34Why is it that a person could preside over an organization that unleashes calamitous
- 2:41harm against individuals and be so morally blameless that any retribution is primafaceae
- 2:49unjustified?
- 2:51So I had been thinking, yeah, of course, murder is bad.
- 2:54Of course, these people are all being silly online.
- 2:57And then I read some stats about what this CEO had done to United Healthcare.
- 3:03The company's share price when he took over in April of 2021 was $370.
- 3:10He's taken it up to $6.30 from $370, not quite doubling, but pretty good.
- 3:17They made $16.4 billion in profit last year and he was paid $2.10.2 million, 10.2 million
- 3:24rather.
- 3:25There have been numerous reports by journalistic outlets like pro-publica on the ridiculous
- 3:32trouble that the company has gone through so that it can deny claims like one to a chronically
- 3:37ill man who had all sorts of very coverable medical problems.
- 3:41There's been a Senate committee into United Healthcare saying that they systematically deny
- 3:47solid claims from Medicare Advantage patients.
- 3:50These are older Americans to pad their margins and that they do so with the help of artificial
- 3:56intelligence.
- 3:57There was a lawsuit last year against United Healthcare brought by a chronically ill college
- 4:01student who says he was saddled with $800,000 in medical bills when his drugs that were
- 4:07prescribed by his doctor were denied.
- 4:11United Healthcare is currently fighting a class action lawsuit on the basis of the claim
- 4:16that it uses artificial intelligence to end treatments too early.
- 4:22Critics of the system and the company in particular say that their profits come in part due to
- 4:26suffering by ordinary Americans.
- 4:29They point out that United Healthcare was rated the worst insurer for denying claims.
- 4:34They turn down 32% of all claims.
- 4:37So you get insurance.
- 4:38You get health insurance with United Healthcare.
- 4:40There's a one in three chance your claim will be denied.
- 4:42That's twice the industry average of 16%.
- 4:46Like all American insurers, they undergo this ridiculous process of what's called prior
- 4:50authorization, which doesn't exist in most other developed countries where patients and
- 4:54doctors have to get permission from an insurer before a medical procedure takes place.
- 5:01So how bad would an executive have to be for it to be okay to step outside the institutions
- 5:11of democracy and try to make him pay in some way, even if it were far, far short of assassination.
- 5:21And how do we enact social change in the context of murder always being wrong?
- 5:28If you haven't been online and you haven't been following the reaction to this or you're
- 5:30outside the United States and this is all kind of news to you, I'll just put some flesh
- 5:34on the bones of what the reaction has been, a commemorative Facebook post by the United
- 5:40Health Group, the parent company of United Healthcare, saying, you know, I helped thoughts
- 5:45and prayers go out to Brian Thompson, his family, racked up more than 77,000 laughing emojis.
- 5:55Other social media users posted counter condolence messages like my empathy is out of network
- 6:04or I'm sorry, prior authorization is required for thoughts and prayers.
- 6:10The bullet casings from the bullets that apparently took his life were inscribed with permanent
- 6:18marker that said, depose, deny and delay, that seems to be a reference to a common anti-private
- 6:26health insurance slogan, delay, deny, defend, which is basically a three word summary of
- 6:31the tactics that insurers use to avoid paying out clients in the United States, delay dealing
- 6:36with a claim, deny, the payment and defend the decision in court.
- 6:43Another person who responded to the shooting was a Columbia University professor, Anthony
- 6:48Zankas, who posted on Twitter and this post has been liked more than 100,000 times.
- 6:54Today we mourn the death of United Healthcare CEO Brian Thompson, gun down, dot, dot, dot,
- 6:59wait, I'm sorry.
- 7:01Today we mourn the deaths of the 68,000 Americans who needlessly die each year so that insurance
- 7:05company execs like Brian Thompson can become multimillionaires.
- 7:11Some of the backdrop to this is that in the 1990s, the consulting firm McKinsey and company
- 7:16developed new strategies for how private health insurance in the United States could become
- 7:20more profitable and how they could more effectively reduce their costs.
- 7:25Computer systems were designed to generate low ball offers for clients who were basically
- 7:30told to either take it or take them to court.
- 7:35In 2005, the state of Louisiana took on McKinsey, the consulting company and the insurers
- 7:40who it worked with, one of whom was United Healthcare, arguing in their court case and I'll
- 7:45quote from the court, uh, lodgement here from the state of Louisiana, saying that McKinsey
- 7:51quote, engineer to strategy that undervalued insurance claims, allowing insurance companies
- 7:55and their shareholders to reap the profits.
- 7:58Initially McKinsey advise insurers to stop what's called premium leakage by undervaluing
- 8:04claims using the tactics of denied, denied delay and defend.
- 8:08As a result, many insurers began hiring McKinsey.
- 8:12The claim is that United Health staff were pressured to follow an artificial intelligence
- 8:17algorithms calculations on when to cut off rehabilitation care for elderly patients.
- 8:25Which brings us, I suppose, to the alleged suspect in this case.
- 8:31The New York Times reports that after sifting through some of his online activity, there
- 8:37was a review that he made, a positive reflection or reposting of a post about Ted Kaczynski's
- 8:47unabomber manifesto on which an individual had written, which was subsequently reviewed
- 8:53favorably by the suspect.
- 8:55We live in a capitalist society.
- 8:57I've found that the medical industry responds to, though, to these key words far more
- 9:01urgently than you're describing unbearable pain and how it's impacting your quality
- 9:05of life.
- 9:06These words meaning that you should tell your doctor if you have a, uh, an illness that
- 9:10is preventing you from working rather than causing your unbearable pain.
- 9:15Because if you say you're prevented from working, they're more likely to treat you.
- 9:19And the insurer is supposedly more likely to cover you.
- 9:22Not saying that's true.
- 9:23Not saying that this is what the suspect was talking about favorably online.
- 9:30In that passage online, the suspect quoted what he described as, quote, interesting remarks
- 9:35from someone who had written about how companies have zero qualms about burning down the
- 9:40planet for a buck.
- 9:42So why should we have any qualms about burning them down to survive?
- 9:49The passage went on, quote, peaceful protest is outright ignored.
- 9:53Economic protest isn't possible in the current system.
- 9:57So how long until we recognize that violence against those who lead us to such destruction
- 10:02is justified as self-defense.
- 10:07If you know me and you know this show, you know that nothing, uh, nothing tempts me more
- 10:13than trying to broach an impossible subject.
- 10:15So rather than just taking it as a given that murder is wrong, I want to understand why
- 10:21it's wrong and under what circumstances it would not be wrong so that we can properly
- 10:25appreciate some of the ideas that are fueling the far right and potentially contributing
- 10:30to a breakdown of law and order.
- 10:33Tim Dean is the senior philosopher at the ethics center, which is a nonprofit that fosters
- 10:38moral conversations about everyday life.
- 10:40He has a PhD in philosophy, he has an expertise in the evolution of morality.
- 10:46He runs philosophy and ethics workshops for businesses.
- 10:49He's a public philosopher and science writer whose first book is called How We Became Human,
- 10:54which is about how our evolved moral minds are out of step with modern world.
- 10:59Tim Dean is the perfect person to wrestle with these ideas with Tim Dean.
- 11:02Thanks for being here.
- 11:03Thanks Josh.
- 11:04Good to be chatting to you.
- 11:06Is it ever justified to kill someone for a greater good?
- 11:11Hmm.
- 11:12Yeah, we go straight in.
- 11:14Yeah, look, I mean, I should preface this by saying, and this will be just like a footnote
- 11:20that'll go under everything that I say, which is that naturally philosophers have thought
- 11:25a lot about this question and they disagree.
- 11:27But there are different ways that we can unpack what it means because I think what's useful
- 11:31about the philosophical approach is we don't just take a gut reaction or a sense of
- 11:38outrage or justice to be sufficient.
- 11:39We try to find some good reasons.
- 11:41And there have been some who've said, yeah, there are some good reasons to kill in situations
- 11:49where there are bigger issues at stake where not killing would become a problem.
- 11:56So one way that some philosophers have talked about this is what kind of conditions should
- 12:02we have in order to justify violence or killing somebody.
- 12:08And there's a few that come up quite a lot.
- 12:10And I think a lot of philosophers would probably agree that this is some good questions to
- 12:14be asking ourselves before we get into this.
- 12:18And I mean, also just to put pause there, questions we should be asking ourselves, which
- 12:22kind of separates this decision-making process from a reflexive or a defensive mechanism
- 12:28or a gut outrage mechanism.
- 12:31Like these are the reasons and these aren't necessarily in a, in a, in a, hit of the moment
- 12:35situation, something we might be able to think through, but can we justify even after
- 12:39the fact?
- 12:40So here, here, just here a few, like in order to cause any harm to somebody else where
- 12:46murder or killing is the, the ultimate harm, we've got to have just cause.
- 12:51We've got to have a good reason to do it.
- 12:54And just cause is usually not going to be because I feel like it or because it benefits me
- 13:00in some way.
- 13:01There's got to be some kind of moral imperative that we can call on.
- 13:05So maybe this person, we might find a moral reason to say they deserve it.
- 13:09We can try to unpack what that means at some point.
- 13:12We could say that it, the cause is because if I don't do it, something even worse is
- 13:17going to happen.
- 13:18Like we can imagine a lot of situations and philosophers had or these thought experiments.
- 13:21But if this person has their finger on a trigger for a bomb that is going to imminently kill
- 13:26a thousand people and I can shoot them, then I shoot them.
- 13:31Another just, just cause might be survival, self-defense, to say that, you know, I have
- 13:37a right to protect myself.
- 13:39But it's not just having a just cause.
- 13:41We've got to then say, okay, let's say I've got just cause, let's say I've cleared
- 13:43that threshold.
- 13:44And I mean, there's a lot we could try to unpack there as well, but let's say we clear
- 13:48that threshold, then I've also got to satisfy another threshold of proportionality.
- 13:55Like would punching someone in the face, which is still causing them harm, is that going
- 14:00to be sufficient to satisfy the ends?
- 14:05Is that going to prevent the greater harm?
- 14:07Is that going to help my survival, whatever it is?
- 14:11And I, because I don't want to be disproportional, I don't want to blow the whole building up
- 14:15just to save another few lives on the outside.
- 14:18And then there's another threshold that we want to get to as well, which is necessity.
- 14:23Is this action of violence necessary?
- 14:26So let's say if there's somebody who we think is contributing to a systemic harm, like,
- 14:34you know, potentially affecting thousands of people, is a violent act necessary or is
- 14:40another act going to be just as effective in terms of preventing the harm that is motivating
- 14:44me in the first place.
- 14:45So right there, we've got three clauses that we can look to, three thresholds, just cause
- 14:50proportionality and necessity.
- 14:52And of course, even if you accept them, you can disagree about what goes on underneath
- 14:57each one of those.
- 14:58But that's a starting point.
- 15:00And I'm not saying that starting point discussed a lot when it comes to this particular murder
- 15:05in terms of that kind of language.
- 15:07Yeah, there's another, and this is probably part of, well, I don't know, you tell me where
- 15:12this falls.
- 15:13The reason I wanted to talk about this and the reason why I started wondering about it
- 15:18was because I heard another podcaster saying, look, it's obviously the case that the world
- 15:24will be worse if people do this sort of thing.
- 15:27Like, this is a person who was generally sympathetic towards the left wing criticism
- 15:30of people like this CEO, saying like, yeah, no matter how bad what he did is, it's obviously
- 15:37a worse world if we live in a world in which CEOs are being assassinated.
- 15:42And that was where I caught myself and thought, well, hang on, are we sure, like just this
- 15:48place I was advocate for a moment, if you lived in a corrupt corporate system where big
- 15:56insurance companies were in cahoots with the government to screw the little guy, hypothetically,
- 16:03would it be a worse world if those people felt slightly less impunity, let's just take
- 16:09the AI example.
- 16:10Right?
- 16:11Let's suppose that there's a CEO who has deployed an AI that will reliably cause misery
- 16:16and death for 10% of their customers but raise the company's profits and that he is able
- 16:22to collude with governments to pull this off and is shameless about it.
- 16:28Is it necessarily a worse world if those CEOs have to be slightly less shameless about
- 16:32doing such things because they have a higher degree of concern for their personal safety
- 16:36and have to spend more on personal security?
- 16:39Yeah, is it going to be a better world?
- 16:43And is that even the right question to ask?
- 16:45I mean, I was just responding to that.
- 16:47Obviously, that's a consequentialist question, right?
- 16:49And we can talk about the difference between, you know, this guy has a right to continue
- 16:53living.
- 16:54I mean, you know, like if you want to be Cartier about it, like in fact, shall we just
- 16:58put a, shall we just explain sort of these two broad ways of thinking about morality
- 17:02now?
- 17:03Yeah, sure.
- 17:04Like two of the big tools in the ethical toolkit that have been developed by thinkers for,
- 17:08you know, centuries, broadly fall into the kind of means view and the ends view.
- 17:14What justifies our action?
- 17:16Is it the means that we take to get to that action, which you could call the Kantian view
- 17:20or I'm helpfully jargonistically the deontological view, which says that what makes something the
- 17:26right thing to do is that it adheres to a principle or a duty or a rule.
- 17:31And so, you know, we have a rule.
- 17:33Don't lie to people, you know, don't cheat them, don't kill them, don't murder them.
- 17:39How do you know you're doing the right thing?
- 17:40You're following those kinds of rules.
- 17:42But we can also think of lots of examples where lying to someone might produce a beneficial
- 17:47outcome.
- 17:48So then we start to think about the ends.
- 17:49And that's the consequentialist view.
- 17:51I love it.
- 17:52Philosophers actually named it for what it is.
- 17:53It talks about the consequences and the outcomes.
- 17:55And utilitarianism is probably the most famous version of that because when you talk about
- 17:59the outcome, you say, I'm going to do something, what impact is it going to have upon the
- 18:03world?
- 18:04Is that good or bad?
- 18:05We need to decide, well, what impact matters?
- 18:07Some people talk about pleasure, some people talk about happiness, some people talk about
- 18:11preventing suffering, utilitarians bundle a whole bunch of different things into this
- 18:16one term called utility.
- 18:18And so they're like, okay, we can measure the utility of the world, well, okay, if we
- 18:22can measure the utility of the world to say, I can do something and it's going to increase
- 18:26a bit of freedom and happiness and reduce suffering, that overall increases the utility.
- 18:31That's what I should do.
- 18:32But again, we can think of examples where I could increase the utility of the world by
- 18:38violating a lot of moral rules, like, you know, even go back to like, I don't know,
- 18:44Plato and his noble lie to say, you know what, if you just lie to your entire public and
- 18:50give them some false narrative that binds them together and makes them a coherent community
- 18:54and they're all lovely and they're cooperative, you know, that could kind of make a better
- 18:58world.
- 18:59But you're also just like fabricating an entire mythology that is bullshit, that you're
- 19:04trying to get everyone to buy into.
- 19:06And a lot of people would be uncomfortable about that.
- 19:08So they're the two kind of broad schools of thought.
- 19:10What's more important, the means or the ends?
- 19:12And we should probably, I guess, just, you know, admit that this conversation is largely
- 19:16going to take place in a consequentialist frame because if you are a deontologist, there
- 19:21is no starting place for this conversation really because a murder took place and murder
- 19:24is against the rules and therefore it's against the rules and come to me, deontology becomes
- 19:30almost a circular, a total logical thing.
- 19:32Like by definition, murder is bad.
- 19:34Therefore, there's no point in even asking about it.
- 19:36But that doesn't get us very far in terms of people's intuitions.
- 19:39And it's not, you're not going to dissuade the Ted Kaczynski's of the world or, you
- 19:43know, whoever shot this CEO by saying murder is wrong because they're going to go, well,
- 19:47then why does he get to lead?
- 19:49Why does this CEO get to cause even if indirectly the deaths of lots of people?
- 19:54But it's happening inside of a structure of institutions that permit it.
- 19:58I mean, it almost reminds me to him a little bit of the distinction we make between terrorism
- 20:03and war.
- 20:04You know, we get to declare war on Iraq and go in and kill a million people and Dick
- 20:10Cheney can live happily ever after.
- 20:13But if one of those Iraqis tries to resist the occupation by blowing up a, you know,
- 20:18a, a Humvee, that's terrorism.
- 20:22Or, you know, look at Israel and Gaza or something, they can, they can kill with impunity,
- 20:25you know, or lead to the deaths of an unacceptable number of Palestinian babies.
- 20:31And that gets coded as warfare.
- 20:33I mean, many people do object to this, but this is precisely the point that they're making.
- 20:36Why does that get coded as warfare as legitimate because it's warfare?
- 20:40But retaliatory attack that was much smaller, but targeted civilians would not like the,
- 20:47the fact that the war reliably leads to the death of civilians should count for at least
- 20:51almost as much as the intentional targeting of civilians and, and by that same logic,
- 20:56the fact that a healthcare company's policies to drive up at stock price are reliably going
- 21:02to emiserate people should count for something in the moral calculus alongside extrajudicial
- 21:09killings.
- 21:10Yeah, yeah, yeah, look, and there's a lot, there's a lot there to want back.
- 21:14So I think when we think about the difference between justified violence and unjustified
- 21:21violence, we would like to think that there are organizations, there are boundaries, there
- 21:26are perhaps institutions that have brought on board in the case of war, for example, just
- 21:32war theory, which talks about just cause proportionality and necessity, and that there is a kind
- 21:37of a check and a balance on that so that we're not relying upon an individual to unilaterally
- 21:41make a decision about these things, but there's a system with an ability to correct it and
- 21:46all that kind of stuff.
- 21:47We want to think that's the case, but we know that that's not always the case.
- 21:51And then you could argue that there are some terrorist organizations as well that have
- 21:55systems and principles and rules and say, here's what we're going to do and here's
- 21:59what we're not going to do.
- 22:01So there is an element of, it's not entirely arbitrary, but there's an element of kind
- 22:05of partisanship in terms of the narrative that we present towards particular types of violence
- 22:10based upon the side that we're on and the side that we are we're rooting for.
- 22:14And so, but putting that aside, I also, there's an interesting distinction as well when it
- 22:19comes to intention, because, and philosophers draw this distinction as well, and it's
- 22:24often, again, the kind of jargon is the doctrine of double effect.
- 22:29It's the idea that it is wrong to intentionally harm somebody for an unjustified end.
- 22:38It may even be wrong to intentionally harm somebody for a justified end.
- 22:43So if, for example, a military says there's a few terrorists tidying in a hospital and
- 22:47we are going to intentionally destroy this hospital, knowing that there are innocent
- 22:51and civilian people in there.
- 22:53And we know as a byproduct of that, we're going to prevent, you know, a resource hub or
- 22:57something for the terrorists.
- 22:59We would say the intention to attack a hospital and intention to attack innocent people
- 23:04is wrong.
- 23:06But if you flip it around and you say, no, our intention is to prevent something really
- 23:13bad from happening or to punish a really, you know, guilty individual.
- 23:17And we know that by doing that, there's going to be a side effect that we're going to
- 23:19be harming some other people.
- 23:21So there's going to be collateral damage.
- 23:23But we're not intending to hurt anybody who's innocent.
- 23:26It's a side effect of our action.
- 23:27It becomes psychologically and in some philosophers think it's more justifiable to do that action
- 23:35if it's going to, as a side effect, hurt other people.
- 23:37So here, for example, let's draw a distinction between drawing a gun on a healthcare CEO
- 23:43with the intention to kill.
- 23:46And through the killing, the side effect is going to be one might hope or the killer might
- 23:52be hoping to change the system and prevent a lot of other harm compared to the CEO, who
- 24:01is intention is to raise profits or to respond to, you know, commercial pressures or to
- 24:06whatever that kind of things or to provide a certain level of healthcare and unintentionally,
- 24:11but knowingly, this is going to harm a lot of people.
- 24:15There can also just be a difference between, between those two.
- 24:18I mean, take it or leave it, right?
- 24:19Some people will say that's not, not enough.
- 24:21But it's really problematic because there are going to be situations where we want to
- 24:26permit doing something that is going to unintentionally harm other people and say that's the right
- 24:31thing to do.
- 24:32And we are not willing to permit an intentional harm with the side of the effect.
- 24:36And look, and our intuition guides us towards that difference.
- 24:40I think we clearly believe that, I mean, there's a reason why we have murder versus manslaughter,
- 24:44right?
- 24:45Or, you know, why intention matters and the men's rarer of the criminal matters in law.
- 24:51I would just note that the critique of that would be that that's a distinction that
- 24:57favors the powerful always because when you're powerful, you get to deploy things in such
- 25:03a way that you can cause untold, you can wreak unhold, untold havoc.
- 25:08Your levers are just bigger.
- 25:10And therefore you can press a button in Washington, DC and a chemical factory, you know, can
- 25:15explode on the other side of the world, which may or may not have been producing chemical
- 25:19weapons.
- 25:20And you reliably know that hundreds of civilians are going to be killed in that.
- 25:25But it wasn't your intent.
- 25:27On the other hand, the powerless person who straps on a backpack bomb and blows up a bus
- 25:34whilst morally reprehensible has no other tools of power.
- 25:38Like that is the only card they're holding in their hand.
- 25:41So the so the intent thing, I can imagine the powerless looking at that and going, yeah,
- 25:47nice story, bro.
- 25:49Yeah, look, and power, let's go there, right?
- 25:51Because power, I think, is often neglected in these conversations around ethics.
- 25:55There's a temptation and I think a lot of ethics has fallen to this as well.
- 25:59There's a temptation to say, look, if we can just find the right reasons, explain them
- 26:03to people and have people accept, yeah, these reasons, these values, these principles
- 26:06of what we should be following, then people will just do the right thing.
- 26:10But power always gets in the way.
- 26:13Power not only changes what we're capable of doing and what we are prevented from doing.
- 26:18But it also gives a kind of a license to those who set the narrative around what is good
- 26:23and bad, to be able to inhibit other people to be able to do what is in their personal ethical
- 26:29stance.
- 26:30And this is something that's made me really uncomfortable around the whole Thompson murder
- 26:35is, I mean, I'm in favor of law and order in principle when law and order is protecting
- 26:44kind of civil society where we are able to live without the threat of unilateral violence
- 26:50against people who others might find morally repugnant because someone's going to find
- 26:55me morally repugnant.
- 26:56And I don't particularly want them to have the ability to just, you know, gun me down.
- 27:00So this is the bargain that we have in civil society is that we're going to try to resolve
- 27:04our differences through means other than violence.
- 27:07And so we delegate violence to, you know, the institutions with checks and balances to
- 27:11be able to do that, you know, but in the situation like this, I felt uncomfortable by appealing
- 27:18to the law and order response to say, you know, this is wrong and we should catch the killer
- 27:25and punish them appropriately.
- 27:28If the law and order response is the thing that is now just protecting a corrupt system,
- 27:33is protecting a system that not only, because there's a double layer of corruption, there's
- 27:37not only about a system that causes or doesn't prevent harm, it's a system that doesn't
- 27:43allow itself to be changed.
- 27:44And this is a key part of this civil bargain to say, I'm going to give up my right to
- 27:48shoot other people.
- 27:50If they give up their right to shoot mine, if we've got some organization that's going
- 27:53to watch over us and use force to prevent things bad, you know, from happening.
- 27:59But if that system itself is open for me to be able to criticize it, change it, make
- 28:03sure that it's working is intended and if it's not working is intended, I need to have
- 28:07civil means to be able to rectify that.
- 28:10And in the absence of those civil means to make the system work, to make it just, then
- 28:18I'm worried that going to the standard of thing of saying, yeah, law and order is the right
- 28:22response here is still failing because the civil bargain has been, they've already failed
- 28:30on the civil side, on the institutional side.
- 28:32So who am I actually supporting here?
- 28:34Am I just now entrenching the harm that's caused by corrupt organization?
- 28:39Yeah.
- 28:40And I mean, you know, even though a lot of the criticisms of the healthcare industry in
- 28:44the wake of the assassination have come from the left, what you're pointing to is really
- 28:49resonant with the revolution that's happened on the right from a small sea conservatism
- 28:54of the, you know, the George H. W. Bush era, I guess, or the Reagan era institutionalists
- 29:01elite elites really to the kind of far right, both the far right in Europe and also the
- 29:07make America great again, kind of Trump movement is a really counter institutional.
- 29:12I mean, look, appointing, you know, someone who hates the FBI to run the FBI, for example,
- 29:16is, you know, one of Trump's moves now.
- 29:20It's a counter institutional anti elite movement that is obviously growing out of a sense, especially
- 29:25in America, but sort of everywhere, that actually the, the tools that we would normally use
- 29:31to enact our will on those systems and make them democratically responsive and reactive
- 29:36are broken.
- 29:37We're pulling levers and nothing's happening like there's just a cabal of people, of rich
- 29:42people and powerful people who are making decisions for us.
- 29:45And at that point, that's when I think the, the plausibility or the credibility of ideas
- 29:52like the ones that were sort of tiptoeing around become more, you know, loom larger for
- 29:57people, become more viable for people and that opens the door to violence.
- 30:02I mean, you can imagine a scenario, you can think of a society like Chile under Pinochet
- 30:07or some other right wing authoritarian that leans on the importance of upholding institutions
- 30:13and law and order as a way to screw everybody over.
- 30:17You can imagine a hypothetical in which like let's just play with the dials a little bit
- 30:22Tim on the actual scenario here to see where we get to a point at which public harm or retaliation
- 30:30could be morally permissible.
- 30:33Like let's suppose that insurance companies in America were in cooots with doctors at hospitals
- 30:40to provide them with kickbacks to terminate early expensive patients' lives who are in
- 30:45the hospital.
- 30:46We all, we know the patients never going to leave.
- 30:48They've probably got another eight months lying on life support.
- 30:52Let's just make that three months or two weeks and you get a holiday in the Bahamas courtesy
- 30:58of the health care, the health insurer, right?
- 31:02The families of those victims be permitted to step out of the democratic institutional
- 31:09system and say it's not good enough for you to expect me to write letters to my congressional
- 31:16representative or my senator about this.
- 31:19I want to what send threatening letters about the CEO's children to him.
- 31:27We contaminate the fuel supply of his private jet so that it encounters problems in the
- 31:33air and has to make an emergency landing somewhere, inconvenience him in some other way, replace
- 31:39his organic meals with slightly poisoned meals that will decrease his life expectancy
- 31:46by a few months or years.
- 31:49Like is all of that out of bounds because we all have to play by the rules?
- 31:53Yeah, look, let's play with that, right?
- 31:55Well, let's say the letter writing campaigns have come to naught, let's say that I keep
- 32:02voting and nothing ever changes.
- 32:04Let's say that I'm trying to do the right thing and I'm trying to protect even like, protect
- 32:11the life of a loved one and I'm sure there are many people in the United States who felt
- 32:15exactly that feeling of saying I'm outraged because I loved one, I is suffering and potentially
- 32:21dying because of this.
- 32:23What can we do?
- 32:24Let's say on those three clauses that I had before, we've got just clause, we've got proportionality
- 32:29and we've got necessity, we've got just cause to do something.
- 32:34And so what do we do?
- 32:35Let's look at the proportionality and this is the question it's going to is like, where
- 32:38do we draw that threshold?
- 32:39And I've got to say there isn't, there is a really useful distinction between violence
- 32:45and force.
- 32:47There was a, I was reading a paper where in the, in the US in 1969, there was a student
- 32:54sit-in that were occupying an administration building and a bunch of high-level university
- 32:59people, the deans were, were trapped within and the deans were escorted outside by security
- 33:04and someone on the side of the deans yelled out, you're using violence against these university
- 33:09people.
- 33:10And someone in one of the student predators was like, no, we're not.
- 33:12We're using force.
- 33:15Force is a form of coercion.
- 33:17We are changing someone's behavior in a way that they wouldn't automatically behave that
- 33:24way.
- 33:25We're pushing them to behave in a different way.
- 33:26Man, if they think we're dragging people out physically is not violence, they should
- 33:29get a load of the social justice warriors on campus these days who say that words of
- 33:33violence.
- 33:34Well, so this is where in the 1960s, the discourse and the change in the usage of the word
- 33:40violence hadn't expanded.
- 33:42And so there was a push to change the nature of violence, to not just talk about an individual
- 33:49actor, but to talk about systems, take it all leave it.
- 33:52I'm not sure that's a useful change of language.
- 33:55Right.
- 33:56And you'll also often hear, far leftists, to deny that property damage is violence.
- 34:01I think in common parlance, we would think about a brick through the window of a shop
- 34:05as being violent, but you'll often hear communist people who still use the label of
- 34:11communist saying that's not, you know, attacking property is not violence, attacking humans
- 34:15is violence.
- 34:16Yeah.
- 34:17And it becomes a matter of semantics of like, where do we draw the line around violence?
- 34:20I mean, if you just define violence as being like an aggressive sharp act to cause damage
- 34:26and harm, I mean, you know, you could, you could do that more widely or you could, you
- 34:29could shrink it down.
- 34:30But force, I think, is useful because force, violence is a form of force because you're,
- 34:34you know, you're co-using someone to change in the behavior, maybe ending their behavior
- 34:38and ending their life in a way that they wouldn't do automatically.
- 34:42And so there are lots of ways that we can force people to change their behavior, to protect
- 34:48people we love or to, to, to fix the systemic injustices or whatever that is.
- 34:55And I think you could justify it.
- 34:57You could set that bar to say, I'm going to step in and do something to force someone
- 35:02to stop harming a family member, I'm going to, you know, you could even say, I'm going
- 35:07to pick it their place of work so they're not even able to function effectively so they
- 35:11can't do the act to, to be able to prevent it.
- 35:14I'm going to let down their ties so they can't get to the place they would need to get
- 35:18to to cause the harm that they, you know, I think all of those kinds of step levels where
- 35:22you're saying, I'm not exercising more force because you get that other clause which is
- 35:26necessity.
- 35:27I'm doing just what is necessary and I'm still exerting force and still making them
- 35:31do something they don't want to do.
- 35:32I'm still harming them in some way, but it's not necessarily stepping up to, to violence
- 35:38because I mean, we, when you step to violence outside of the state, when individuals get
- 35:46their hands dirty by acting on violence, this is, I think this has been discussed, but
- 35:51I'll say it again.
- 35:53The danger is you're taking that decision to enact violence out of a hands of an institution
- 35:58ostensibly with checks and balances.
- 36:00May or may not be using them, but ostensibly there's some process to decide whether violence
- 36:05is warranted and putting in the hands of an individual and the problem of putting in
- 36:08a hands of an individual, particularly in the increasingly fragmented and tessellated
- 36:13and diverse moral and social world that we live in today, is the moral agent can be willing
- 36:20to sacrifice anything or to kill anybody in order to see their, their will done.
- 36:25And that's too much power to be putting in the hands of people who don't have the checks
- 36:28and balances around them.
- 36:30So, so setting, we don't, we don't want that bar to be set so low that violence goes into
- 36:35that breakdown of the civil bargain to say, now it's up to me to defend myself.
- 36:40I mean, this is why I think, yes, I finished that.
- 36:43Well, just, just that the quick little thought is, this is why I think this story is so
- 36:46interesting.
- 36:47It's such an American story.
- 36:49It's about this systemic failure of healthcare systems, such an American thing in the
- 36:53modern world.
- 36:55It's about the failure of politics to correct this system, which is also an American thing.
- 36:59I mean, Americans hate Congress and yet it's just, they, they feel unable to change it.
- 37:05It's also a very American story to take things into your own hands.
- 37:08I immediately thought about that Michael Douglas film falling down from the, from the 90s,
- 37:14where this guy is just trying to get home to see his daughter and everyone, the system
- 37:18keeps getting in his way and he keeps trying to do the right thing and he eventually gets
- 37:21more and more violent as he's trying to do it.
- 37:24And we don't, we, we see him as an anti hero, but he's still, there's still a hero there,
- 37:27right?
- 37:28It starts with the burger at the, at a burger joint, which doesn't look like the beautiful
- 37:32picture of the burger on the sign and he gets this sloppy thing and starts beating the
- 37:37place upright.
- 37:38The great line in that movie is his final line when Robert DuVille, who plays the cop,
- 37:43has him in a showdown and finally has him cornered at Michael Douglas looks at him and goes,
- 37:48I'm the bad guy.
- 37:49Yeah, right.
- 37:52And this is what I don't, I don't want to, I don't want people to be in that situation,
- 37:56right?
- 37:57But if they're in that situation and I'm the one they're pointing the gun at, I don't
- 38:00want them thinking, am I the bad guy after they've shot me?
- 38:03Right.
- 38:04So, so that's, that's where we want to set the, the bar high.
- 38:07But yeah, what can we, what can we be, what can be permissible?
- 38:10I think exerting force and there, there's a lot of literature on civil disobedience as
- 38:15a form of coercive, you know, forcing an institution to change or that kind of thing.
- 38:22But the difference, and this is a really key difference, maybe we could talk about this
- 38:25a bit more as well, is unilateral action, only by definition requires one person to execute
- 38:31that action, whereas civil disobedience is a collective action and you need a lot of
- 38:35people to move at the same time to make something happen.
- 38:39And that's much, much harder to do, I would say, I've said before, I actually think we've
- 38:43got solutions to most of the world's problems.
- 38:45We know, actually, I think a lot of Americans know how to fix the healthcare system, what
- 38:49they can't do is solve the problem of how to get enough people moving at the same time
- 38:54in order to get the, overcome the inertia to make that happen.
- 38:58And so, I think today in today's world, another thing that's contributing to the breakdown
- 39:02and encouraging interlateral action is the fragmented nature and the polarized nature of, of society
- 39:08means that it's harder to get a big enough group of people to move at once to actually
- 39:11have enough force to overcome the inertia to change things.
- 39:15Let's just pause there on unilateral action then, because the whole argument of the terrorist
- 39:21or the assassin in these kinds of situations when we're talking about a crusader type mentality
- 39:26and not just a nihilist, but someone who's trying to presumably achieve something, their
- 39:31revolutionaries, right?
- 39:33And their argument would be that the institutions aren't like, it would sound to them like what
- 39:38you're saying is that no revolution is ever justified, right?
- 39:42Like that no attempt to step outside of the institutions is ever justified unless it
- 39:48is peaceful.
- 39:49But like, was the first interfada in Gaza, you know, where people rose up on mass, you
- 39:57know, and tried to push back against their occupation, justified, like, was the American
- 40:03revolution or the French revolution justified these were, this was people taking into
- 40:09their own hands a commitment to do, to commit violence in the interests of overthrowing
- 40:14an unjust system and implementing something better.
- 40:16Yeah, and let me stress that while I would always be in favor of peaceful or non-violent
- 40:24resistance where that can work, there will be certainly places where it won't work, where
- 40:31the system is corrupt, the system is not only corrupt and unjust and harmful, but it
- 40:37does not allow itself to be corrected.
- 40:40And even non-violent action is not going to do it.
- 40:42So yes, violent violence can be justified, collective violence can be justified.
- 40:46But when you look at the French revolution, you look at the, you know, the American revolution,
- 40:51you usually have a group of thinkers agonizing over what we should be doing and how we should
- 40:58be doing it.
- 40:59And trying to temper the violent outburst, the outrage motivated violence that could easily
- 41:08take over a mob, to try to direct it towards constructive ends and we can see how fragile
- 41:14that is and how difficult that is, you look at the repercussions of the French revolution.
- 41:20So yeah, I mean, violent revolution is can be necessary when the system absolutely refuses
- 41:27to allow itself to be, to be changed.
- 41:30Right.
- 41:31But we know we're near that in the United States.
- 41:33And I mean, the other thing, less to be misunderstood, I'm arguing for the justness
- 41:39of this particular killing, which I'm not.
- 41:43The other thing that strikes me as useful in trying to wrestle through this is the recognition
- 41:49of the basic immorality, I think, of using another person as a tool to achieve your, your
- 41:59desired ends.
- 42:00Right.
- 42:01I mean, what's, what's strangely awful about the kind of terrorist or assassins mindset,
- 42:08this crusader mindset is that it takes an individual human being and it makes them an instrument
- 42:15essentially.
- 42:16Which is precisely what life, yeah.
- 42:18And it makes them an instrument for a higher and on what basis do you have the right to
- 42:24enroll that person into your vision of an America that has a more just health care system?
- 42:31Yeah.
- 42:32Like, I understand that you think that he's complicit.
- 42:35But what's your standing for, you know, enlisting his family in the mission of having to spend
- 42:41the rest of their lives grieving for their husband and father?
- 42:45Like that.
- 42:46It's, I don't know, help me, help me through the, the, the ethics of this because it reminds
- 42:51me and maybe this is an unfair comparison to make for towards Australian governments.
- 42:58But the thing that has always stuck in my crawl about the Australian attitude towards
- 43:03policing our borders is that we essentially make examples of people who tried to come
- 43:08here illegally on boats in order to deter other people and a plausible case can be made
- 43:14and is made by successive Australian governments that people's lives are saved on net by the existence
- 43:22of a very brutal Australian immigration regime where our Navy intercepts boats before they
- 43:28reach Australian waters.
- 43:30We bribe small Pacific Island nations to build concentration camps and we deposit those
- 43:34people in them and they rock there for the rest of their lives or they can be sent to
- 43:38other countries.
- 43:39But they're never going to set foot in Australia.
- 43:40The argument is that only affects several scores or hundreds of people and thousands
- 43:45of people don't die in hazardous voyages trying to get to Australia because the people
- 43:50smuggling industry dries up completely.
- 43:53It makes a certain utilitarian consequentialist sense.
- 43:58But there's something in the, in my gut that says you don't get to use people that way.
- 44:03You don't, once, you once they're in your care, you have a duty of care over them and
- 44:07they shouldn't be, you know, sowing their lips shut on hunger strikes in order to get
- 44:12your attention about what your government is doing to them, even if it leads to a net
- 44:17gain.
- 44:18They're not just tools to achieve another outcome.
- 44:23They have a sanctity in themselves.
- 44:25Yeah, and this is where the language you're using right now is the Kantian language.
- 44:31It is the deontological language, which is the temper to consequentialist language.
- 44:38So one of the principles that Kant and others would say is non instrumentalism.
- 44:44Do not use other people as an instrument to achieve an end that you want to achieve.
- 44:48And Kant families, he said, treat people as ends unto themselves rather than a means
- 44:53to an end.
- 44:55And it's particularly perverse when if people are sowing their mouths shut, that actually
- 45:00becomes more beneficial for the consequentialist view.
- 45:04Because the more images of people sowing their mouths shut, you can send overseas, the
- 45:08more it might dissuade people from trying to cross the borders.
- 45:12So this is where a deliberate or a being complicit in causing harm and using people setting
- 45:19an example.
- 45:20I mean, think about back to when we're all in school and someone asks maybe somebody
- 45:24else, you know, a bunch of people are talking, acting up or whatever, and the teacher makes
- 45:29an example of one person.
- 45:30I'm going to really punish this person hard in an unjustifiable way, because we know
- 45:35that they weren't the only person involved here.
- 45:37But that's going to set an example and start up other people from misbehaving.
- 45:42And that is, I don't have an answer to that.
- 45:46I actually don't have an answer to that because you go one way and the consequentialist would
- 45:51say, hey, look, if it reduces misbehavior, it reduces people dying in rickety boats coming
- 45:56to Australia, then it's worth it.
- 45:59But then the deontologist in me, and there are both of them in everybody, it's saying,
- 46:05I don't want to be using other people to achieve these ends.
- 46:10So I mean, like, so from the ethics center perspective where I work, we look at all of
- 46:13these different ethical theories, as well as things like virtue, ethics, and we look
- 46:18at existentialist ethics, and we look at the ethics of care that comes from Carol Gilligan.
- 46:23We look at all these different approaches that are often intentionally with each other
- 46:26and contradictory as a toolkit that you pull out.
- 46:29And you acknowledge when I'm using this hammer, maybe a screwdriver, you know, might have
- 46:33a different answer to this, but I can't just use a hammer to solve this kind of problem.
- 46:37And I mean, people hate it when I say this, but we have to just sit with an incomplete
- 46:45solution sometimes and have a conversation and continually revise and reflect and be critical
- 46:50and talk about it, but not be glib and not just fall into allowing knee-jerk reactions
- 46:57or emotional or outraged to be the only force that is making our decisions.
- 47:02We need to have good reasons.
- 47:04So yeah, the non-instrumentalism, I think, is a really important kind of feature of this,
- 47:10but there are sometimes where treating someone as a means to an end might be worth it.
- 47:15So it's not going to be a black and white.
- 47:16What would such a scenario be?
- 47:19Well, look, if, I mean, look, the easy would be, the easy example would be the guy with
- 47:25the trigger in the bomb, and I'm, you know, going to save lives by doing that.
- 47:32That's not making an example of him, is it?
- 47:35No, that's too easy.
- 47:36That's a direct consequentialist thing.
- 47:38I mean, I guess my mind goes to maybe the death penalty for drug importation in some
- 47:42Asian countries, maybe, but I still don't think it's a great idea.
- 47:46But, yeah, you know, having a very obvious public shooting of somebody who was importing
- 47:52the code.
- 47:53Let me give you an example where there's a really interesting discussion around what's the
- 47:58appropriate level of punishment that we should inflict upon somebody when they're done
- 48:01something wrong?
- 48:03And kind of, if you just take it on the really rarefied abstract way of thinking about
- 48:08the appropriate punishment, assuming that it works as a deterrent and all that kind
- 48:11of stuff, it's just like just enough harm to stop that person from doing it again so
- 48:16that it's not worth their time.
- 48:18Just enough harm that it's visible enough that other people will see that it's not worth
- 48:22their time to do it and all that kind of stuff, but no more.
- 48:25But even if you accept that, even if you accept that the deterrent factor of punishment
- 48:29is going to be useful there, you say, well, what if there are a thousand people committing
- 48:34a crime and they're really hard to catch?
- 48:37So you only catch one in a thousand people committing this particular crime.
- 48:42In order for it to be a sufficient deterrent, maybe we have to punish that person more,
- 48:47make an example of them.
- 48:49Because if we could just catch all thousand and just punish them a little bit or even
- 48:53catch 500 of them, punish them just enough, it'll be enough of deterrent that someone
- 48:56else thinks, well, I'm not going to get away with it.
- 48:58I'm probably going to 50, 50 chance I'll get caught and this bad thing's going to happen
- 49:01to me.
- 49:02So I won't do it.
- 49:03Tim, we just got interrupted by a digital glitch and so we froze for a moment.
- 49:08Part of this that intrigues me is the mindset of people who are kind of messianic in the
- 49:13way that they're trying to change the world, whether that's inside institutions, inside
- 49:18government, inside companies or outside it, like a renegade assassin.
- 49:23There's a very compelling kind of narrative, moral narrative that goes along the lines
- 49:29of, I'm willing to do the things that nobody else is willing to do.
- 49:33I'm the person who identifies the problem that everybody knows exists and nobody else
- 49:38has the stomach to take on.
- 49:40And I am one of the few chosen people who has the gumption to take it on myself and get
- 49:45my hands dirty.
- 49:47And you will all condemn me, but secretly you'll also love me.
- 49:52It I can feel the tug.
- 49:54Yeah.
- 49:55Well, I call this the Batman approach.
- 50:01So Batman, I mean, look, in comic book, people are going to have different views on this,
- 50:06but here's my riff.
- 50:07That's not the point of this conversation to the comic book nerds.
- 50:11Yeah, I know.
- 50:12No, it's the philosopher in me.
- 50:14Whenever I speak, there's like four other voices of people I know, kind of, well, actually,
- 50:17so I kind of have to just put them to the side for a moment.
- 50:20And then normally philosophers, in this case, they're people who read the book, you know,
- 50:23parts of them actually.
- 50:24Yeah, he actually.
- 50:27But the Batman thing, the way I think about Batman is like, so here's my, here's my
- 50:32view.
- 50:33Superman is a deontologist, Batman is a consequentialist, Superman is really powerful.
- 50:41He can do anything.
- 50:42So what defines his moral view are the limits that he places on his actions, the duties that
- 50:49he feels like he is bound to, and the restraint that he exercises based upon principle.
- 50:58And Batman, though, is working in a corrupt system in a place that's, you know, run by
- 51:04crime gangs and all this kind of stuff, nothing's being done about it.
- 51:08And he's like, I'm going to do something about it, but in doing so, I'm going to compromise
- 51:14certain things that I care about.
- 51:16I'm going to turn myself into a monster.
- 51:18I'm going to use violence to get these ends.
- 51:21I'm going to go outside of the law.
- 51:23I've already decided that the law is not enough.
- 51:25I'll work with when I can, but I'm not going to kind of just, I'm not going to lobby and
- 51:30vote and use my enormous wealth to create good.
- 51:33I'm going to go and get my hands dirty in order to do the right thing.
- 51:39And so he's in a way.
- 51:40He's his figure.
- 51:41He's saying, I will become the monster to make the world a better place.
- 51:45So that you, you don't have to.
- 51:49And that's all good and well until you get Batman's rivals and villains who often have
- 51:55the same kind of idea.
- 51:58But their morality is a little bit different, and they're in lies problem.
- 52:01But the dirty hands, I think, is, the dirty hands kind of vigilante is a narrative that
- 52:05I think we all kind of understand.
- 52:07And sometimes we, we want, and there's a bit of cowardice in us saying we want it because
- 52:11it's like, we're not willing to do it.
- 52:13We're not willing to go and get our hands dirty to see justice done.
- 52:18But we're willing to applaud someone who does have the courage to do that.
- 52:22Your point about the villains is, is reminds me of one of the great villains of the 21st
- 52:27century cinema, which is the Heath Ledger version of the Joker in the Dark Knight, who is
- 52:33a counterpart to Batman and, you know, goes one step further and says, you think that
- 52:39you're so high and mighty because you're fighting crime.
- 52:43But in reality, nothing matters and even you are a hypocrite.
- 52:45So let me put you through this series of moral conundrums, like the two fairies that are
- 52:50parked on the harbour with this classic kind of prisoner's dilemma about which one is
- 52:55going to, you know, one of them blows the other one up, then they all, you know, I kind
- 52:58of remember the exact contours of the dilemma.
- 53:00But these quite sophisticated sort of, you know, ethics 101 conundrums that the Joker
- 53:05poses to try to tease out whether or not Batman really is all that or whether he's just
- 53:10as full of shit as everybody else.
- 53:12I mean, in a strange way, there's a parallel between the assassin or terrorists heroic
- 53:20logic here and the reasoning of some people who work inside institutions like Dick Cheney.
- 53:28I like, I'm thinking of the rhetoric around the war on terror after 9-11 did kind of tip
- 53:36toe up to the edge of stop asking questions about whether or not what we're doing in Guantanamo
- 53:42Bay is good or bad or constitutional or unconstitutional or torture or not torture.
- 53:48Like we're willing to do the things that keep you safe.
- 53:51We're willing to stand up and get our hands dirty when you are not.
- 53:56So it reminds me also of the final scene of a few good men, which I don't know if you
- 53:59remember, but Jack Nicholson's character, Colonel Jessup, is the bad guy who's a senior
- 54:03military guy who has this amazing memorable speech when Tom Cruise is prosecuting him for
- 54:11the death of one of the people who was under his care or military guy.
- 54:16And he's basically saying you sleep at night because of the protection that people like
- 54:21me provide you, you know, you live in a society in a culture that's surrounded by walls
- 54:26and those walls have to be guarded by men with guns.
- 54:30And now you have the intemperance and impunity to question the manner in which I provide
- 54:34the very security that gives you the ability to question it, like sort of how dare you kind
- 54:39of thing.
- 54:40You have the luxury of not knowing what I know that Santiago's death while tragic probably
- 54:45saved lives and my existence while grotesque and incomprehensible to you saves lives.
- 54:53You don't want the truth because deep down in places you don't talk about at parties.
- 54:57You want me on that wall.
- 54:59You need me on that wall.
- 55:01And I feel the same, that same logic in application in the Unibumma's manifesto or in the supposed
- 55:10rational of the suspective in this CEO's assassination.
- 55:15Yeah.
- 55:16And I'm sympathetic to that idea that there are things that we require to live the comfortable
- 55:24safe lives that we have that are neither comfortable nor safe in their execution.
- 55:29But then you get that other old question of like who watches the watches.
- 55:35It's not a matter of Dick Cheney saying, do not question our methods.
- 55:43Whether he could say our methods work, our methods are keeping you safe, but do question
- 55:49them because it's in the questioning of them that you're able to see that they work,
- 55:54see that they're safe to see that we are executing it with proportionality with necessity.
- 55:59The risk is, and this is always the risk, I mean to invoke another political philosopher
- 56:03from the age of another dead white guy, Thomas Hobbes and the Leviathan.
- 56:08He said, civil war is the worst of all outcomes, people fighting against each other.
- 56:15And if we have no governance, then it's just a war of all against all.
- 56:19Everyone's just fighting each other for their thing.
- 56:20So what we need, we need is a Leviathan.
- 56:22We need this strong sovereign state that is unquestioned in its authority and power to
- 56:28keep the peace.
- 56:30And that's kind of what we're Chinese going, right?
- 56:32He's like, you know, we are the unquestioned power.
- 56:35His trust is, we'll keep the peace, but how can you trust the Leviathan?
- 56:39You can't.
- 56:40And so that's why, that's why after Hobbes came people like John Locke and liberalism,
- 56:44which is about, which is about transparency and that transparency and accountability is
- 56:49what matters.
- 56:50And that's, I think, kind of what people are getting at with the assassination of Thompson
- 56:55is where's the accountability.
- 56:58So in the discourse around civil disobedience, one of the things around civil disobedience
- 57:03like Gandhi and others is to say, we are going to break the law, we're going to go outside
- 57:09the law.
- 57:10We're told not to do this when we're going to push back against this because we think
- 57:13it's justified, but we are also going to accept the consequences of our actions.
- 57:17We are going to be visible in what we do.
- 57:20We're going to be accountable for what we do.
- 57:22And if we, if we allow the nonviolence to slip into violence, we are going to be responsible
- 57:27for that.
- 57:28And that's, I mean, he's perhaps a moral hero in the sense that he's taking more on
- 57:31his shoulders than we can expect at most.
- 57:34And a lot of people would say that his methods wouldn't have worked in a lot of other situations.
- 57:39But it's the lack of transparency around the, the lone actor and their execution of, of
- 57:47their moral will.
- 57:50That's what worries me.
- 57:51And would that be the main counterpoint then to wrap up?
- 57:53We only have two minutes left here, Tim.
- 57:56But if the point of this conversation is to try to complicate our easy moral understanding
- 58:02of murder and shine some light on the tragedy of this assassination by actually addressing
- 58:12rather than tiptoeing around the central moral conundrum, if there were a Ted Kaczynski
- 58:18or a, you know, whoever the assassin is in this particular case, I'm saying, however
- 58:23because there hasn't been a trial yet.
- 58:26And what would you say to such a person to dissuade them from their claim that they're
- 58:35doing the right thing?
- 58:37Yeah, I mean, that's tough because also I'm aware there are lots of moral things that
- 58:42I could say.
- 58:43I could say, do, is this the proportional response?
- 58:46Is there something else you can do?
- 58:48Can you use force or coercion without violence?
- 58:51Is there some way that you can get collective action, get a group of people together such
- 58:55that you can have a critical mass of activity?
- 58:58You know, is this really necessary?
- 59:00Is this just an expression of your outrage?
- 59:03You're very justifiable outrage at an unjust system?
- 59:08Is this just to satisfy that outrage rather than to actually produce a beneficial outcome?
- 59:13But I expect a lot of those would fall on deaf ears if you're stopping him from drawing
- 59:18a gun from his waistband or something.
- 59:21You need to get in earlier than that.
- 59:23But I'm not sure there's much that can be said rationally at that moment.
- 59:27But earlier, there can be things that we can do to talk about, okay, what world do we
- 59:33want to live in?
- 59:34What's the outcome that we want to see?
- 59:35How do we get there?
- 59:37And let us not accept these false narratives of, you know, law and order being all bad because
- 59:44it protects the powerful or all good because it prevents assassinations.
- 59:48Let's step into some ambiguity.
- 59:50Let's step into some difficulty and use a toolkit to be able to solve that problem.
- 59:55And it's probably glib, right, because I don't know how to solve the systemic injustices
- 59:58in the world.
- 59:59I wish I did.
- 1:00:00And I wish just words could do that.
- 1:00:03But perhaps if I were standing nearby and saw someone draw a gun, I would hope to have
- 1:00:10the courage to be able to stop an act of violence, but also have the courage to be able to then
- 1:00:14work with that person to try to solve those kinds of problems on a larger level.
- 1:00:18But I'm not even sure I would have the courage to do that.
- 1:00:21I think I'd probably run away as the vice president did in that situation because that's the
- 1:00:26prudent thing to do in that situation.
- 1:00:28Philosophy can help us justify, and it can help us understand and unpack and give reasons,
- 1:00:32but it doesn't necessarily give us the tools to change people's behavior in a single
- 1:00:36conversation.
- 1:00:37Well, Tim, if it's any reassurance, I would have leapt on to the SS and I would have saved
- 1:00:42the situation obviously because I've reclaimed this time superhero.
- 1:00:46I think the takeaway is don't kill people, folks.
- 1:00:50It's not the best solution to things, but it's worth understanding why some people think
- 1:00:54that it is the best solution to things so that we can progress from there.
- 1:00:57Tim, Dan, thank you.
- 1:00:58It's been a pleasure.
- 1:00:59Thanks, Josh.