I enjoyed this one, lots of real questions from Eric Wallach, not “tell us about your book” and the usual snoozefest. Here is one bit:
So you like the idea of pardons– how do you work through that one?
I don’t even firmly believe that punishment is justified morally. Maybe it’s necessary, maybe you just can’t do without it. But the mere fact that someone has wronged another, I don’t think causes them to forfeit their rights in the way that was claimed in classic, early modern political philosophy. Once you think wrongdoers still have their human rights, on what grounds do you punish them? Could be that you simply have to– either the public won’t accept another option and they would overthrow your non-punishment regime and bring in fascism, and something with a lot more punishment would come about.
I get that– I’m not saying you can just toss away the keys to all these jails. But insofar as you have options of not punishing people – who in the cases I’ve read about it seems they’re not going to go out there and continue their serial killing sprees – I think we just simply ought not to punish them. Martha Stewart, again, that seems to me a very clear case. Undo the wrong. If I were a president, I’d consider just only pardoning people and then resigning. I know I couldn’t get away with it forever, but it’s one way to think about the job.
There are other points of interest, new and interesting throughout.