Subpoenas in a Free Society
Webcast Q&A: 22 May 2011, Question 1
I answered a question on subpoenas in a free society on 22 May 2011. You can listen to or download the podcast of just this question below – or check out the whole episode of Philosophy in Action Radio.
Why are subpoenas justified but not compulsory juries? In your 15 May 2011 webcast, you contrasted your position on jury duty with that of Dr. Peikoff's, saying that compulsory jury duty constituted the initiation of force. My understanding is that Ayn Rand's position was that subpoenas and the jury selection process are entirely consistent with justice, as Peikoff mentions in this podcast. Juries are selected using subpoenas. How would you reconcile being for subpoenas but against compulsory jury duty? And, does this also mean that you disagree with Ayn Rand's view of justice?
My Answer, In Brief: Ayn Rand's view of subpoenas, which I suspect to be right, seems to have been that for a person to fail to testify when required is a violation of the rights of the people involved in the court case, presumably their right to a fair trial. (That's different from the rationale offered by Dr. Peikoff.) A full theory, adequately defended, will depend on the work of philosophers of law.
- Duration: 22:25
- Download: MP3 Segment (7.7 MB)
To save the file to your computer, right-click and save the link above. You can automatically download that and other podcasts by subscribing to Philosophy in Action's Podcast RSS Feed:
- Amy Peikoff's defense of compulsory jury duty
- Ayn Rand interview with Raymond Newman: See 35:44 - 37:05 for her brief discussion of subpoenas
- Dr. Peikoff's podcast questions on compulsory juries and subpoenas: June 7th, 2010 and July 19th, 2010
- Association for Objective Law discussion of the subpoena power
Support Philosophy in Action
The mission of Philosophy in Action is to spread rational principles for real life... far and wide. That's why the vast majority of my work is available to anyone, free of charge. I love doing the radio show, but each episode requires an investment of time, effort, and money to produce. So if you enjoy and value that work of mine, please contribute to the tip jar. I suggest $5 per episode or $20 per month, but any amount is appreciated. In return, contributors can request that I answer questions from the queue pronto, and regular contributors enjoy free access to premium content and other goodies.
Thank you for contributing to Philosophy in Action! You make our work possible every week, and we're so grateful for that!
If you enjoy Philosophy in Action, please help us spread the word about it! Tell your friends about upcoming broadcasts by forwarding our newsletter. Link to episodes or segments from our topics archive. Share our blog posts, podcasts, and events on Facebook and Twitter. Rate and review the podcast in iTunes (M4A and MP3). We appreciate any and all of that!
About Philosophy in Action
I'm Dr. Diana Brickell. I'm a philosopher specializing in the application of rational principles to the challenges of real life. I received my Ph.D in philosophy from the University of Colorado at Boulder in 2009. My book, Responsibility & Luck: A Defense of Praise and Blame, is available for purchase in paperback and Kindle. The book defends the justice of moral praise and blame of persons using an Aristotelian theory of moral responsibility, thereby refuting Thomas Nagel's "problem of moral luck."
My radio show, Philosophy in Action Radio, broadcasts live over the internet on most Sunday mornings and some Thursday evenings. On Sunday mornings, I answer questions applying rational principles to the challenges of real life in a live hour-long show. Greg Perkins of Objectivist Answers co-hosts the show. On Thursday evenings, I interview an expert guest or discuss a topic of interest.
If you join us for the live broadcasts, you can ask follow-up questions and make comments in the text-based chat. Otherwise, you can listen to the podcast by subscribing to our Podcast RSS Feed. You can also peruse the podcast archive, where episodes and questions are sorted by date and by topic.
I can be reached via e-mail to email@example.com.