Soon after becoming Finance Minister of Greece, Yanis Varoufakis found himself surrounded by civil servants whose loyalties he could not assume and staff parachuted in by a political party with which he had little prior affiliation. In his political memoir, Adults In The Room, he recounts his impulse to find “a minder whose loyalties would not be shared with any of my new Syriza comrades, let alone the deputy PM”. He turned to an old friend from university to serve this purpose, describing on loc 2873 the risks he sought protection from:
‘To keep me out of jail, Wassily,’ I replied. He understood. Ministers of finance are at the mercy of their minders. They sign dozens of documents, decrees, contracts and appointments daily. It is humanly impossible to examine closely everything they sign. All it takes is a hostile or absent-minded aide, and suddenly the minister faces the wrath of the public or a summons to court.
What is the danger here? The pace at which he is forced to work, the number of documents which he must formally assess, preclude a meaningful engagement with their content. This is something which could be exploited by those able to exercise an influence over what goes into his in-tray. The specific risks he faced were unique to his role as Finance Minister, as well as the times and circumstances under which he served.
However is there a broader lesson here about distraction and culpability? To what extent do our moral and legal notions of culpability rest on an assumption of the considered evaluation of our actions? If this is the case, it follows that distraction is something which political philosophers ought to take seriously. It has consequences at the moral level, in terms of how we attribute responsibility to persons. But it is also something we should consider in legal terms, if the attribution of culpability rests on assumptions about the socio-temporal conditions for evaluation which were absent in practice.
There’s a helpful summary on Wikipedia of the degrees of culpability recognised in criminal law in the United States:
- A person causes a result purposely if the result is his/her goal in doing the action that causes it,
- A person causes a result knowingly if he/she knows that the result is virtually certain to occur from the action he/she undertakes,
- A person causes a result recklessly if he/she is aware of and disregards a substantial and unjustifiable risk of the result occurring from the action, and
- A person causes a result negligently if there is a substantial and unjustifiable risk he/she is unaware of but should be aware of.
If we accept the argument that distraction is socially and culturally produced, should this lead us to qualify the third and fourth dimensions of culpability? I want to sustain the argument that recklessness and negligence are in an important sense liable to be produced systematically, even if it remains extremely difficult to quantify such a claim. What does distraction mean for political theory and political philosophy?