Daredevil, the Punisher, and the Risks of Opting Out
I did what I had to do. And I let the system take care of the rest. - Matthew Murdock/Daredevil
Oh! You and your…system! - Frank Castle/Punisher
This exchange in Daredevil: Born Again (spoilers included) between Matt (used interchangeably with Daredevil) and Frank (used interchangeably with the Punisher) directly points to the theme of the episode (S1E4: “Sic Semper Systema”) while indirectly pointing to their different perspectives concerning it. As the meaning behind its title indicates, episode four is a commentary on the failures of the justice system–a theme characterizing the season overall and reaching its apex in the finale (S1E9: “Straight to Hell”). One that sees Mayor Wilson Fisk (used interchangeably with the Kingpin) controlling the city through authoritarian means, and Daredevil assembling allies to help take it back.
Although subtle, how each references the “system” is instructive. Matt describes it as something he trusts to administer justice in this particular instance, but Frank does not. Not only does he refuse to believe in the system the way Matt does, but he also does not view himself as part of the system. He does not simply express disagreement with Matt’s view of the system. He has a different relation to it. It is not his system to work within, it is Matt’s (“You and…your system!”). Whether you are a fan of vigilante stories like Born Again or not, this exchange, and the season overall, raises an interesting question concerning our shared life together:
What happens when we choose to opt out of a social system that we, implicitly and/or explicitly, play a role in creating?
We Need Each Other
Philosopher Jennifer Cole Wright argues that a fundamental feature of social groups is the creation of “socio-cultural normative structures” (SCNS) whose purpose is to “guide, regulate, and enforce intra-group—and, to a lesser extent, inter-group—beliefs, values, and practices, ensuring a high degree of within-group norm conformity.” Three features of SCNS are relevant to the above question. One is that they are co-constructed, meaning their development, implication, and modification are inherently socially dynamic processes. Second, there is variability in how involved a given individual is in this co-construction. Third, completely rejecting a SCNS places an individual outside of it, thus punctuating their decision to opt out.
In other words, we need each other. But what does this mean for Matt, Frank, and New Yorkers more broadly in Born Again? If we assume that the primary SCNS in this fictional New York is the justice system, and it is largely characterized by capture, corruption, failure, and inefficiency, then Matt and Frank’s different orientations to the system are both entertaining and informative.
Changes from Within
The challenge of SCNS, according to Wright, is two-fold. On the one hand, they must allow room for beliefs amongst their members that, while not popular or represented within dominant discourse, may ultimately benefit the SCNS to the extent those beliefs are adopted widely. But they must also prevent certain beliefs from permeating the SCNS, as these beliefs, if adopted, threaten the welfare of the group. One factor that helps SCNS strike this delicate balance is the shared authority amongst the members given their (varied) roles in the co-construction of SCNS. In other words, to some extent, SCNS have built in mechanisms that members can utilize to help keep them well-functioning.
Matt symbolizes such a mechanism. As a super-powered defense lawyer working within and for the justice system, one can argue that no one in Born Again understands the nature of the justice system more than him. He frequently defends people subject to the arbitrary and limited nature of legal statues and procedures (S1E8, “Isle of Joy”). And due to his heightened senses, he can interact with others–those he defends, the prosecutors he goes against, and the everyday people he encounters daily–in a way that makes both their promise and perils more salient (e.g., through clearly audible heartbeats, breathing, private conservations, astute perception of body language, etc.). Yet, Matt chooses not to opt out. He begins the series trying to go full-on lawyer, discarding his vigilantism and trusting in the system. Frank, on the other hand, decides it is not worth working within the system. What trust he has left, he reserves for specific individuals like Matt and Karen Page (but, as we will see below, only in certain instances). For him, it is not his system anymore. As his history with system capture, corruption, and failure in his own series showed, this “system” that Matt defends is unrecognizable.
Changes from Without
You comin', Frank? - Karen Page
Got [expletive] to do….You know something? Inspector Gadget [expletive]...it’s not for me…. - Frank
You know what, Frank? I’m not buying it. I don’t believe you don’t care. - Karen
Hey, Karen. You asked me for a favor. I did it. - Frank
In the finale (S1E9, “Straight to Hell”), Frank has the chance to do something heroic but refuses. He made good on Karen’s request for a favor, where she asked Frank to help an injured and hospitalized Matt when the Kingpin sent someone to kill him. Yet, he was not interested in helping Karen and Matt uncover the truth behind the Kingpin’s plan to use his political authority to strengthen his criminal enterprise. It is possible to interpret his differing decisions here in light of what Wright views as the second, and more important, factor contributing to a well-functioning SCNS: morality. Moral principles provide boundary conditions that constrain the SCNS in terms of what can be regulated and how such regulation can be carried out. In other words, the moral principles discussed, agreed to, and enforced by the co-constructors of the SCNS (i.e., everyone) help keep the bad ideas out and the good ones in–even if the latter are currently not popular. Was the pursuit of this kind of justice too abstract or impersonal for Frank? Too much about helping others and the system more broadly–a system he no longer cares about or recognizes?
In the context of the justice system in Born Again, a question arises concerning the implications of Matt and Frank’s vigilantism for their understanding of moral principles. For Frank, who has opted out of being a co-constructor of the justice system and is thus not interested in trying to improve it, he often acts as if the boundary conditions are irrelevant once he decides his mission is just. A calculus that often precludes the belief in perpetrators’ capacity for change and thus their deservingness to live. Matt, on the other hand, frequently grapples with boundary conditions, conditions most notably implicated in his strong prohibition against murder and the anger and guilt he experiences when he gets too close to that ledge. As scholar Daniel Clark notes, this belief in the sanctity of human life encapsulates the essence of Daredevil’s superhero mission alongside his concern for justice. Similarly, Wright believes that a major goal of these boundary conditions is to preserve the welfare and flourishing of human life.
So, What Say Us?
Utilizing superheroes and vigilantes, and against the backdrop of a captured and corrupt SCNS, Born Again highlights the importance of social systems working for those who implicitly and explicitly create them, and the drastic fallout when they do not. Through contrasting the perspectives of Matt and Frank, we gain a better understanding of what it means to remain within a system desperately needing change and what it means to opt out of that system altogether. Decisions that, taken together, clarify their respective orientations toward justice and others as Daredevil and the Punisher, while simultaneously encouraging us to reflect on the nature of our own lives as co-creators of our social existence.