Philosophy and Tactical Law is a podcast designed for listeners interested in the intersection of legal practice, cultural dynamics, and philosophical inquiry. Hosted by trial attorney Scott Herndon, the show explores complex legal issues with clarity and depth, drawing on Scott's unique background in philosophy. Each episode delves into topics such as personal injury, sexual assault, and power dynamics, providing listeners with valuable insights into the legal system and its broader societal implications. Whether you're a legal professional or simply curious about the law's role in shaping culture, Philosophy and Tactical Law offers thought-provoking discussions and expert perspectives.
The AI Super Sexbot 10.0 as Philosophical and Legal Thought Experiment
In this episode, trial attorney Scott Herndon delves into the intersection of philosophy, law, and emerging technologies. Known for representing survivors of sexual assault and personal injury victims, Herndon brings a unique perspective to the discussion. He explores the role of thought experiments in philosophy and law, highlighting their power to isolate and examine complex ideas. Herndon discusses classic thought experiments like Descartes’ skepticism and Putnam’s brain in a vat, linking them to contemporary issues in AI. The conversation shifts to the ethical implications of AI, predictive modeling, and the concept of a ”super sex bot,” a thought experiment that challenges our understanding of privacy and bodily integrity. Herndon also examines historical practices like phallometry and their relevance to modern data privacy concerns. This episode offers listeners a thought-provoking exploration of how philosophical inquiry can illuminate pressing legal and ethical challenges in the digital age.
28 Aug 2026
Fetishism and the Watermark: Traps of Provenance in AI, Consumer Culture and High-Stakes Litigation
In this episode of Philosophy and Tactical Law, host Sean O’Connor engages with trial attorney Scott Herndon, who represents survivors of sexual assault and high-profile cases in Hollywood and Silicon Valley. The discussion delves into the implications of AI watermarking, particularly in light of the EU’s AI Act Article 50, which mandates watermarking for AI-generated content. Scott explains the concept of stochastic patterns in AI outputs and their impact on authorship and legal practices. The conversation explores the philosophical underpinnings of techno fetishism, drawing on historical and cultural examples to illustrate how AI-generated objects challenge traditional notions of provenance and value. Listeners will gain insight into how these dynamics affect legal proceedings, especially in cases involving product liability and the normalization of AI technologies.
25 Aug 2026
Project Justice: Should AI Replace our Judges, Juries, and Lawyers?
In this episode of Philosophy and Tactical Law, host Sean O’Connor sits down with trial attorney Scott Herndon to explore the intersection of artificial intelligence and the legal system. Scott, who represents survivors of sexual assault and high-profile personal injury cases, shares his insights on how AI could potentially replace judges, juries, and lawyers. The conversation delves into philosophical concepts like John Rawls’ theory of justice and the implications of AI-driven legal decisions. They also discuss the cultural impact of shows like Vince Gilligan’s Pluribus, which presents a world where a virus creates a hive mind society. This episode challenges listeners to consider the ethical and practical implications of AI in law, offering a thought-provoking look at the future of justice.
11 Aug 2026
The AI Crisis is Not Just What You Think!
In this episode, Herndon begins with a simple claim: the real AI crisis isn’t an all‑powerful machine. It’s the way AI is sold to us. By purposefully humanizing their systems and stirring anxiety about AGI, these companies deflect attention from a more concrete problem—private owners using AI to harvest human intellectual labor, at scale, for private profit.
22 Jul 2026
Burning Man, Coachella and Taylor Swift Concerts: The Long Shadow of Sexual Assault
In this inaugural episode of Philosophy and Tactical Law, host Scott Herndon, a trial attorney with a background in philosophy, joins co-host Sean O’Connor to explore the complex dynamics of Burning Man. They delve into the cultural significance of the event, discussing how it mirrors societal shifts and challenges participants through its unique environment. The conversation highlights the potential for miscommunication and power dynamics, especially when attendees re-enter traditional hierarchical structures like workplaces. Scott shares insights from his legal practice, emphasizing the importance of understanding these dynamics in cases of sexual assault and harassment. The episode offers listeners a nuanced perspective on how experiences at Burning Man can influence personal and professional interactions, providing valuable context for those navigating similar environments.
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