Free Will Skepticism in Law and Society
Title | Free Will Skepticism in Law and Society PDF eBook |
Author | Elizabeth Shaw |
Publisher | Cambridge University Press |
Total Pages | 247 |
Release | 2019-08-29 |
Genre | Philosophy |
ISBN | 1108661262 |
'Free will skepticism' refers to a family of views that all take seriously the possibility that human beings lack the control in action - i.e. the free will - required for an agent to be truly deserving of blame and praise, punishment and reward. Critics fear that adopting this view would have harmful consequences for our interpersonal relationships, society, morality, meaning, and laws. Optimistic free will skeptics, on the other hand, respond by arguing that life without free will and so-called basic desert moral responsibility would not be harmful in these ways, and might even be beneficial. This collection addresses the practical implications of free will skepticism for law and society. It contains eleven original essays that provide alternatives to retributive punishment, explore what (if any) changes are needed for the criminal justice system, and ask whether we should be optimistic or pessimistic about the real-world implications of free will skepticism.
Free Will and the Law
Title | Free Will and the Law PDF eBook |
Author | Allan McCay |
Publisher | Routledge |
Total Pages | 387 |
Release | 2019-02-21 |
Genre | Law |
ISBN | 1317132963 |
This volume brings together many of the world’s leading theorists of free will and philosophers of law to critically discuss the ground-breaking contribution of David Hodgson’s libertarianism and its application to philosophy of law. The book begins with a comprehensive introduction, providing an overview of the intersection of theories of free will and philosophy of law over the last fifty years. The eleven chapters collected together divide into two groups: the first five address libertarianism within the free will debate, with particular attention to Hodgson’s theory, and in Part II, six contributors discuss Hodgson’s libertarianism in relation to issues not often pursued by free will scholars, such as mitigation of punishment, the responsibility of judges, the nature of judicial reasoning and the criminal law process more generally. Thus the volume’s importance lies not only in examining Hodgson’s distinctive libertarian theory from within the free will literature, but also in considering new directions for research in applying that theory to enduring questions about legal responsibility and punishment.
Free-will and Law in Perfect Harmony
Title | Free-will and Law in Perfect Harmony PDF eBook |
Author | Henry Travis |
Publisher | |
Total Pages | 76 |
Release | 1868 |
Genre | Free will and determinism |
ISBN |
Free Will, Responsibility, and Crime
Title | Free Will, Responsibility, and Crime PDF eBook |
Author | Ken M. Levy |
Publisher | Routledge |
Total Pages | 205 |
Release | 2019-08-28 |
Genre | Philosophy |
ISBN | 1351251767 |
In his book, philosopher and law professor Ken Levy explains why he agrees with most people, but not with most other philosophers, about free will and responsibility. Most people believe that we have both – that is, that our choices, decisions, and actions are neither determined nor undetermined but rather fully self-determined. By contrast, most philosophers understand just how difficult it is to defend this "metaphysical libertarian" position. So they tend to opt for two other theories: "responsibility skepticism" (which denies the very possibility of free will and responsibility) and "compatibilism" (which reduces free will and responsibility to properties that are compatible with determinism). In opposition to both of these theories, Levy explains how free will and responsibility are indeed metaphysically possible. But he also cautions against the dogma that metaphysical libertarianism is actually true, a widespread belief that continues to cause serious social, political, and legal harms. Levy’s book presents a crisp, tight, historically informed discussion, with fresh clarity, insight, and originality. It will become one of the definitive resources for students, academics, and general readers in this critical intersection among metaphysics, ethics, and criminal law. Key features: Presents a unique, qualified defense of "metaphysical libertarianism," the idea that our choices, decisions, and actions can be fully self-determined. Written clearly, accessibly, and with minimal jargon – rare for a book on the very difficult issues of free will and responsibility. Seamlessly connects philosophical, legal, psychological, and political issues. Will be provocative and insightful for professional philosophers, students, and non-philosophers.
Causes, Laws, and Free Will
Title | Causes, Laws, and Free Will PDF eBook |
Author | Kadri Vihvelin |
Publisher | Oxford University Press |
Total Pages | 295 |
Release | 2013-06-27 |
Genre | Law |
ISBN | 0199795185 |
This book rescues compatibilists from the familiar charge of 'quagmire of evasion' by arguing that the problem of free will and determinism is a metaphysical problem with a metaphysical solution. There is no good reason to think that determinism would rob us of the free will we think we have.
Discourse on Free Will
Title | Discourse on Free Will PDF eBook |
Author | Desiderius Erasmus |
Publisher | A&C Black |
Total Pages | 140 |
Release | 2005-03-04 |
Genre | Philosophy |
ISBN | 9780826477941 |
Comprising Erasmus's The Free Will and Luther's response The Bondage of the Will, Discourse on Free Will is a landmark text in the history of theology and philosophy. As Erasmus's humanist vision is contrasted with Luther's notion of freedom dictated by the grace of God we can see the beginning of the debates that, to this day, separate the secular and the religious.
Laws, Mind, and Free Will
Title | Laws, Mind, and Free Will PDF eBook |
Author | Steven W. Horst |
Publisher | MIT Press |
Total Pages | 292 |
Release | 2011 |
Genre | Business & Economics |
ISBN | 0262015250 |
An account of scientific laws that vindicates the status of psychological laws and shows natural laws to be compatible with free will. In Laws, Mind, and Free Will, Steven Horst addresses the apparent dissonance between the picture of the natural world that arises from the sciences and our understanding of ourselves as agents who think and act. If the mind and the world are entirely governed by natural laws, there seems to be no room left for free will to operate. Moreover, although the laws of physical science are clear and verifiable, the sciences of the mind seem to yield only rough generalizations rather than universal laws of nature. Horst argues that these two familiar problems in philosophy--the apparent tension between free will and natural law and the absence of "strict" laws in the sciences of the mind--are artifacts of a particular philosophical thesis about the nature of laws: that laws make claims about how objects actually behave. Horst argues against this Empiricist orthodoxy and proposes an alternative account of laws--an account rooted in a cognitivist approach to philosophy of science. Horst argues that once we abandon the Empiricist misunderstandings of the nature of laws there is no contrast between "strict" laws and generalizations about the mind ("ceteris paribus" laws, laws hedged by the caveat "other things being equal"), and that a commitment to laws is compatible with a commitment to the existence of free will. Horst's alternative account, which he calls "cognitive Pluralism," vindicates the truth of psychological laws and resolves the tension between human freedom and the sciences.