Free Will Skepticism in Law and Society

Free Will Skepticism in Law and Society

Author: Elizabeth Shaw

Publisher: Cambridge University Press

Published: 2019-08-29

Total Pages: 247

ISBN-13: 1108661262

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'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.


Book Synopsis Free Will Skepticism in Law and Society by : Elizabeth Shaw

Download or read book Free Will Skepticism in Law and Society written by Elizabeth Shaw and published by Cambridge University Press. This book was released on 2019-08-29 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.

Exploring the Illusion of Free Will and Moral Responsibility

Exploring the Illusion of Free Will and Moral Responsibility

Author: Gregg D. Caruso

Publisher: Lexington Books

Published: 2013-07-05

Total Pages: 335

ISBN-13: 073917732X

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Exploring the Illusion of Free Will and Moral Responsibility investigates the philosophical and scientific arguments for free will skepticism and their implications. Skepticism about free will and moral responsibility has been on the rise in recent years. In fact, a significant number of philosophers, psychologists, and neuroscientists now either doubt or outright deny the existence of free will and/or moral responsibility—and the list of prominent skeptics appears to grow by the day. Given the profound importance that the concepts of free will and moral responsibility hold in our lives—in understanding ourselves, society, and the law—it is important that we explore what is behind this new wave of skepticism. It is also important that we explore the potential consequences of skepticism for ourselves and society. Edited by Gregg D. Caruso, this collection of new essays brings together an internationally recognized line-up of contributors, most of whom hold skeptical positions of some sort, to display and explore the leading arguments for free will skepticism and to debate their implications.


Book Synopsis Exploring the Illusion of Free Will and Moral Responsibility by : Gregg D. Caruso

Download or read book Exploring the Illusion of Free Will and Moral Responsibility written by Gregg D. Caruso and published by Lexington Books. This book was released on 2013-07-05 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the Illusion of Free Will and Moral Responsibility investigates the philosophical and scientific arguments for free will skepticism and their implications. Skepticism about free will and moral responsibility has been on the rise in recent years. In fact, a significant number of philosophers, psychologists, and neuroscientists now either doubt or outright deny the existence of free will and/or moral responsibility—and the list of prominent skeptics appears to grow by the day. Given the profound importance that the concepts of free will and moral responsibility hold in our lives—in understanding ourselves, society, and the law—it is important that we explore what is behind this new wave of skepticism. It is also important that we explore the potential consequences of skepticism for ourselves and society. Edited by Gregg D. Caruso, this collection of new essays brings together an internationally recognized line-up of contributors, most of whom hold skeptical positions of some sort, to display and explore the leading arguments for free will skepticism and to debate their implications.

Rejecting Retributivism

Rejecting Retributivism

Author: Gregg D. Caruso

Publisher: Cambridge University Press

Published: 2021-04-29

Total Pages: 401

ISBN-13: 1108484700

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Caruso argues against retributivism and develops an alternative for addressing criminal behavior that is ethically defensible and practical.


Book Synopsis Rejecting Retributivism by : Gregg D. Caruso

Download or read book Rejecting Retributivism written by Gregg D. Caruso and published by Cambridge University Press. This book was released on 2021-04-29 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Caruso argues against retributivism and develops an alternative for addressing criminal behavior that is ethically defensible and practical.

Just Deserts

Just Deserts

Author: Daniel C. Dennett

Publisher: John Wiley & Sons

Published: 2021-01-14

Total Pages: 145

ISBN-13: 1509545778

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The concept of free will is profoundly important to our self-understanding, our interpersonal relationships, and our moral and legal practices. If it turns out that no one is ever free and morally responsible, what would that mean for society, morality, meaning, and the law? Just Deserts brings together two philosophers – Daniel C. Dennett and Gregg D. Caruso – to debate their respective views on free will, moral responsibility, and legal punishment. In three extended conversations, Dennett and Caruso present their arguments for and against the existence of free will and debate their implications. Dennett argues that the kind of free will required for moral responsibility is compatible with determinism – for him, self-control is key; we are not responsible for becoming responsible, but are responsible for staying responsible, for keeping would-be puppeteers at bay. Caruso takes the opposite view, arguing that who we are and what we do is ultimately the result of factors beyond our control, and because of this we are never morally responsible for our actions in the sense that would make us truly deserving of blame and praise, punishment and reward. Just Deserts introduces the concepts central to the debate about free will and moral responsibility by way of an entertaining, rigorous, and sometimes heated philosophical dialogue between two leading thinkers.


Book Synopsis Just Deserts by : Daniel C. Dennett

Download or read book Just Deserts written by Daniel C. Dennett and published by John Wiley & Sons. This book was released on 2021-01-14 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of free will is profoundly important to our self-understanding, our interpersonal relationships, and our moral and legal practices. If it turns out that no one is ever free and morally responsible, what would that mean for society, morality, meaning, and the law? Just Deserts brings together two philosophers – Daniel C. Dennett and Gregg D. Caruso – to debate their respective views on free will, moral responsibility, and legal punishment. In three extended conversations, Dennett and Caruso present their arguments for and against the existence of free will and debate their implications. Dennett argues that the kind of free will required for moral responsibility is compatible with determinism – for him, self-control is key; we are not responsible for becoming responsible, but are responsible for staying responsible, for keeping would-be puppeteers at bay. Caruso takes the opposite view, arguing that who we are and what we do is ultimately the result of factors beyond our control, and because of this we are never morally responsible for our actions in the sense that would make us truly deserving of blame and praise, punishment and reward. Just Deserts introduces the concepts central to the debate about free will and moral responsibility by way of an entertaining, rigorous, and sometimes heated philosophical dialogue between two leading thinkers.

Free Will, Responsibility, and Crime

Free Will, Responsibility, and Crime

Author: Ken M. Levy

Publisher: Routledge

Published: 2019-08-28

Total Pages: 205

ISBN-13: 1351251767

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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.


Book Synopsis Free Will, Responsibility, and Crime by : Ken M. Levy

Download or read book Free Will, Responsibility, and Crime written by Ken M. Levy and published by Routledge. This book was released on 2019-08-28 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Why Free Will Is Real

Why Free Will Is Real

Author: Christian List

Publisher: Harvard University Press

Published: 2019-05-06

Total Pages: 225

ISBN-13: 0674239814

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A crystal-clear, scientifically rigorous argument for the existence of free will, challenging what many scientists and scientifically minded philosophers believe. Philosophers have argued about the nature and the very existence of free will for centuries. Today, many scientists and scientifically minded commentators are skeptical that it exists, especially when it is understood to require the ability to choose between alternative possibilities. If the laws of physics govern everything that happens, they argue, then how can our choices be free? Believers in free will must be misled by habit, sentiment, or religious doctrine. Why Free Will Is Real defies scientific orthodoxy and presents a bold new defense of free will in the same naturalistic terms that are usually deployed against it. Unlike those who defend free will by giving up the idea that it requires alternative possibilities to choose from, Christian List retains this idea as central, resisting the tendency to defend free will by watering it down. He concedes that free will and its prerequisites—intentional agency, alternative possibilities, and causal control over our actions—cannot be found among the fundamental physical features of the natural world. But, he argues, that’s not where we should be looking. Free will is a “higher-level” phenomenon found at the level of psychology. It is like other phenomena that emerge from physical processes but are autonomous from them and not best understood in fundamental physical terms—like an ecosystem or the economy. When we discover it in its proper context, acknowledging that free will is real is not just scientifically respectable; it is indispensable for explaining our world.


Book Synopsis Why Free Will Is Real by : Christian List

Download or read book Why Free Will Is Real written by Christian List and published by Harvard University Press. This book was released on 2019-05-06 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: A crystal-clear, scientifically rigorous argument for the existence of free will, challenging what many scientists and scientifically minded philosophers believe. Philosophers have argued about the nature and the very existence of free will for centuries. Today, many scientists and scientifically minded commentators are skeptical that it exists, especially when it is understood to require the ability to choose between alternative possibilities. If the laws of physics govern everything that happens, they argue, then how can our choices be free? Believers in free will must be misled by habit, sentiment, or religious doctrine. Why Free Will Is Real defies scientific orthodoxy and presents a bold new defense of free will in the same naturalistic terms that are usually deployed against it. Unlike those who defend free will by giving up the idea that it requires alternative possibilities to choose from, Christian List retains this idea as central, resisting the tendency to defend free will by watering it down. He concedes that free will and its prerequisites—intentional agency, alternative possibilities, and causal control over our actions—cannot be found among the fundamental physical features of the natural world. But, he argues, that’s not where we should be looking. Free will is a “higher-level” phenomenon found at the level of psychology. It is like other phenomena that emerge from physical processes but are autonomous from them and not best understood in fundamental physical terms—like an ecosystem or the economy. When we discover it in its proper context, acknowledging that free will is real is not just scientifically respectable; it is indispensable for explaining our world.

Free Will

Free Will

Author: Derk Pereboom

Publisher: Cambridge University Press

Published: 2022-02-24

Total Pages: 134

ISBN-13: 1108992501

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This Element provides a thorough overview of the free will debate as it currently stands. After distinguishing the main senses of the term 'free will' invoked in that debate, it proceeds to set out the prominent versions of the main positions, libertarianism, compatibilism, and free will skepticism, and then to discuss the main objections to these views. Particular attention is devoted to the controversy concerning whether the ability to do otherwise is required for moral responsibility and whether it is compatible with determinism, and to manipulation arguments against compatibilism. Two areas in which the free will debate has practical implications are discussed in detail, personal relationships and criminal justice.


Book Synopsis Free Will by : Derk Pereboom

Download or read book Free Will written by Derk Pereboom and published by Cambridge University Press. This book was released on 2022-02-24 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Element provides a thorough overview of the free will debate as it currently stands. After distinguishing the main senses of the term 'free will' invoked in that debate, it proceeds to set out the prominent versions of the main positions, libertarianism, compatibilism, and free will skepticism, and then to discuss the main objections to these views. Particular attention is devoted to the controversy concerning whether the ability to do otherwise is required for moral responsibility and whether it is compatible with determinism, and to manipulation arguments against compatibilism. Two areas in which the free will debate has practical implications are discussed in detail, personal relationships and criminal justice.

The Oxford Handbook of Free Will

The Oxford Handbook of Free Will

Author: Robert Kane

Publisher: Oxford University Press

Published: 2011-07-27

Total Pages: 663

ISBN-13: 0199875561

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This second edition of the Oxford Handbook of Free Will is intended to be a sourcebook and guide to current work on free will and related subjects. Its focus is on writings of the past forty years, in which there has been a resurgence of interest in traditional issues about the freedom of the will in the light of new developments in the sciences, philosophy and humanistic studies. Special attention is given to research on free will of the first decade of the twenty-first century since the publication of the first edition of the Handbook. All the essays have been newly written or rewritten for this volume. In addition, there are new essayists and essays surveying topics that have become prominent in debates about free will in the past decade, including new work on the relation of free will to physics, the neurosciences, cognitive science, psychology and empirical philosophy, new versions of traditional views (compatibilist, incompatibilist, libertarian, etc.) and new views (e.g., revisionism) that have emerged. The twenty-eight essays by prominent international scholars and younger scholars cover a host of free will related issues, such as moral agency and responsibility, accountability and blameworthiness in ethics, autonomy, coercion and control in social theory, criminal liability, responsibility and punishment in legal theory, issues about the relation of mind to body, consciousness and the nature of action in philosophy of mind and the cognitive and neurosciences, questions about divine foreknowledge, providence and human freedom in philosophy of religion, and general metaphysical questions about necessity and possibility, determinism, time and chance, quantum reality, causation and explanation.


Book Synopsis The Oxford Handbook of Free Will by : Robert Kane

Download or read book The Oxford Handbook of Free Will written by Robert Kane and published by Oxford University Press. This book was released on 2011-07-27 with total page 663 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition of the Oxford Handbook of Free Will is intended to be a sourcebook and guide to current work on free will and related subjects. Its focus is on writings of the past forty years, in which there has been a resurgence of interest in traditional issues about the freedom of the will in the light of new developments in the sciences, philosophy and humanistic studies. Special attention is given to research on free will of the first decade of the twenty-first century since the publication of the first edition of the Handbook. All the essays have been newly written or rewritten for this volume. In addition, there are new essayists and essays surveying topics that have become prominent in debates about free will in the past decade, including new work on the relation of free will to physics, the neurosciences, cognitive science, psychology and empirical philosophy, new versions of traditional views (compatibilist, incompatibilist, libertarian, etc.) and new views (e.g., revisionism) that have emerged. The twenty-eight essays by prominent international scholars and younger scholars cover a host of free will related issues, such as moral agency and responsibility, accountability and blameworthiness in ethics, autonomy, coercion and control in social theory, criminal liability, responsibility and punishment in legal theory, issues about the relation of mind to body, consciousness and the nature of action in philosophy of mind and the cognitive and neurosciences, questions about divine foreknowledge, providence and human freedom in philosophy of religion, and general metaphysical questions about necessity and possibility, determinism, time and chance, quantum reality, causation and explanation.

Justice for Hedgehogs

Justice for Hedgehogs

Author: Ronald Dworkin

Publisher: Harvard University Press

Published: 2011-05-03

Total Pages: 521

ISBN-13: 0674071964

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The fox knows many things, the Greeks said, but the hedgehog knows one big thing. In his most comprehensive work, Ronald Dworkin argues that value in all its forms is one big thing: that what truth is, life means, morality requires, and justice demands are different aspects of the same large question. He develops original theories on a great variety of issues very rarely considered in the same book: moral skepticism, literary, artistic, and historical interpretation, free will, ancient moral theory, being good and living well, liberty, equality, and law among many other topics. What we think about any one of these must stand up, eventually, to any argument we find compelling about the rest. Skepticism in all its forms—philosophical, cynical, or post-modern—threatens that unity. The Galilean revolution once made the theological world of value safe for science. But the new republic gradually became a new empire: the modern philosophers inflated the methods of physics into a totalitarian theory of everything. They invaded and occupied all the honorifics—reality, truth, fact, ground, meaning, knowledge, and being—and dictated the terms on which other bodies of thought might aspire to them, and skepticism has been the inevitable result. We need a new revolution. We must make the world of science safe for value.


Book Synopsis Justice for Hedgehogs by : Ronald Dworkin

Download or read book Justice for Hedgehogs written by Ronald Dworkin and published by Harvard University Press. This book was released on 2011-05-03 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fox knows many things, the Greeks said, but the hedgehog knows one big thing. In his most comprehensive work, Ronald Dworkin argues that value in all its forms is one big thing: that what truth is, life means, morality requires, and justice demands are different aspects of the same large question. He develops original theories on a great variety of issues very rarely considered in the same book: moral skepticism, literary, artistic, and historical interpretation, free will, ancient moral theory, being good and living well, liberty, equality, and law among many other topics. What we think about any one of these must stand up, eventually, to any argument we find compelling about the rest. Skepticism in all its forms—philosophical, cynical, or post-modern—threatens that unity. The Galilean revolution once made the theological world of value safe for science. But the new republic gradually became a new empire: the modern philosophers inflated the methods of physics into a totalitarian theory of everything. They invaded and occupied all the honorifics—reality, truth, fact, ground, meaning, knowledge, and being—and dictated the terms on which other bodies of thought might aspire to them, and skepticism has been the inevitable result. We need a new revolution. We must make the world of science safe for value.

Free Will and the Law

Free Will and the Law

Author: Allan McCay

Publisher: Routledge

Published: 2019-02-21

Total Pages: 387

ISBN-13: 1317132963

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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.


Book Synopsis Free Will and the Law by : Allan McCay

Download or read book Free Will and the Law written by Allan McCay and published by Routledge. This book was released on 2019-02-21 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.