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.


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.


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.


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.


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.


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.


Free Will

Free Will

Author: Derk Pereboom

Publisher: Hackett Publishing

Published: 2009-11-13

Total Pages: 405

ISBN-13: 160384886X

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A unique anthology featuring contributions to the dispute over free will from Aristotle to the twenty-first century, Derk Pereboom's volume presents the most thoughtful positions taken in this crucial debate and discusses their consequences for free will's traditional corollary, moral responsibility. The Second Edition retains the organizational structure that made its predecessor the leading anthology of its kind, while adding major new selections by such philosophers as Spinoza, Reid, John Martin Fischer, Robert Kane, Galen Strawson, and Timothy O'Connor. Hackett Readings in Philosophy is a versatile series of compact anthologies, each devoted to a topic of traditional interest. Selections include classical, modern, and contemporary writings chosen for their elegance of exposition and success at stimulating thought and discussion.


The Experimental Approach to Free Will

The Experimental Approach to Free Will

Author: Katherin A Rogers

Publisher: Routledge

Published: 2022-03-29

Total Pages: 286

ISBN-13: 1000545210

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Recently, psychologists and neurobiologists have conducted experiments taken to show that human beings do not have free will. Many, including a number of philosophers, assume that, even if science has not decided the free will question yet, it is just a matter of time. In The Experimental Approach to Free Will, Katherin A. Rogers accomplishes several tasks. First, canvasing the literature critical of these recent experiments (or of conclusions drawn from them) and adding new criticisms of her own, she shows why these experiments should not undermine belief in human freedom – even robust, libertarian freedom. Indeed, many of the experiments do not even connect with any philosophical understanding of free will. Through this discussion, she generates a long list of problems – ethical as well as practical – facing the attempt to study free will experimentally. With these problems highlighted, she shows that even in the distant future, supposing the brain sciences to have advanced far beyond where they are today, it will likely be impossible to settle the question of free will experimentally. She concludes that, since philosophy has not, and science cannot, settle the question of free will, it is more reasonable to suppose that humans do indeed have freedom. Brings together, and adds to, criticisms of recent experiments (or conclusions drawn from them) which supposedly show that human beings do not have free will Analyzes recent experiments supposedly related to human freedom through the lens of a philosophically informed portrait of a robust, libertarian free choice Develops a long list of problems – both practical and ethical – facing the experimental study of human freedom Proposes a thought experiment set in a distant future of advanced brain science to show that it is likely impossible for science ever to settle the question of free will.


Rejecting Retributivism

Rejecting Retributivism

Author: Gregg D. Caruso

Publisher: Cambridge University Press

Published: 2021-04-29

Total Pages: 401

ISBN-13: 1108664253

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Within the criminal justice system, one of the most prominent justifications for legal punishment is retributivism. The retributive justification of legal punishment maintains that wrongdoers are morally responsible for their actions and deserve to be punished in proportion to their wrongdoing. This book argues against retributivism and develops a viable alternative that is both ethically defensible and practical. Introducing six distinct reasons for rejecting retributivism, Gregg D. Caruso contends that it is unclear that agents possess the kind of free will and moral responsibility needed to justify this view of punishment. While a number of alternatives to retributivism exist - including consequentialist deterrence, educational, and communicative theories - they have ethical problems of their own. Moving beyond existing theories, Caruso presents a new non-retributive approach called the public health-quarantine model. In stark contrast to retributivism, the public health-quarantine model provides a more human, holistic, and effective approach to dealing with criminal behavior.


Skepticism and Freedom

Skepticism and Freedom

Author: Richard A. Epstein

Publisher: University of Chicago Press

Published: 2003-06

Total Pages: 324

ISBN-13: 9780226213040

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With this book, Richard A. Epstein provides a spirited and systematic defense of classical liberalism against the critiques mounted against it over the past thirty years. One of the most distinguished and provocative legal scholars writing today, Epstein here explains his controversial ideas in what will quickly come to be considered one of his cornerstone works. He begins by laying out his own vision of the key principles of classical liberalism: respect for the autonomy of the individual, a strong system of private property rights, the voluntary exchange of labor and possessions, and prohibitions against force or fraud. Nonetheless, he not only recognizes but insists that state coercion is crucial to safeguarding these principles of private ordering and supplying the social infrastructure on which they depend. Within this framework, Epstein then shows why limited government is much to be preferred over the modern interventionist welfare state. Many of the modern attacks on the classical liberal system seek to undermine the moral, conceptual, cognitive, and psychological foundations on which it rests. Epstein rises to this challenge by carefully rebutting each of these objections in turn. For instance, Epstein demonstrates how our inability to judge the preferences of others means we should respect their liberty of choice regarding their own lives. And he points out the flaws in behavioral economic arguments which, overlooking strong evolutionary pressures, claim that individual preferences are unstable and that people are unable to adopt rational means to achieve their own ends. Freedom, Epstein ultimately shows, depends upon a skepticism that rightly shuns making judgments about what is best for individuals, but that also avoids the relativistic trap that all judgments about our political institutions have equal worth. A brilliant defense of classical liberalism, Skepticism and Freedom will rightly be seen as an intellectual landmark.