Re: Criminal Prosecution and Free Will
Posted: July 1st, 2021, 4:02 am
LuckyR wrote: ↑July 1st, 2021, 1:30 amI believe social sciences are different from natural sciences because it's not ethically possible to design social science experiments followed by results with high statistical significance, so I accept social science findings have to rely on statistics alone , and that this means in social science attribution of causes to effects is description not explanation.Belindi wrote: ↑June 30th, 2021, 5:44 amWell the reason I mentioned groups and not individuals is that while psychologist A can evaluate a child and list maternal alcoholism, psychologist B might cite lead paint on the walls of the apartment. Who's correct? No one knows. That is not science determining the cause, that is science describing what is. However if you repeat the exercise thousands of times a statistician can accurately tell you the relative influence of alcoholism vs lead pain vs genetics for the group.LuckyR wrote: ↑June 30th, 2021, 2:59 amWhat I cited was actually findings of science which are true for individuals. An individual child may be examined by an educational psychologist who finds her lack of progress in the school system is due to her mother's alcoholism while pregnant; plus the unkindness of parents ;plus poor provision for homework in an overcrowded slum.There's nothing to be discovered that the individual child is responsible for and plenty of causes for her behaviours none of which are attributable to her putative 'Free Will'. A causally -linked narrative may be told about any criminal, hero, or saint.Belindi wrote: ↑June 29th, 2021, 5:21 am LuckyR wrote:A couple of things:
But choosing is what animals do so there is no such thing as "true choice". However I know what you mean .
1.Let's aside my minor objection. I think what you are calling "true choice" I call "Free Will".True, the capital letters are eccentric but I use those because Free Will was originally a religious doctrine.The religious doctrine of Free Will is needed for the administration of justice. Unless an individual can be blamed he, she, or it cannot be blamed and hence punished . Unless he, she, or it can be blamed and punished there can be no deterrent.
In modern times we know from science that human moral development goes through the stage of obedience through fear of reprisals. Obviously some individuals never progress beyond this stage, never attain the stage of autonomously caring for all others. Political regimes vary between helping all individuals towards moral autonomy , and remaining at the stage of obedience through fear of blame. Maybe you meant "totally eliminate" sociopathy to which I agree.
2. Free Will can't exist because we know people cannot help their involuntary behaviours. We also know that so-called mental or emotional illnesses are caused behaviours i.e. these illnesses are involuntary.
So we know that immoral and/or criminal behaviour is caused by preceding and contemporary events. Unless a behaviour is involuntary e.g. digestion , or so-so such as tardive dyskinaesia, the behaviour is voluntary. It's unsafe to claim volition (choosing)is proof of the existence of Free Will, as there are causes of voluntary behaviours . These are causes that are outwith the subject's control such as early years training and education, material poverty, emotional poverty, and subsequent life events that impact on learning. Willed behaviour is willed due to predisposing or contemporaneous causes and even laws of nature.There is no minute gap in the vast chaos of events where ghostly Free Will can exist and exert power.
You cite the role of science in understanding the influence of known factors on behavior, which is true... for groups, not for individuals.
Bottom line, are folks (criminally) responsible for their actions? I am asking philosophically, not legally.
Your second question does not make enough sense for me to answer it. I'd rather you had asked "Bottom line, ought folks to be held to be (criminally) responsible for their actions?"Sadly they ought to be held to be criminally responsible: social control is good: we seem to be unable to get rid of the causes of crime .
Getting rid of the causes of crime is causally linked to reduction of criminality in individuals and in a society.
That claim applies to a liberal democracy. The American prison system shows that the USA is not a liberal democracy. I hope that President Biden will get rid of many causes of crime.
I agree with you that folks ought to be criminally responsible. As we all know no one can eliminate sociopathy, which is a major contributor to criminal behavior.
Can sociopathy of population or individual not be alleviated by removing the social/environmental causes of it? For instance an adult whose moral development is habitually stuck at the stage of obedience can be taught how to move on to personal autonomy. If you mean totally eliminate then I agree that isn't possible.