Free Will Skepticism In Law And Society

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Free Will Skepticism in Law and Society

Author : Libby Shaw,Elizabeth Shaw,Derk Pereboom,Gregg D. Caruso
Publisher : Cambridge University Press
Page : 247 pages
File Size : 40,9 Mb
Release : 2019-08-29
Category : History
ISBN : 9781108493475

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Free Will Skepticism in Law and Society by Libby Shaw,Elizabeth Shaw,Derk Pereboom,Gregg D. Caruso Pdf

Brings together leading philosophers and legal scholars to explore the practical implications of free will skepticism for law and society.

Exploring the Illusion of Free Will and Moral Responsibility

Author : Gregg D. Caruso
Publisher : Lexington Books
Page : 344 pages
File Size : 55,5 Mb
Release : 2013-07-05
Category : Philosophy
ISBN : 9780739177327

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Exploring the Illusion of Free Will and Moral Responsibility by Gregg D. Caruso Pdf

Exploring the Illusion of Free Will and Moral Responsibility is an edited collection of new essays by an internationally recognized line-up of contributors. It is aimed at readers who wish to explore the philosophical and scientific arguments for free will skepticism and their implications.

Rejecting Retributivism

Author : Gregg D. Caruso
Publisher : Cambridge University Press
Page : 401 pages
File Size : 53,7 Mb
Release : 2021-04-29
Category : Law
ISBN : 9781108484701

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Rejecting Retributivism by Gregg D. Caruso Pdf

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

Just Deserts

Author : Daniel C. Dennett,Gregg D. Caruso
Publisher : John Wiley & Sons
Page : 145 pages
File Size : 47,7 Mb
Release : 2021-01-14
Category : Philosophy
ISBN : 9781509545773

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Just Deserts by Daniel C. Dennett,Gregg D. Caruso Pdf

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

Author : Ken M. Levy
Publisher : Routledge
Page : 205 pages
File Size : 48,9 Mb
Release : 2019-08-28
Category : Philosophy
ISBN : 9781351251761

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Free Will, Responsibility, and Crime by Ken M. Levy Pdf

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.

The Experimental Approach to Free Will

Author : Katherin A Rogers
Publisher : Routledge
Page : 286 pages
File Size : 42,6 Mb
Release : 2022-03-29
Category : Philosophy
ISBN : 9781000545210

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The Experimental Approach to Free Will by Katherin A Rogers Pdf

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.

The Oxford Handbook of Moral Responsibility

Author : Dana Kay Nelkin,Derk Pereboom
Publisher : Oxford University Press
Page : 783 pages
File Size : 43,5 Mb
Release : 2022
Category : Philosophy
ISBN : 9780190679309

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The Oxford Handbook of Moral Responsibility by Dana Kay Nelkin,Derk Pereboom Pdf

The Oxford Handbook of Moral Responsibility is a collection of 33 articles by leading international scholars on the topic of moral responsibility and its main forms, praiseworthiness and blameworthiness. The articles in the volume provide a comprehensive survey on scholarship on this topic since 1960, with a focus on the past three decades. Articles address the nature of moral responsibility - whether it is fundamentally a matter of deserved blame and praise, or whether it is grounded anticipated good consequences, such as moral education and formation, or whether there are different kinds of moral responsibility. They examine responsibility for both actions and omissions, whether responsibility comes in degrees, and whether groups such as corporations can be responsible. The traditional debates about moral responsibility focus on the threats posed from causal determinism, and from the absence of the ability to do otherwise that may result. The articles in this volume build on these arguments and appraise the most recent developments in these debates. Philosophical reflection on the personal relationships and moral responsibility has been especially intense over the past two decades, and several articles reflect this development. Other chapters take up the link between blameworthiness and attitudes such as moral resentment and indignation, while others explore the role that forgiveness and reconciliation play in personal relationships and responsibility. The range of articles in this volume look at moral responsibility from a range of perspectives and disciplines, explaining how physics, neuroscience, and psychological research on topics such as addiction and implicit bias illuminate the ways and degrees to which we might be responsible.

A Companion to Free Will

Author : Joseph Keim Campbell,Kristin M. Mickelson,V. Alan White
Publisher : John Wiley & Sons
Page : 533 pages
File Size : 48,7 Mb
Release : 2023-06-13
Category : Philosophy
ISBN : 9781119210160

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A Companion to Free Will by Joseph Keim Campbell,Kristin M. Mickelson,V. Alan White Pdf

Provides a comprehensive, cutting-edge, and accessible accompaniment to various narratives about free will A Companion to Free Will is an indispensable resource for anyone interested in the philosophy of free will, offering an authoritative survey of perennial issues and contemporary debates within the field. Bringing together the work of a diverse team of established and younger scholars, this well-balanced volume offers innovative perspectives and fresh approaches to the classical compatibility problem, moral and legal responsibility, consciousness in free action, action theory, determinism, logical fatalism, impossibilism, and much more. The Companion’s 30 chapters provide general coverage of the discipline as well as an in-depth exploration of both CAP (Classical Analytic Paradigm) and non-CAP perspectives on the problem of free will and the problem of determinism—raising new questions about what the free will debate is, or should be, about. Throughout the book, coverage of modern exchanges between the world’s leading philosophers is complemented by incisive commentary, novel insights, and selections that examine compatibilist, libertarian, and denialist viewpoints. Offers a balanced presentation of conflicting theories and ongoing debates about the nature, existence, and implications of free will Explores the role of scientific advances and empirical methods in contributing to discourses on free will and action theory Reviews new developments in longstanding arguments between compatibilist and incompatibilist approaches to free will including those that question this way of framing the debate and critique the standard terminology Discusses descriptive, revisionary, and pragmatic approaches for defining key concepts and addressing compatibility problems surrounding free will Considers various issues of moral responsibility and philosophical approaches to the problem of free will in new ways Part of the acclaimed Blackwell Companions to Philosophy series, A Companion to Free Will is essential reading for undergraduate and graduate students of philosophy, professional philosophers and theorists, and interested novices alike.

Four Views on Free Will

Author : John Martin Fischer,Robert Kane,Derk Pereboom,Manuel Vargas
Publisher : John Wiley & Sons
Page : 278 pages
File Size : 45,9 Mb
Release : 2024-04-01
Category : Philosophy
ISBN : 9781394161966

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Four Views on Free Will by John Martin Fischer,Robert Kane,Derk Pereboom,Manuel Vargas Pdf

A lively and engaging debate between four representative views on free will, completely revised and updated with new perspectives Four Views on Free Will is a robust and careful debate about free will, how it interacts with determinism and indeterminism, and whether we have it or not. Providing the most up-to-date account of four major positions in the free will debate, the second edition of this classic text presents the opposing perspectives of renowned philosophers John Martin Fischer, Robert Kane, Derk Pereboom, and Manuel Vargas. Substantially revised throughout, this new volume contains eight in-depth chapters, almost entirely rewritten for the new edition, in which the authors state their different positions on the debate, offer insights into how their views have evolved over the past fifteen years, respond to recent critical literature in the field, and interact and engage with each other in dialogue. In the first four chapters the authors defend their distinctive views about free will: libertarianism, compatibilism, hard incompatibilism, and revisionism. The subsequent four chapters consist of direct replies by each of the authors to the other three. Offering a one-of-a-kind interactive conversation about the most recent work on the subject, Four Views on Free Will, Second Edition provides a balanced and enlightening discussion on all the key concepts and conflicts in the free will debate. Part of the acclaimed Great Debates in Philosophy series, it remains essential reading for undergraduate and graduate students, lecturers and scholars in philosophy, ethics, free will, philosophy of mind, political philosophy, law, and related subjects.

Free Will’s Value

Author : John Lemos
Publisher : Taylor & Francis
Page : 288 pages
File Size : 46,8 Mb
Release : 2023-04-21
Category : Philosophy
ISBN : 9781000874167

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Free Will’s Value by John Lemos Pdf

This book defends an event-causal theory of libertarian free will and argues that the belief in such free will plays an important, if not essential, role in supporting certain important values. In the first part of the book, the author argues that possession of libertarian free will is necessary for deserved praise and blame and reward and punishment. He contends that his version of libertarian free will – the indeterministic weightings view – is coherent and can fit with a scientific, naturalistic understanding of human nature. However, the author also notes that we don’t have sufficient evidentiary grounds to believe that human beings have this kind of free will. Despite this, he argues there are sufficiently strong value-based/axiological reasons to believe we have such free will and to live and act as if we have it. In the second part of the book, the author makes the case that the belief in such libertarian, desert-grounding free will is very important to defending human dignity in the context of criminal justice, making sense of justified pride and its value, and adding value to our relationships. Free Will’s Value will be of interest to scholars and advanced students working in metaphysics, philosophy of mind, action theory, ethics, and the philosophy of law.

Free Will and the Law

Author : Allan McCay,Michael Sevel
Publisher : Routledge
Page : 387 pages
File Size : 51,5 Mb
Release : 2019-02-21
Category : Law
ISBN : 9781317132967

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Free Will and the Law by Allan McCay,Michael Sevel Pdf

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.

Naturally Free Action

Author : Oisín Deery
Publisher : Oxford University Press
Page : 224 pages
File Size : 51,6 Mb
Release : 2021-04-15
Category : Philosophy
ISBN : 9780192507013

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Naturally Free Action by Oisín Deery Pdf

In Naturally Free Action, Oisín Deery argues that free will exists, where free will is understood as the ability to act freely, and free actions as exercises of that ability. Deery reaches his conclusion by showing how the concept of free will plausibly refers to many actual human behaviors, and how these behaviors count as a natural category or kind. Deery also addresses the role of phenomenology in fixing the reference of the concept, arguing that our phenomenology as of deciding or acting freely is typically accurate, even if determinism is true. The result is a realist, naturalistic framework for theorizing about free will, according to which free will almost certainly exists and we act freely. Deery's position mostly sidesteps the question of whether free will is compatible with determinism. Even so, Deery maintains that his natural-kind view about free will supports compatibilism and provides compatibilists with an attractive way to be realists about free will. Deery also responds to recent empirical threats to free will, including those posed by findings about behaviors caused by implicit biases. Finally, Deery shows how his view possesses the resources to address emerging questions about whether artificially intelligent agents might ever act freely or be responsible for their behaviors, and if so in what sense.

Wrongdoing and the Moral Emotions

Author : Derk Pereboom
Publisher : Oxford University Press
Page : 208 pages
File Size : 43,8 Mb
Release : 2021-08-05
Category : Philosophy
ISBN : 9780192661081

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Wrongdoing and the Moral Emotions by Derk Pereboom Pdf

Wrongdoing and the Moral Emotions provides an account of how we might effectively address wrongdoing given challenges to the legitimacy of anger and retribution that arise from ethical considerations and from concerns about free will. The issue is introduced in Chapter 1. Chapter 2 asks how we might conceive of blame without retribution, and proposes an account of blame as moral protest, whose function is to secure forward-looking goals such as the moral reform of the wrongdoer and reconciliation in relationships. Chapter 3 considers whether it's possible to justify effectively dealing those who pose dangerous threats if they do not deserve to be harmed, and contends that wrongfully posing a threat is the core condition for the legitimacy of defensive harming. Chapter 4 provides an account of how to treat criminals without a retributive justification for punishment, and argues for an account in which the right of self-defense provides justification for measures such as preventative detention. Chapter 5 considers how we might forgive if wrongdoers don't basically deserve the pain of being resented, which forgiveness would then renounce, and proposes that forgiveness be conceived instead as renunciation of the stance of moral protest. Chapter 6 considers how personal relationships might function without retributive anger having a role in responding to wrongdoing, and contends that the stance of moral protest, supplemented with non-retributive emotions, is sufficient. Chapter 7 surveys the options for theistic and atheistic attitudes regarding the fate of humanity in a deterministic universe, and defends an impartial hope for humanity.

A Theory of Legal Punishment

Author : Matthew C. Altman
Publisher : Routledge
Page : 211 pages
File Size : 50,7 Mb
Release : 2021-05-05
Category : Law
ISBN : 9781000379341

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A Theory of Legal Punishment by Matthew C. Altman Pdf

This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. A central question in the philosophy of law is why the state’s punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community’s collective sense of resentment at being wronged. This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory’s advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.

The Palgrave Handbook on the Philosophy of Punishment

Author : Matthew C. Altman
Publisher : Springer Nature
Page : 801 pages
File Size : 50,7 Mb
Release : 2023-03-23
Category : Philosophy
ISBN : 9783031118746

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The Palgrave Handbook on the Philosophy of Punishment by Matthew C. Altman Pdf

This Handbook provides a comprehensive survey of major topics in the philosophy of punishment from many of the field’s leading scholars. Key features Presents a history of punishment theory from ancient times to the present. Evaluates the main proposed justifications of punishment, including retributivism, general and specific deterrence theories, mixed theories, expressivism, societal-defense theory, fair play theory, rights forfeiture theory, and the public health-quarantine model. Discusses sentencing, proportionality, policing, prosecution, and the role punishment plays in the context of the state. Examines advances in neuroscience and debates about whether free will skepticism undermines the justifiability of punishment. Considers forgiveness, restorative justice, and calls to abolish punishment. Addresses pressing social issues such as mass incarceration, juvenile justice, punitive torture, the death penalty, and “cruel and unusual” punishment. · With its unmatched breadth and depth, this book is essential reading for scholars who want to keep abreast of the field and for advanced students wishing to explore the frontiers of the subject.