'Suppose that Mark and Bill live in a deterministic universe. Everything that happens this morning — like Mark’s decision to wear a blue shirt, or Bill’s latest attempt to comb over his bald spot — is completely caused by whatever happened before it.If you recreated this universe starting with the Big Bang and let all events proceed exactly the same way until this same morning, then the blue shirt is as inevitable as the comb-over.
1) In this deterministic universe, is it possible for a person to be fully morally responsible for his actions?
2) This year, as he has often done in the past, Mark arranges to cheat on his taxes. Is he is fully morally responsible for his actions?
3) Bill falls in love with his secretary, and he decides that the only way to be with her is to murder his wife and three children. Before leaving on a trip, he arranges for them to be killed while he is away. Is Bill fully morally responsible for his actions?
To a classic philosopher, these are just three versions of the same question about free will. But to the new breed of philosophers who test people’s responses to concepts like determinism, there are crucial differences, as Shaun Nichols explains in the current issue of Science.
Most respondents will absolve the unspecified person in Question 1 from full responsibility for his actions, and a majority will also give Mark a break for his tax chiseling. But not Bill. He’s fully to blame for his heinous crime, according to more than 70 percent of the people queried by Dr. Nichols, an experimental philosopher at the University of Arizona, and his Yale colleague Joshua Knobe.
Is Bill being judged illogically? In one way, yes. The chain of reasoning may seem flawed to some philosophers, and the belief in free will may seem naïve to the psychologists and neuroscientists who argue that we’re driven by forces beyond our conscious control — an argument that Bill’s lawyer might end up borrowing in court.
But in another way it makes perfect sense to hold Bill fully accountable for murder. His judges pragmatically intuit that regardless of whether free will exists, our society depends on everyone’s believing it does. The benefits of this belief have been demonstrated in other research showing that when people doubt free will, they do worse at their jobs and are less honest.'
The article continues with some examples and explanations from the realm of experimental philosophy that, if followed to logical ends, could have some interesting implications for the criminal legal system. However despite the curiosities such reasonings hold, it is not very likely to play a heavy role in the justice system anytime soon. The 'fate made me do it' excuse just doesn't seem like it would carry too much weight with jurors in this day and age, however intellectually fascinating the more philosophically inclined might find it.
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