<br><br><div><span class="gmail_quote">On 4/5/07, <b class="gmail_sendername">scerir</b> <<a href="mailto:scerir@libero.it">scerir@libero.it</a>> wrote:<br>
<br>
</span><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">[I have the pdf of this paper, if somebody is interested]<br><br>Behav.Sci. Law. Feb 23, 2007
<br>'The concept of free will:<br>philosophy, neuroscience and the law.'<br>-S.Pockett<br>Various philosophical definitions of free will are first considered.<br>The compatibilist definition, which says simply that acts are freely willed
<br>if they are not subject to constraints, is identified as much used in the<br>legal system and essentially impervious to scientific investigation. A<br>middle-ground "incompatibilist" definition, which requires that freely
<br>willed acts be consciously initiated, is shown to be relevant to the idea<br>of mens rea and in the author's view not actually incompatible in principle<br>with a fully scientific worldview. Only the strong libertarian definition,
<br>which requires that freely willed acts have no physical antecedents<br>whatsoever, makes the existence of free will very hard to swallow<br>scientifically. </blockquote></div><br>
A non-believer in free will can still go along with the law as
something which is instrumental in bringing about the determined
behaviours. We put roofs on our houses in order to stay dry, and we
stay dry because the roofs are in place. Similarly, we punish criminals
to prevent further crimes and further crimes are prevented because we
punish criminals. However, I keep in mind the fact that the criminals
engage in their behaviour either because it is determined by their
genes and environment (in which case it isn't their fault) or due to
random processes (in which case it isn't their fault). Blaming and
revenge are in keeping with a belief in free will; tolerance and
compassion are in keeping with the absence of such a belief, although
tolerance and compassion do not prevent us from taking practical
measures to prevent crimes.<br>
<br>
Stathis Papaioannou<br>