RE: No soul? No free will and no responsibility then, yet the latter's essential...
August 21, 2020 at 8:36 am
We don't require brains to be able to do that to prosecute someone for assault - and even though we know that there are factors and circumstances which strongly correlate with future crime - we don't have to drop charges if we happen to find out that the defendant was mercilessly beaten as a child.
We think that this might have an effect on their free will just like so many other things does...right down to being hungry or having low blood sugar, but none of them save for a complete lack of fitness to stand is relevant to questions of guilt.
Not having any free will, at all, might absolve a person of moral guilt, as another poster mentioned..but legal guilt is not moral guilt, and our system runs on legal guilt. It's not necessary for our system to work as-is...but if we insist and if we want to consider it when we determine things like sentencing...that's fine. I love desert.
We think that this might have an effect on their free will just like so many other things does...right down to being hungry or having low blood sugar, but none of them save for a complete lack of fitness to stand is relevant to questions of guilt.
Not having any free will, at all, might absolve a person of moral guilt, as another poster mentioned..but legal guilt is not moral guilt, and our system runs on legal guilt. It's not necessary for our system to work as-is...but if we insist and if we want to consider it when we determine things like sentencing...that's fine. I love desert.
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