Free will & Moral responsibility
AQA Ethics
Determinism on punishment
Determinists typically claim that punishment cannot be justified retributively because without free will and moral responsibility, there is no coherent sense in which a criminal can be said to ‘deserve’ the punishment.
You know what's coming...
It's one thing for determinists to make this claim while framing the claim itself as advocates of free will do. What I call the "free will determinists". It's another thing all together however to make this claim while acknowledging that they were never able not to make it.
Punishment occurs as it does because it was never able not to occur as it does. The justifications given are just one more component of the only possible reality. Same with attributing moral responsibility to the one being punished.
Although, again, I'm the first to admit I am not really understanding this distinction in the most rational manner.
The Supreme court of the USA: Free will is a ‘universal and persistent foundation stone in our system of law” and that therefore determinism is “inconsistent with the underlying precepts of our criminal justice system”.
Right, like the Supremes aren't in the same boat -- "the gap", "Rummy's Rule" -- all the rest of us are in.
On the other hand, point taken? We have to assume we have free will even if that assumption itself is compelled by brains wholly in sync with the laws of matter. Ater all, how does one even begin to wrap their head around a world -- a human condition -- that really is just nature's very own equivalent of dominoes all toppling over onto each other autonomically. The brain interchangeable with all of the other organs in our body?
As this statement by SCOTUS shows, libertarians worry that without free will and moral responsibility, the idea of punishment will fail to make sense and we won’t be able to justify punishing criminals, which could make our society fall apart. If a criminal had no choice or control over their actions or even their intentions, as determinism claims, then it’s hard to see how we could justify putting them in prison. Some determinists conclude that punishment cannot be justified.
All of this fretting about something that really may well be completely beyond our control. Still, how many determinists who conclude that punishment cannot be justified are also willing to acknowledge that their own conclusion is just one more domino toppling over on cue like the criminal committing a crime that he or she was never able not to?