Myself, I do not even know what the will is, or what it could possibly be free from. The influence of the universe?
Fear sounds like an implicit assertion of choice, but i think you mean something more subtle.
Let my try to put it another way. People are complex systems that can be influenced. Water tends to flow downhill, we can set up troughs to control the flow of water. The flow is complex, and some water will splash out, but generally the water does follows the system. Likewise, we can set up legal troughs to guide people to the behavior we want. (I know argument by analogy is crappy, i'm just hoping we can agree on this point, and i think we do.) There's a whole other argument about why we would set up those legal rules, but i'd like to set that aside for a moment (if it's a big deal, or fundamental in some way, i'd like to hear your side. I'm not sure i can meaningfully engage that point)
It seems like, punishment would need to be interpreted purely as societal cost. So you tally up the wreckage from the car accident example above, say $25,000 and 2 lives.
I don't really see how we can have both manslaughter and murder, without free will. What extra thing did the angry guy do? He didn't make a choice, because (for the sake of argument) he has no free will. What is the characteristic that makes what he did worse? The cost to society is the same.
> Myself, I do not even know what the will is, or what it could possibly be free from. The influence of the universe?
My personal interpretation (which is probably wrong, but something i'm willing to go back and forth on to come to consensus) Free will the mind having a choice in taking action, rather than the body just doing whatever, and the mind rationalizing it after the fact. Perhaps every action we take is just like a heartbeat. I have no control over that. Perhaps when i hold my breath, i'm not actually choosing to hold my breath, but the complex system that is my body holds it's breath and my mind is claims that it was responsible for that holding of breath. Or typing this comment, or whatever. I don't think there's any way i can know. It feels like my mind is in control, but my mind gets all of its information from (and the software runs on!) my body. my mind seems to control the hardware, but maybe i'm just rationalizing after the fact.
That doesn't require the concept of free will. Because for manslaughter and murder the reasons are different for the death. One is deliberate, one isn't.
> It seems like, punishment would need to be interpreted purely as societal cost. So you tally up the wreckage from the car accident example above, say $25,000 and 2 lives.
You would also want to calculate predicted future costs from that person, mainly from the point of view of harm to other people. If someone like them is likely to kill on average one or more people in the rest of their life then they aren't going to be allowed to interact with general society again. This doesn't need the concept of free will to implement. It only needs a sufficiently sophisticated way of determining of what harm a person like them will likely cause. This is in addition to the harm they have already caused, so there is no reason for someone to become a one time killer. And yes, getting the predictions right may be really tricky, and the way the courts currently sentence people may be a good as or better than trying to predict what people do on average. But the way courts sentence at the moment doesn't require the concept of free will anyway, because people do what they do because of reasons, human reasons, and they can differentiate there.
I don't think so. I think determinism makes "punishment" as a concept, completely nonsensical--you can't punish someone for something they didn't choose to do. I think determinism pushes the focus to rehabilitation rather than punishment, which for many types of crimes (i.e. drug use, computer hacking, nonviolent robbery) is clearly more effective in preventing recidivism (and I'd argue that for crimes where it's not effective, that we haven't really explored rehabilititation because of the widespread belief in free will).
> I don't really see how we can have both manslaughter and murder, without free will. What extra thing did the angry guy do? He didn't make a choice, because (for the sake of argument) he has no free will. What is the characteristic that makes what he did worse? The cost to society is the same.
Agreed. But does this highlight a problem with a deterministic world view, or does it highlight a problem with the distinction between manslaughter and murder?
That is a really interesting point. I'm not convinced, but you've given me a ton to think about.
> There are a lot of people
> who will not commit crime
> only because they fear the
> consequences