Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Academic
: Legal Theory BlogHumbach on Free Will
By Lawrence Solum
John A. Humbach (Pace University School of Law) has posted Free Will Ideology: Experiments, Evolution and Virtue Ethics on SSRN. Here is the abstract:
Free will could never have evolved in a world of ordinary biological forces. There is, moreover, substantial experimental evidence against it. This evidentiary situation is a serious moral concern because free will ideology plays a key role in justifying punishment in criminal law. People draw a sharp distinction between the suffering of innocents and suffering that is deserved. As a basis for criminal punishment, the very concept of just deserts usually presupposes that wrongdoers have a choice in what they do. The essay proceeds from the assumption that hurting people is presumptively wrong and therefore requires justification. If this assumption is true, then the factual dubiousness of free will presents a serious problem for current penal practices. Because the evidence makes free will unlikely and the logic of evolution makes it impossible, an important underpinning of the criminal law appears to fail. A variant of free will, so-called compatibilism, does not solve or avoid the problem of justification. It seems on the contrary to be merely a repackaging of an ancient form of virtue-ethics under which people are deemed to deserve to suffer because they are what they are.
This is not my understanding of either compatibilism or virtue ethics.
Full post as published by Legal Theory Blog on July 07, 2009 (boomark / email).
Parody is a Protected Form of Speech
Targets of criticism seek to shut down Internet sites that poke fun
ValueClick
allegedly violated consumer protection laws by promising ‘free’ goods that where not actually free.
Oppenheimer ATM-Free New York Municipals
401(k) / ERISA Stock Fraud
Free Speech
Canterbury agrees to pay $60,000 settlement in civil rights lawsuit.
Indianapolis
alleging the city's police are overly aggressive against the homeless in violation of the protection of free speech and unreasonable searches guaranteed in the US Constitution.
TransUnion
Class action credit practices suit offers free credit monitoring services for millions.
Free Water Sewer Services
US Cold Storage to pay $125,910 in sewer service settlement.

Get Your Free Case Law on the Web
Free as in FREE BEER Brewing in Berlin
FSCONS: Free Society Conference and Nordic Summit
Get Your Free Case Law on the Web (Law.com)







