Marvin Edwards
Veteran Member
Whether one acts appropriately or inappropriately is not a matter of will.
Whether one acts appropriately or inappropriately is a matter of choice. The choice sets the intent (will), the intent drives the action.
If a child lacks impulse control, due to a sense that he has no choice, then the child is taught the appropriate behavior, and is reinforced with praise, so that he learns to make the right choices in the future, and avoids the penalty of a stern look and perhaps a timeout.
Learning from our mistakes requires the notion of possibilities, actions that the child could have taken instead, like waiting until he was served his piece of the birthday cake. And he can try out these new possibilities at the next birthday party.
The state of the system determines output.
Now, if you can see it yet, "the state of the system determining output" is exactly what I just described. The state of the child's system before correction led to him taking a handful of the birthday cake. The interventions we provided have hopefully altered the state of the child's system, so that the child thinks twice before sticking his hand in the cake.
Now, after the child has acquired the habit of acting appropriately, he will no longer need to choose between what he feels like doing versus what he ought to do. He will behave appropriately without having to choose to do so.
A habit is behavior that is also governed by choice, however, the choosing took place a long time ago, and the habit makes repeated choosing unnecessary.
You say that it is ''the empirical event in which you made that choice for yourself, while free of coercion and undue influence'' - the problem being that there is no choice on the matter of brain condition in the moment of necessitated action realization. Therefore no absence of 'influence' (think necessitated), consequently it is not a free will choice.
As always, every event is always causally necessary from any prior point in time. That's just a background constant. We could describe any series of events by inserting "it was causally necessary from any prior point in time that X (the event) would happen". But that can simply be taken for granted, to avoid wasting a lot of time and space constantly repeating the obvious. In fact, we can forget about universal causal necessity altogether and get along just fine in the real world.
What we care about in the real world is the specific causes of specific effects. Knowing the causes of events gives us control over many events that affect our lives, like viral diseases.
The specific cause of a deliberate act is the act of deliberation that chose to do it. For a habitual offender, the choice was made long ago, and the behavior will be difficult to extinguish, because the robber has been rewarded repeatedly by the money he successfully acquired by placing the clerk under duress (pointing a gun at them).
So, ironically, the less control the offender had over his most recent choice, the bigger the challenge to those who would rehabilitate him, and the longer he will need to be in jail.
To sum up, causal necessity always applies so it is never required to bring it up, and only the details as to how the robber was thinking when he decided to hold up the 7Eleven, and how we might alter that "line of thinking" (causal chain) in the future (later causal chain), through counseling and rehabilitation are important.
But the most important thing to keep in mind is that rehabilitation is impossible without the notion of alternatives to his past behavior, things he could have done instead, and having those alternatives perceived by the offender as real possibilities for his own future.
Of course, a functional brain with the necessary information should generate appropriate behaviour, empathy, ethics, law, societal expectations, etc. Not always perfectly, sometimes not even ideal, which is a matter of condition, not free will.
But the notion of free will, that one can choose, on his own, to behave differently in the future, is essential to his rehabilitation.
If we were to convince the offender that he was not responsible for his past behavior, because it was the result of causal necessity, and not anything over which he had control, then, to be consistent, we would also have to tell him that his future behavior will also be the result of causal necessity, and not anything over which he will have any control.
We must cease and desist from telling people that causal necessity removes their freedom and their control. First, because it is a lie. Second, because it is a harmful lie.
Free Will as a Matter of Law
''This chapter confronts the issue of free will in neurolaw, rejecting one of the leading views of the relationship between free will and legal responsibility on the ground that the current system of legal responsibility likely emerged from outdated views about the mind, mental states, and free will. It challenges the compatibilist approach to law (in which free will and causal determinism can coexist). The chapter argues that those who initially developed the criminal law endorsed or presupposed views about mind and free will that modern neuroscience will aid in revealing as false. It then argues for the relevance of false presuppositions embedded in the original development of the criminal law in judging whether to revise or maintain the current system. In doing so, the chapter shares the view that neuroscientific developments will change the way we think about criminal responsibility.''
So, now we're about to trap the legal system in the same stupid paradox? Geez, somebody needs to take some responsibility for what is about to happen, and put a stop to it.
... Life is far more complicated than that. The term 'free will' tells us nothing about human behaviour or its drivers.
That's right. Free will, like causal necessity, tells us only one thing. But unlike causal necessity, the one thing it tells us happens to be very useful information when assigning responsibility to the appropriate causes of an event. It tells us whether the behavior was deliberate.
Knowing whether the behavior was, or was not, deliberate is essential to choosing the appropriate means of correction.
Knowing that the behavior was causally necessary, tells us nothing useful, because all behavior is always causally necessary.