Speakpigeon
Contributor
- Joined
- Feb 4, 2009
- Messages
- 6,317
- Location
- Paris, France, EU
- Basic Beliefs
- Rationality (i.e. facts + logic), Scepticism (not just about God but also everything beyond my subjective experience)
Courtrooms are places where guilt and blame are individualized and assigned, not determined.
I don't think courtrooms are places where freewill is routinely assessed. Occasionally quite possibly, not routinely. Free will is known from us primarily because we have a sense of free will, so from the inside so to speak, not from observing how others behave. We infer free will in others just like we infer pain and joy, which requires some kind of assessment on our part, which can itself be mistaken.
If one has sufficient resources it becomes obvious that free will for such a person is greater than for someone of lesser means.
You seem to mix up free will and other things like freedom, capabilities etc.
Does a person really have free will if they are forced to steal to support themselves and their families? Academically I think we agree that this person still possesses free will, but practically their choices are more limited than someone who controls greater resources.
And "practically" is not free will.
This deterministic side of compatibilism can be viewed as very broad in scope or arbitrarily restricted by immediate, local conditions. And the same for free will.
Claiming free will is one thing, but claiming freedom of choice, and therefore guilt, is really something else.
Courts will typically assess freedom of choice, not free will, except in extreme cases. That's the basis for assessing personal responsibility.
EBFreedom of choice
an individual's opportunity and autonomy to perform an action selected from at least two available options, unconstrained by external parties.
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