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Full-Text Articles in Arts and Humanities
Criminal Law And Common Sense: An Essay On The Perils And Promise Of Neuroscience, Stephen J. Morse
Criminal Law And Common Sense: An Essay On The Perils And Promise Of Neuroscience, Stephen J. Morse
All Faculty Scholarship
This article is based on the author’s Barrock Lecture in Criminal Law presented at the Marquette University Law School. The central thesis is that the folk psychology that underpins criminal responsibility is correct and that our commonsense understanding of agency and responsibility and the legitimacy of criminal justice generally are not imperiled by contemporary discoveries in the various sciences, including neuroscience and genetics. These sciences will not revolutionize criminal law, at least not anytime soon, and at most they may make modest contributions to legal doctrine, practice, and policy. Until there are conceptual or scientific breakthroughs, this is my story …
On The Signpost Principle Of Alternate Possibilities: Why Contemporary Frankfurt-Style Cases Are Irrelevant To The Free Will Debate, William Simkulet
On The Signpost Principle Of Alternate Possibilities: Why Contemporary Frankfurt-Style Cases Are Irrelevant To The Free Will Debate, William Simkulet
Philosophy and Religious Studies Department Faculty Publications
This article contends that recent attempts to construct Frankfurt-style cases (FSCs) are irrelevant to the debate over free will. The principle of alternate possibilities (PAP) states that moral responsibility requires indeterminism, or multiple possible futures. Frankfurt's original case purported to demonstrate PAP false by showing an agent can be blameworthy despite not having the ability to choose otherwise; however he admits the agent can come to that choice freely or by force, and thus has alternate possibilities. Neo-FSCs attempt to show that alternate possibilities are irrelevant to explaining an agent's moral responsibility, but a successful Neo-FSC would be consistent with …
Just Desert, Onur Sahin
Just Desert, Onur Sahin
Featured Research
In this paper I examine the relevance of moral desert with regards to compatibilist accounts of moral responsibility. I look at two types of moral desert: (1) desert with relation to an agent and a moral community and (2) desert with relation to the moral worth of an agent or action. I begin by discussing Pereboom’s four cases and the problem that might arise for compatibilists given which view of moral desert they affirm. From there I explicate these two opposing conceptions of desert relevant to moral responsibility. I look at one example of the latter kind of desert: desert-as-merit. …