Law Commons^™

Reforming Restorative Justice For Legal Philosophy, Hyun G. Lee

Hyun G Lee

Many jurisdictions around United States and rest of the world have implemented restorative justice practices as part of its justice system. Despite the growing number of restorative justice initiatives, “scholars of jurisprudence and legal philosophy … have paid little attention to the developments….” If the legal philosophy scholars accepted or engaged in restorative justice theory, there would be even broader acceptance of restorative justice practices. There are, however, several obstacles that prevent a broader acceptance of restorative justice.

First, restorative justice practitioners must use the same terminology and definition as legal philosophers, particularly the terms retribution and punishment. Restorative justice …

Hard Determinism, Moral Responsibility And Free Will, Hyun G. Lee

Hyun G Lee

There have been many scientific findings in neuroscience that suggests that people have no free will. Most philosophers, however, have been reluctant to embrace hard determinism. Hard determinism states that free will is incompatible with determinism, that free will does not exist, and that determinism is true. It further states that since moral responsibility requires free will, there can be no moral responsibility. However, must this be the case? Must all good aspiring hard determinists believe in no ultimate moral responsibility? I would like to argue that a good hard determinist may believe in ultimate moral responsibility, that even if …