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This reissue was first published in 1978. Anthony Kenny, one of the most distinguished philosophers in England, explores the notion of responsibility and the precise place of the mental element in criminal actions. Bringing the insights of recent philosophy of mind to bear on contemporary developments in criminal law, he writes with the general reader in mind, no specialist training in philosophy being necessary to appreciate his argument. Kenny shows that abstract distinctions drawn by analytic philosophers are relevant to decisions in matters of life and death, and illustrates the philosophical argument throughout by reference to actual legal cases. The topics he covers are of wide general interest and include: mens rea and mental health, strict liability, freedom and determinism, duress and necessity, intoxication and irresistible impulse, intention and purpose, murder and rape, punishment and deterrence, witchcraft and supernatural beliefs.
In his book, philosopher and law professor Ken Levy explains why he agrees with most people, but not with most other philosophers, about free will and responsibility. Most people believe that we have both – that is, that our choices, decisions, and actions are neither determined nor undetermined but rather fully self-determined. By contrast, most philosophers understand just how difficult it is to defend this "metaphysical libertarian" position. So they tend to opt for two other theories: "responsibility skepticism" (which denies the very possibility of free will and responsibility) and "compatibilism" (which reduces free will and responsibility to properties that are compatible with determinism). In opposition to both of these theories, Levy explains how free will and responsibility are indeed metaphysically possible. But he also cautions against the dogma that metaphysical libertarianism is actually true, a widespread belief that continues to cause serious social, political, and legal harms. Levy’s book presents a crisp, tight, historically informed discussion, with fresh clarity, insight, and originality. It will become one of the definitive resources for students, academics, and general readers in this critical intersection among metaphysics, ethics, and criminal law. Key features: Presents a unique, qualified defense of "metaphysical libertarianism," the idea that our choices, decisions, and actions can be fully self-determined. Written clearly, accessibly, and with minimal jargon – rare for a book on the very difficult issues of free will and responsibility. Seamlessly connects philosophical, legal, psychological, and political issues. Will be provocative and insightful for professional philosophers, students, and non-philosophers.
Determinism is, roughly, the thesis that facts about the past and the laws of nature entail all truths. A venerable, age-old dilemma concerning responsibility distils to this: if either determinism is true or it is not true, we lack “responsibility-grounding” control. Either determinism is true or it is not true. So, we lack responsibility-grounding control. Deprived of such control, no one is ever morally responsible for anything. A number of the freshly-minted essays in this collection address aspects of this dilemma. Responding to the horn that determinism undermines the freedom that responsibility (or moral obligation) requires, the freedom to do otherwise, some papers in this collection debate the merits of Frankfurt-style examples that purport to show that one can be responsible despite lacking alternatives. Responding to the horn that indeterminism implies luck or randomness, other papers discuss the strengths or shortcomings of libertarian free will or control. Also included in this collection are essays on the freedom requirements of moral obligation, forgiveness and free will, a “desert-free” conception of free will, and vicarious legal and moral responsibility. The authors of the essays in this volume are philosophers who have made significant contributions to debates in free will, moral responsibility, moral obligation, the reactive attitudes, philosophy of action, and philosophical psychology, and include John Martin Fischer, Robert Kane, Michael McKenna, Alfred Mele, and Derk Pereboom.
This book, first published in 1987, is about the classic free will problem, construed in terms of the implications of moral responsibility. The principal thesis is that the core issue is metaphysical: can scientific laws postulate objectively necessary connections between an action and its causal antecedents? The author concludes they cannot, and that, therefore, free will and determinism can be reconciled.
Essays on Freedom of Action, first published in 1973, brings together original papers by contemporary British and American philosophers on questions which have long concerned philosophers and others: the question of whether persons are wholly a part of the natural world and their actions the necessary effects of causal processes, and the question of whether our actions are free, and such that we can be held responsible for them, even if they are the necessary effects of casual processes. This volume will be of interest not only to those who are primarily concerned with philosophy but also to students in those many other disciplines in which freedom and determinism arise as problems.
In his book, philosopher and law professor Ken Levy explains why he agrees with most people, but not with most other philosophers, about free will and responsibility. Most people believe that we have both - that is, that our choices, decisions, and actions are neither determined nor undetermined but rather fully self-determined. By contrast, most philosophers understand just how difficult it is to defend this "metaphysical libertarian" position. So they tend to opt for two other theories: "responsibility skepticism" (which denies the very possibility of free will and responsibility) and "compatibilism" (which reduces free will and responsibility to properties that are compatible with determinism). In opposition to both of these theories, Levy explains how free will and responsibility are indeed metaphysically possible. But he also cautions against the dogma that metaphysical libertarianism is actually true, a widespread belief that continues to cause serious social, political, and legal harms. Levy's book presents a crisp, tight, historically informed discussion, with fresh clarity, insight, and originality. It will become one of the definitive resources for students, academics, and general readers in this critical intersection among metaphysics, ethics, and criminal law. Key features: Presents a unique, qualified defense of "metaphysical libertarianism," the idea that our choices, decisions, and actions can be fully self-determined. Written clearly, accessibly, and with minimal jargon - rare for a book on the very difficult issues of free will and responsibility. Seamlessly connects philosophical, legal, psychological, and political issues. Will be provocative and insightful for professional philosophers, students, and non-philosophers.
Much discussion of morality presupposes that moral judgments are always, at bottom, arbitrary. Moral scepticism, or at least moral relativism, has become common currency among the liberally educated. This remains the case even while political crises become intractable, and it is increasingly apparent that the scope of public policy formulated with no reference to moral justification is extremely limited. The thesis of On Justifying Moral Judgments insists, on the contrary, that rigorous justifications are possible for moral judgments. Crucially, Becker argues for the coordination of the three main approaches to moral theory: axiology, deontology, and agent morality. A pluralistic account of the concept of value is expounded, and a solution to the problem of ultimate justification is suggested. Analyses of valuation, evaluation, the ‘is-ought’ issue, and the concepts of obligation, responsibility and the good person are all incorporated into the main line of argument.