Humphnaegal wrote:
That's not a strawman.
Of course it is. An extraordinarily idiotic one.
Humphnaegal wrote:Preventing something doesn't even require that the thing you're preventing be conscious, it just requires that it has behavior that you can try to predict. That was the point of the asteroid example.
In terms of law, the entire concept of "prevention" is based on "punishment." It is telling people that if they act a certain way that we consider to be negative, they will be punished in a certain way. If people do not have the ability to make their own decision, choose their own courses of action, then punishing those actions is NOT prevention. It is simply punishment. How do you not understand this?
Humphnaegal wrote:
Something not being simply determined by physical processes is mystical and poorly defined, because there are no other processes known.
Whoever said free will ISN'T determined by physical processes? I never claimed otherwise. For some reason you have this bizarre hang-up where physical processes = deterministic.
Humphnaegal wrote:
You don't have to know the outcome for a system to be deterministic. Anything that happens in the universe is grossly causal and is therefore grossly deterministic.
Probabilistic =/= deterministic. Do you understand what deterministic implies?
Humphnaegal wrote:A human being is just a really complex chemical reaction with many feedback loops, yet it's still determined by everything physical that goes into it, and has an outcome purely based on those factors.
So? Nobody is disputing this. I even made the same damned point a couple of posts ago, including a discussion of why the uncertainty principle prevents us from calling this a deterministic model. Of course, you completely ignored this.
Humphnaegal wrote:Which is irrelevant, since the important thing is predicting behavior based on what we know, and since the only thing we can know is what we can observe, any independent element to will, that is not simply a result of physical processes, can by its very nature, not be investigated.
Therefore free will is not needed for law.
You have yet to demonstrate why physical processes is the same thing as a deterministic model, or address the several points I have made about the probabilistic nature of physical processes.
Humphnaegal wrote:
A decision being involuntary doesn't mean that outsiders know the outcome, and it doesn't mean that they won't act - based on their own in built inclinations - to prevent a perceived outcome. It doesn't make it immoral either.
Of course it does. If people have no capacity for choice, they have no capacity for deciding their own actions; therefore, you are arbitrarily punishing people for things outside of their control. Which does nothing to prevent future outcomes.
Humphnaegal wrote:
If we don't want people to be murdered, we stop the murderer and isolate him from society to prevent further killings. We judge his sentence time based on how likely he is to recommit, and this is based on things such as whether it was a crime of passion instant outburst, or a pre-meditated crime, suggesting a more permanent dangerous makeup in this killer.
So law is all about punishment, instead of prevention? Now you are backpedaling. Now you are saying we should punish people for actions we deem to be wrong, despite the fact that they have NO CONTROL over those actions. Punishing one murderer does nothing to prevent people from murdering, because these actions are involuntary. Arguably, since we don't have free will according to you, the fact that we choose to imprison this murderer was predetermined ANYWAY, so he was never going to murder anyone else, etc. etc.
Also, don't think I didn't notice how you completely ignored ALL of the examples I gave in a previous post about grey areas of the law, where we have to take into account people not being in direct control of their actions. (i.e. the insane, mentally challenged, etc.)
Humphnaegal wrote:Of course, it should be noted that many of our decisions can be considered involuntary, especially since experiments have shown that with a hook-up to the brain in the lab, you can know what decision somebody is going to make even before they know it, and this with a good degree of accuracy.
Not true. Even besides your misrepresentation of what the experiments actually involved, those experiments were conducted in the early 1980s, and have since been thoroughly debunked (well, at least the conclusions were, the results WERE real, they just don't indicate what Libet thought they did). Look at
this and
this.
If people do not have free will, they do not have the capacity to make their own decisions. Any actions they take are beyond their control. Therefore, they are not responsible for the outcomes of those actions, as they did not make any decision to initiate them. If the law is about prevention, we are talking about punishing a criminal in order to deter the same crime being committed by other people. However, if people lack free will, punishing one criminal does nothing to deter other criminals, as they don't have the capacity to make that decision in the first place. Furthermore, it is arguably immoral, as you are arbitrarily handing out punishment to people despite their inability to perform any action besides the one that they performed. In this case, the purpose of law is PUNISHMENT, not PREVENTION.
In order for law to be about PREVENTION, you must acknowledge that people can choose one or another action based on external factors. Once you acknowledge that people have the ability to choose, you are just playing semantics when you still dismiss the notion of free will.