Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

I agree that free will functionally doesn't exist. However for the purposes of social organization I see no better alternative than to treat each person as an agent and hold them fully accountable for their actions, regardless of upstream "causal" impacts.

If you're starving/high/whatever and you violate someone else's fundamental rights, the reasons/excuses you give as to why your control was compromised seem irrelevant. Actions and outcomes count, not intentions.



> If you're starving/high/whatever and you violate someone else's fundamental rights, the reasons/excuses you give as to why your control was compromised seem irrelevant. > If you're starving/high/whatever and you violate someone else's fundamental rights, the reasons/excuses you give as to why your control was compromised seem irrelevant. Actions and outcomes count, not intentions.

Yes, people _often_ people give rationalizations of dubious merit. These are muddled, complicated 'reflections' of the full reality. So it is wise to not give them too much weight. (But it can be very interesting to try to parse them, but that's another topic...!)

Next point. From a predictive point of view about public safety, the context and situation matters. For example, consider the case of an addict who regularly steals because he is driven by the addiction. If he can break the habit (hopefully with help of many kinds), the theft problem largely goes away. Understanding the dynamic helps us understand downstream outcomes.


> Actions and outcomes count, not intentions.

There is a whole division in law around mens rea vs actus reus that disagrees with this take.


I'm aware, but the bar for a guilty mind is quite low. You basically have to have known what you are doing, which we assume just about every conscious person does. There are also crimes where mens rea isn't even applied to a perpetrator, but to a reasonable objective analyzer (eg. manslaughter).


> I'm aware, but the bar for a guilty mind is quite low.

Do you mean this in terms of a cross-system comparison (i.e. variation between legal systems)?

Do you mean this in terms of some philosophy that lays out a more sensible stance?

I've been digging into this somewhat; happy to learn more.




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: