I've been writing about the free will issue for a while and, by gum, I'm still a determinist libertarian. I may be the only one. Passing over the apparent paradoxes, I recently came across this piece thanks to Tom Clark of Naturalism.org. In it Sue Blackmore of The Guardian writes:
For example, our legal system is largely based on belief in free will, which leads us into all kinds of tangles. For example, we accept that people who are too young or mentally disturbed are not responsible for their actions and should not be punished, while everyone else is. But then along comes evidence that, for example, Mr G carries the "murderer gene", or Ms T's kleptomania was caused by pre-natal trauma, or that Mr F couldn't resist the advertisements for sweet foods that made him violent. What do we do? We try to protect the idea of free will, while the possible space for its operation shrinks. The combine harvester comes round again and the terrified field mice squeal "But you can't take away our consciousness and our free will! The world will fall apart, our legal system will be destroyed, all hell will break loose."
Like many naturalists, I say it won't, and it is high time we faced up to the changes we need to make. We can do this personally by practising not thinking in terms of free will. We can do it communally by realising that our legal system can punish wrongdoers not because they could have done otherwise and freely chose to be bad, but because some punishments are effective. Indeed, I believe this approach would be better. Instead of asking how much punishment someone deserves, we should ask what actions we can take to make this person behave better in the future, and others not follow this bad example. More constructive use of prison and other kinds of sentences might even result.
I largely agree. I might even take it further: I think it's high time we pass to a condition in which we moved away from the criminal and toward the clinical. That's not to say there won't be "tangles" here too, but it's to argue that if, in principle, there are physiological underpinnings (whether due to nature, nurture or a mix) to violent or harmful behaviors, then these are in some sense "curable." Just as not all diseases are curable in practice, not all criminal pathologies/congenital illnesses will be either. But they are in principle at least--which should should set us on a path to looking for remedies. Therefore, it's also time we moved ourselves closer to a research paradigm in which people are actually investigating these "illnesses." Whether we look at violent offenses as the result of moral failings or psycho-chemical compulsions, offenders should still be removed from society. So what does mens rea add in these instances?
Lest I run afoul of any Szaszians, let me say that the relationship between neurochemistry and behavior is very close and this relationship offers us something more than folk psychology (cum the 1950s lobotomy) to justify treatment. Indeed, that's the whole idea. Science has come a long way and can go a lot further. Anyway, more on this later. I should admit I am somewhat uncomfortable with the idea of a board of appointed neuroscientists empowered to determine folks' fate outside the judicial system. I agree this presents problems of a legal and political nature. Though ones not insoluble, perhaps.
Note: I like seeing all these evangelical atheists like Blackmore and Hitchens in the press lately, though I'm not one. Spread your wings. My Christian friends and I prefer that we tolerate each other mutually, which is good for me being in an athiest minority. But I did squirm enough as a child being "witnessed to" and so forth by fundamentalists--enough to appreciate a little theological tit for tat in the press. In any case, Sue Blackmore, who has a great combine harvester metaphor in the piece cited above, would have much more fun writing in the States than in Britain. There's just so much more fodder here. Or should I say there are more "field mice"? Our free market in religion (separation of church and state) has ensured religious flourishing, for better or worse. In any case, trying to convince the deluded that they may also be delusional is much more important when it comes to those who worship Government. Those who worship God aren't really doing anyone any harm, these days.