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Hard-determinism, soft-determinism, and
Hard and soft determinism essays
Soft determinism definition
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In Chicago in the year 1924, there occurred a kidnapping and murder of 14-year-old Robert Franks. The perpetrators of this act of murder were two 19 and 20-year-old, wealthy, and intellectually gifted young men, who were known as Nathan Freudenthal Leopold Jr and Richard Albert Loeb, collectively referred to as Leopold and Loeb (Staff 2009). Leopold and Loeb were ultimately taken into trial to face justice for their actions. Leopold and Loeb’s lawyer Clarence Darrow convinced Leopold and Loeb to plead guilty for the crimes of kidnapping and murder. Darrow pleaded with the judge that punishing Leopold and Loeb with the death penalty was the immoral conviction to be made. This was because Darrow stated that our genetics and environment are not …show more content…
Darrow explained to the judge that Leopold and Lobe did not act freely because they had no decision in the environment they were born into nor the genetics they were born with; hence they were destined to carry out this act (Sommers 2004). Darrow’s plea succeeded and Leopold and Loeb avoided the death penalty. Was Darrow correct that Leopold and Loeb’s actions were not free? Are all human decisions strictly a result of the environment they were born into and the genetics they were given, hence not free? In this paper, I will be refuting Darrow’s proposition that the Leopold and Loeb actions were not free.
Premise one in my argument is based on the philosophical view which is referred to as soft-determinism. In the following paragraph, I will attempt to adequately explain what is soft-determinism. Soft determinism is one of several opposing philosophical views to what is referred to as hard determinism. Hard determinists devoutly subscribe to the philosophical view of determinism. Determinism is the view
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It is true that our behaviour is the result of certain external forces. What is not true is that our behaviour is manipulated to such an extent where our actions are not regarded as free. Murder is an act which is universally acknowledged as a reprehensible act. If external forces do truly subjugate and manipulate our intrinsic beliefs and desires, no one would not commit murder. This is because for one to commit the act of murder they would have to eliminate the external societal forces which prevent one from committing this act. If it is then possible for one to eliminate an external force which does not align with one’s beliefs and desires, then external forces are evidently an influence on one’s actions not the sole explanation for their actions, nor a manipulation. The inherent predisposition for Leopold and Loeb to commit murder was indeed amplified by certain external forces which aligned with their beliefs and desires. Leopold and Loeb’s decision to murder was externally influenced to a certain degree but they both allowed the external forces to freely propagate within their minds and the ultimate decision to commit murder was a result of their free
In July of 2008, one of the biggest crime cases devastated the United States nation-wide. The death of Caylee Anthony, a two year old baby, became the most popular topic in a brief amount of time. Caylee’s mother, Casey Anthony, became the main suspect after the child supposedly was kidnapped and went missing. To this day, the Casey Anthony case shocks me because justice, in my opinion, wasn’t served. I feel as if the criminal conviction system became somewhat corrupted in this case. The entire nation, including the court system, knew that Casey Anthony was behind this criminal act, but yet she escaped all charges. I chose this case not only because it’s debatable, but also to help state the obvious, this case was handled the wrong way. Clearly the legal system was biased, which worked in Casey Anthony’s favor, freeing a murderer.
“DNA Testing and the Death Penalty.” ACLU: American Civil Liberties Union. 3 Oct. 2011. Web. 22 April 2014.
The view mentioned is alarming in two respects: First of all, in accordance with the way we see ourselves we are convinced that freedom is essential for man's being. Secondly, philosophers think they have excellent arguments against determinism.
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For Holbach, the very heart of his argument in defense of hard determinism is that all ...
Bowers, W, Pierce, G., and McDevitt, J.(1984), Legal Homicide: Death as Punishment in America, 1964-1982, 333
Dieter, Richard C. "Innocence and the Death Penalty: The Increasing Danger of Executing the Innocent." DPIC. Death Penalty Information Center, 1 July 1997. Web. 12 Dec. 2014. .
Many modern day scientists argue that humans construct the concept of free will rather than free will actually existing. The dialogue on this matter will likely continue for more years. While these scientists devote time attempting to prove their theories on the issue, other scientists research the effect on people when they believe their decisions are pre-determined for them. These studies prove that, regardless of the validity of the idea, people who call free will an illusion have lower moral standards than those with a belief in free will.
Edward I. Koch uses his essay “The Death Penalty: Can It Ever Be Justified?” to defend capital punishment. He believes that justice for murderous crimes is essential for the success of the nation. The possibility of error is of no concern to Koch and if would-be murderers can be deterred from committing these heinous crimes, he feels the value of human life will be boosted and murder rates will consequently plummet (475-479). Koch makes a valiant effort to express these views, yet research contradicts his claims and a real look at his idea of justice must be considered in order to create a fair nation for all.
...ed United States. U.S. Government Accounting Office. Capital Punishment. Washington: GPO, 1994 Cheatwood, Derral and Keith Harries. The Geography of Execution: The Capital Punishment Quagmire in America. Rowman, 1996 NAACP Legal Defense Fund . Death Row. New York: Hein, 1996 "Ex-Death Row Inmate Cleared of Charges." USA Today 11 Mar. 1999: 2A "Fatal Flaws: Innocence and the Death Penalty." Amnesty International. 10 Oct. 1999 23 Oct. 1999 Gest, Ted. "House Without a Blue Print." US News and World Report 8 Jul. 1996: 41 Stevens, Michelle. "Unfairness in Life and Death." Chicago Sun-Times 7 Feb. 1999: 23A American Bar Association. The Task Ahead: Reconciling Justice with Politics. 1997 United States. Federal Bureau of Investigation. Uniform Crime Report. Washington: GPO, 1994 Wickham, DeWayne. "Call for a Death Penalty Moratorium." USA Today 8 Feb. 1999: 17A ILKMURPHY
Neither soft determinism nor hard determinism successfully reconciles freedom and determinism. Soft determinism fails as it presents a limited type freedom, and it can be argued that the inner state of the agent is causally determined. Hard determinism presents a causally sound argument, whilst ignoring the moral bases of our society. Due to the failure of these theories to harmonize the data, the metaphysical problem of freedom and determinism persists.
In Truman Capote’s famous non-fiction novel, In Cold Blood, there is evidence that supports the injustices of the trial: death penalty. The final outcome of the trail was never to be any different than death. “Of all the people in all the world, the Clutters were the least likely to be murdered” (Capote 85). We know the two men who killed the Clutter family, Perry Smith and Bill Hickock, preplanned the crime with malice and forethought. Although the actions were crul and grusome, does Death Row fit what they did if their pasts, childhood environments and situation, are bad. Capote shows the effect of childhood on the killers and if the death penalty is fair. Capote gives the killers a voice to show their humanity by giving childhood accounts of their lives. He questions the justice of is the death penalty fair, and if inherent evil is a product of childhood or society. Is it nature or nurture? Capote gives a look into the minds of the killers and the nature vs. nurture theory. The detailed account the killers’ childhoods makes the reader sympathize with the Clutter family’s killers Smith and Hickock. Should they reserve the death penalty? Did Truman Capote take a stand on the death penalty? By giving the readers a detailed accounting of Perry Smith’s and Dick Hickock’s childhood, Capote sets up the reader for nurture vs. nature debate on the death penalty. The question then becomes, do the effects (if any) caused by environment in childhood make for a trained killer or a natural born one?
Although, there are people such a classical compatibilist that could argue that if Robert wanted to do otherwise then he would be able to, but if he was not able to then he was not able not to not want to commit this act. This can also be considered as the conditional analysis. Let’s take it one step at a time; If Robert wanted to not kill the innocent boys then he would not kill them, although the fact that he did kill them meant he was not able to do otherwise which brings us to believe that he did not have free will. A classical compatibilist would argue that Robert should not be blamed for his actions because he was not acting on free will and that he did not have free will coming up to the murder of the innocent
Determinism currently takes two related forms: hard determinism and soft determinism [1][1]. Hard determinism claims that the human personality is subject to, and a product of, natural forces. All of our choices can be accounted for by reference to environmental, social, cultural, physiological and hereditary (biological) causes. Our total character is a product of these environmental, social, cultural, physiological and hereditary forces, thus our beliefs, desires, values and habits are all outside of our control. The hard determinist, therefore, claims that our choices are determined by these factors; free will is an illusion because the choices and decisions we make are derived from our character, which is completely out of our control in creating. An example might help illustrate this point. Consider a man who has just repeatedly stabbed another man outside of a bar; the other man is dead. The hard determinist would argue that there were factors outside of the killer’s control which led him to this action. As a child, he was constantly beaten by his father and was the object of ridicule and contempt of his classmates. This trend of hard luck would continue all his life. Coupled with the fact that he has a gene that has been identified with male aggression, he could not control himself when he pulled the knife out and started stabbing the other man. All this aggression, and all this history were the determinate cause of his action.
8. Meltsner, Michael. “The Supreme Court and Capital Punishment.” Cruel and Unusaul. New York: Random House P, 1973.