law and free will

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LAW AND FREE WILLThe demise of free will and its profound influence on legal

systeI Yordan Nugraha


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TOREFLECT


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The Case of Afriyani Susanti4


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The Case of Afriyani Susanti9 peopldied, 4injured

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EXAMINING THE NOTION OF FRWILL


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reeWill

The belief that humans are free and conscious in making choices a

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You say: I am not free. But I have raised and lowered my arm. Everyonunderstands that this illogical answer is an irrefutable proof of freedom

reeWill

Seems self-evident

Leo Tolstoy

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n es s o ree :Determinism

Everything is determined by causal relation of laws of nature,and therefore humans thoughts and decisions are determined byoutput.

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This output Outside this bein


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Determinism

If the output is slightly changed

Thoughts and decisions will change radically. Humans are constrained boutputs.

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Demise of Free Will

Functional magnetic resonance imaging showsthat two brain regions contain information about

which button to press 7 to 10 seconds before onewas conscious of it.

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INFLUENCE ON LEGALSYSTEM


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Mens Rea

The person who with deliberate intent takes the life of another personbeing guilty of manslaughter, be punished by a maximum imprisonmentfifteen years.

Article 338 of Indonesian Penal Code

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Private Law

A contract is concluded, without any further requirement, if the parties: (a) intend to enter into a binding legal relationship or bring about some other legal effect.

Article II 4:101DCFR

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Incompatibility

With the demise of the concept of free will,legal systems are

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Compatibilist approach

Even though the cause of thoughts and actions are triggered fromoutside, it is still our conscious thoughts and actions.

Daniel Dennett

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Compatibilist approach

Since we are conscious of it, we are capable of differentiatingintentional and non-intentional acts.

Thus the principle of partyautonomy

can still be embraced.

However Problem from utilitarian perspective

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approach

The concept of strict liability in tort law can be applied to replace partyautonomy.

This is true in principle.

However Problem legal systems must be reformulated!

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CONCLUSION


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Conclusion

The notion of free will is obsolete.

As legal systems are fundamentally grounded on party autonomy, thesesystems also become obsolete.

Solution: stay with the same system and justify it with compatibilist approaor reformulate law with strict liability.

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References

Asworth, Andrew, Principles of Criminal Law (2009)Dennett, Daniel, Brainstorms: Philosophical Essays on Mind and Psychology (MIT PressHarris, Sam, Free Will (Free Press 2012)Harris, Sam, The Moral Landscape (Free Press 2010)Kotz, Hein, European Contract Law (1998)

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Thank you for your attention

Questions and falsifications are

expected

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law and free will

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