• Sentrovasi
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    11 months ago

    You’re wilfully applying a very stunted concept of “wanted” to a legal system that deals in fact. I’m not saying you don’t understand whatever it is you claim to be supporting. What I’m saying you do not understand is the concept of “wanting” and “mens rea” (as it applies in law, but also as it applies under your framework - you’ve chosen instead to just pretend it’s no longer relevant instead of redefining it under your framework - like I said, the laziest kind of science.) And there’s really no point in me repeating what I’ve said before.

    Maybe what I’ll leave you with is a possible definition of “want” under your system, which is one step further in thought than it seems you’ve ever gone: an action is wanted if the action would have been taken with no immediate or overt external (needs to be defined) motivation. This means if they were abused as a kid and later this translated into abusing other people, they still wanted to abuse them.

    (As a note, I’m not saying this is the correct definition, but this is what is needed for people to start discussing what should and shouldn’t be in this definition.)

    Saying “nobody can want to do anything because determinism” is an incredibly lazy determinism because it’s starting with the axiom and then not bothering to come up with a proper framework to explain everything else in the world. If you continue to protest it not being lazy there’s really nothing else we have to talk about.

    • @[email protected]
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      411 months ago

      I will welcome any input that has a basis in biology, physics, or neuroscience. I think you’re taking the position that the conclusions you see as implied by a statement of physical and physiological fact as backed from every field from neuroimaging to developmental biology leaves us in a position that’s philosophically incompatible with the world as envisioned by the way we’ve currently constructed the law. Honestly, I would consider that to be the intellectually lazy position as it’s a rote defense of the status quo without making an attempt to address the actual argument.

      The law already recognizes that there are circumstances that are outside the control of the individual, and that our concept of justice demands that those conditions are exculpatory. I’m arguing that our present day understanding means that we need to increase the scope of that interpretation, and that criminal problems should be reimagined as medical problems with evidence-based treatment regimes.