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Joined 1 year ago
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Cake day: June 10th, 2023

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  • 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.


  • You don’t understand. Obviously everyone is a product of their environment. But after all of that, if the person wanted and intended to do something because of all of these different dispositions and upbringings and backgrounds, then they have mens rea.

    Like I said before, it’s purely a finding of fact. Does it mean that there shouldn’t be mitigating circumstances? No, there might well be reasons to argue that they were only doing so out of desperation. Nonetheless, they had mens rea.

    Recognising that there are all these complicated factors but not taking the time to at least make sense of them is the worst kind of determinism. Sure, there’s no free will in your conception. There still needs to be laws and concepts like mens rea still need defining to allow for the protection of “innocents” under the law.


  • Guilt and mens rea can be quite compatible with your admittedly strange idea of there being no free will (and yet trying to parse laws under a framework of people having free will), unless you believe that all acts are coercive (which is quite reductive).

    All you need to ask yourself is if the person wanted and intended to do that, whatever the nexus of causes led up to them wanting to do the act.

    It seems very weird (and a bit lazy) to subscribe to a framework of there being no free will and yet not even trying to contextualise the safeguards of the legal system to fit that framework. Sure you may agree with putting people in jail to prevent net societal harm, but mens rea is one of the checks to ensure that they will cause societal harm to others, and without being able to settle such a question of fact you will instead never be able to put anybody, even if they need to be put behind bars, there.