NCJ Number
6804
Journal
Kentucky Law Journal Volume: 60 Issue: 2 Dated: (WINTER 1972) Pages: 350-371
Date Published
1972
Length
22 pages
Annotation
THE LEGAL SYSTEM REFLECTS THE VIEW THAT WHILE MAN IS NOT A COMPLETELY FREE AGENT, HE IS TO A SIGNIFICANT DEGREE THE SOURCE OF HIS OWN CONDUCT AND SO RESPONSIBLE FOR IT.
Abstract
THE AUTHOR REVIEWS VARIOUS PHILOSOPHICAL THEORIES, RANGING FROM THE DETERMINISTIC VIEW THAT MAN HAD NO REAL CHOICES THROUGH THE EXISTENTIALIST NOTION THAT MAN IS COMPLETELY FREE TO MAKE DECISIONS-ALL OF WHICH ARE MEANINGLESS. HE SUGGESTS THAT LEGAL SYSTEMS ADOPT A SOFT DETERMINISM, WHICH ALLOWS SOME MITIGATING CIRCUMSTANCES OR CONDITIONS, BUT ULTIMATELY HOLDS THE INDIVIDUAL RESPONSIBLE FOR THE CONSEQUENCES OF HIS ACTION.