ThomasT said:
Those who believe that their 'wills' are 'free' might miss some important opportunities to engineer their environments so as to maximize the probability that they'll make the choices that will help them progress toward their goals.
With D, we don't make choices.
We punish behaviors that we want to minimize or erradicate. It doesn't matter if the behavior was strictly determined or not. If it's deemed a threat to the desired social order, then it's punished. If it's deemed beneficial, then it's rewarded. If our wills are free, then why is operant conditioning so effective?
We don't minimize or eradicate anything under D. There is no willful conduct (an important legal concept). Everything that happens is predetermined. Operant conditioning is an experimental activity. Experiments involve choice and control. Choice and human control do not exist under D. Everything is in effect controlled by "destiny and fate". All human actions are passive.
Believing that Nature is operating at the most fundamental level with some "fine-grained randomness", or that the murderers that we execute could have behaved any differently than they did given the circumstances (including their internal and external histories) won't obviate our efforts to control and direct behavior. Indeed, for those who believe that Nature is fundamentally random, then what's the point ... of anything -- and the defense attorney could then argue that the murderer's actions were the result of unpredictable spontaneous quantum brain farts.
Legal defenses based on "diminished capacity" rarely result in acquittals. More likely, they may reduce the penalty. Besides this defense is very specific to the individual. With D, no one can be held responsible for their actions. The future is "set in stone." Without D, we can hope to change the future through positive willful action.
With a classical gas, we can calculate entropy (under constrained conditions) using Boyle's Laws regarding the deterministic relation between pressure, temperature and volume. These laws describe the mass action of particles. However, the position and momenta of individual particles is effectively random. When we measure something repeatedly (assuming no significant time dependency) random error cancels out to give us a well determined result within certain limits. This view of effective determinism and effective randomness is well established in science. I don't see where this "ideological" need for strict D comes from. It can't be proven and conflicts with existing paradigms of QM.
Many of the attitudes codified in our laws haven't caught up with what modern science is teaching us.
So far science hasn't established D. The existing paradigm is still local indeterminism. It is a mistake to place the prestige of science behind a view that neither is proven nor the
de facto existing paradigm based on QM and Bell's Theorem. When you day "everyone" believes in D, I question whether this is true.
Why don't you address my point that with D, we lose the concept of causality and only can speak of correlations such that R^2 always equals unity or zero? Suppose, given that over a certain total dose (X) of cigarettes (packs per day x days), lung cancer always occurs. Also yellow fingers always occur. Both yellow fingers and dose X are fully correlated with lung cancer, but only dose X causes ling cancer. With D, both conditions are simply state attributes that are always followed by lung cancer. Without D, in theory we can perform experiments which involve control of exposure. We can differentiate between cause and correlated consequents. Under D, human control of any situation does not exist.