Akrasia – status of weak-willed actions in philosophy of law

  • Akrasia, or weak-will, is a term denoting a phenomenon when one acts freely and intentionally contrary to his or her better judgment. Discussion of akrasia originates in the Plato's Protagoras where he states that “No one who either knows or believes that there is another possible course of action, better than the one he is following, will ever continue on his present course”. However, in his influential article from 1970, Donald Davidson argued that akrasia is theoretically possible yet irrational. Some other critics of Plato's stance point out that phenomenon of akrasia is common in our everyday experience, therefore it must be possible. These two arguments in favor of akrasia existence – theoretical and empirical – will be discussed from both – philosophical and psychological points of view. Especially, George Ainslie's argument that akrasia results from hyperbolic discounting will be taken into consideration to show how it affects traditional thinking about weak-willed actions. Finally, the paper will discuss how the contemporary notion of akrasia may affect the idea of responsibility and free will. Implications for the philosophy of law will be shown, i.a. whether it is possible to claim that a given example of a weak-willed action was indeed free and intentional and one should be held responsible for its results.

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Metadaten
Author:Paweł Banaś
URN:urn:nbn:de:hebis:30:3-249258
Parent Title (English):25th IVR World Congress: Law, Science and Technology Frankfurt am Main 15–20 August 2011 ; Paper Series ; 067
Series (Serial Number):25th IVR World Congress: Law, Science and Technology Frankfurt am Main 15–20 August 2011 ; Paper Series (067)
Publisher:Goethe-Univ.
Place of publication:Frankfurt am Main
Document Type:Conference Proceeding
Language:English
Year of Completion:2012
Year of first Publication:2012
Publishing Institution:Universitätsbibliothek Johann Christian Senckenberg
Release Date:2012/07/20
Tag:akrasia; discounting; weak-willed actions
Page Number:15
HeBIS-PPN:344414922
Institutes:Rechtswissenschaft / Rechtswissenschaft
Dewey Decimal Classification:3 Sozialwissenschaften / 34 Recht / 340 Recht
Sammlungen:Universitätspublikationen
Licence (German):License LogoDeutsches Urheberrecht