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Essay 344 words

Sartre's theory of free will and legal mitigating factors

~2 min read Philosophy
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Essay 344 words

Sartre's Free Will And Mitigating Variables

Sartre's view that we act freely each time we act supposes that we have to bear the consequences for our actions -- we are responsible for them. It is the job of the legal profession, however, to show how one is not fully responsible for one's actions. According to some laws, people are not fully responsible for their actions when they are coerced by another, when they are mentally incapacitated, when they are highly overcome with emotion, or when they are young, to name just a few examples. The famous Twinkie Defense even supposes that people are not fully responsible for their actions when they have too much sugar! This means that the law says, in these instances, that humans are not free each time they act. Other variables play a role in humans' free will. In the end, it is a synthesis between the law's ideas and Sartre's ideas that can best explain human free will. Humans are free to act most of the time, and they must be held responsible for their actions because they were free to choose another action instead of the one they chose. However, some cases exist in which another variable overrides a person's free will. For example, if a person has a mental disorder or a psychological problem, this can certainly keep a person from acting freely.

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Other variables are more controversial. For instance, if a man murders his wife in a fit of rage, was he acting freely, or did another…

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Key Concepts in This Paper
Sartre free will legal responsibility mitigating factors moral agency criminal law determinism
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PaperDue. (2009). Sartre's theory of free will and legal mitigating factors. PaperDue. https://www.paperdue.com/essay/sartre-free-will-and-mitigating-22939

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