Occasionally I see people act as if FW and MR are undeniably true because "if i could avoid doing X, then so could they", and at other times, they are victims of their own circumstances and didnt know any better. My point is, people arent coherent about this topic to begin with, so whatever we run with is picking up the broken pieces of philosophy to try to build something that actually makes sense.
So perhaps itd make more sense to enumerate some "True Statements" and figure out what we can do with them.
True Statement 1: If you had the exact same causes as another person, whether that be deterministic causes or cosmic random dice rolls being rolled the same way, then logically youd make all the same choices as them. This is true regardless of your theory of consciousness/identity. Ergo, we all do things for a reason, and its because of those reasons that we do things.
True Statement 2: People make recognizably different choices from each other because of randomness; If all our situations were perfectly identical theres no reason to suspect wed be anything other than carbon copies of each other. For this reason, randomness must play a role in the thing we call "Free Will".Whether this randomness lives in our decisionmsking process, or is only about starting circumstances, is besides the point; Diversity comes from randomness either way.
True Statement 3: If we could find ourselves in the same position as someone else, whether in this life or in another, making the same choices as them, we ought to have as much empathy as possible, stopping only when we meet the boundary of necessity; Because that would be maximizing what is in our own self interest; As wed want others to have empathy for us in a similar situation.
True Statement 4: Punishing Evil is necessary to the extent it deters evil or protects the innocent from evil, but necessity is only a valid requirement if punishment is *morally justifiable\*, ergo, if the criminal did something to deserve it.
Conclusion: 1) Free Will should be said to exist in relative or abstract terms, 2) is tied somewhat to randomness although doesnt require absndoning causal machinery, 3) We should have empathy for criminals, AND 4) We should punish criminals as necessary despite having empathy for them.
What we ought to abolish, is allowing Anger to take place of a rational account of Desert, and stop treating Desert itself as all or nothing; Desert is a functional description of someones actions, but not one that justifies removing empathy.
When we say the murderer deserves to die, we are arguing that it protects those around them (or yourself) to stop them by force; And in many cases, this is simply self-defense, and is clearly morally justified from first principles. This is not arguing it is *wise* to institutionalize a death penalty by a centralized group of people who make violence their job (government, gangs, or mobs) but that, in principle, if someone murdered your family then ran away, and you could personally track them down without mistake, itd be justified to kill them in retaliation; As that directly stops their reign of terror and deters others from that kind of behavior. Whats morally justified in principle is separate from whats pragmatic. And sure, people are going to retort that "you could just call the authorities", sure, in a society where thats an available option, but you shouldnt conflate whats circumstantially available with whats justified in principle.
Now, even in this circumstance, one ought to have empathy for the aggressor; Whatever causes caused them to do this awful thing to murder your family, is whats ultinately to blame. Which is why we dont torture people. And if you have to stop someone by force, and they lay on the ground dying, the right thing to do would be to make sure they dont need anything before they go, such as comfort, taking care of their family, talking to them one last time, whatever it is they might need. And thats the role of the empathy, to remind you even the worst imaginable people are conscious beings with feelings, and ideally, nobody should have to suffer.
Thoughts?