Category Archives: Metaethics

Contra Ainslie: Multi-variable Measures of Akrasia

Throughout his explanation of akrasia as hyperbolic discounting, Ainslie focuses on the temporal dimensions of the discounting process, noting that when the possibility of experiencing satisfaction from a particular reward is less delayed, then the agent is more likely to engage in akratic actions or be swayed by akratic behavioral dispositions.

Ainslie uses the term “imminent” to describe how strongly an agent may feel an internal pull towards a particular reward and its accompanying satisfaction (Ainslie 30). “Imminent,” when properly understood within hyperbolic discounting, includes but should not be limited to temporal considerations. Akratic actions involve internal calculations guided by desire or emotion with an emphasis on, or at least a preference for, the likelihood of certainty in obtaining satisfaction from a reward. This aspect of certainty is what some psychological experiments mentioned by Ainslie fail to properly take into account.

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An Introduction to Akrasia

Skele Akrasia has traditionally been defined as “incontinence” or “weakness of will” and occurs when an agent, endowed with certain rational and volitional faculties (deliberation and free will), chooses a poorer course of action. Akrasia has wide-reaching implications for topics such as motivation (what causes akratic actions?), impulsiveness (how does one prevent akratic actions?), moral accountability (is akrasia similar enough to addiction or compulsion to warrant lesser moral culpability?), and the like. As scholar George Ainslie points out, the practical application of akrasia has been, and is currently being, studied by scholars coming from numerous disciplines including philosophy of mind, sociobiology, economics, neurophysiology, and cognitive psychology (Ainslie 7). The importance of understanding the concept and what it means for human beings should not be understated.

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Kennedy v. Louisiana (2008) – US Case Law Overview

In 2008, proponents of capital punishment for rape believed they had a winning case that would allow the use of capital punishment for some nonlethal crimes. Patrick O’Neal Kennedy from Harvey, Louisiana was sentenced to death after he was convicted of raping his eight-year-old stepdaughter. The rape was uncommonly brutal in its severity. The injuries that Kennedy’s stepdaughter sustained from the repeated rapes required emergency surgery. Kennedy initially maintained that the battery was committed by two neighborhood boys. He even refused to plead guilty when a settlement was offered to spare him from a death sentence. In 2003, Kennedy was convicted and sentenced under a 1995 Louisiana law that allowed the death penalty for the rape of a child under the age of 12. The Court did not share the same optimism that proponents of capital punishment did. The majority, relying on the precedent of the ESD Doctrine, overturned the death penalty since the rape, though it did involve a child, did not result in the death of the victim (544 U.S. 407).

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The Historical Development of the Evolving Standards of Decency (ESD) Doctrine in the U.S. Supreme Court

One of the most controversial elements of the U.S. Bill of Rights is the Cruel and Unusual Punishments Clause of the Eighth Amendment which states that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (U.S. Const. Amdt. 8). Whether the use of the death penalty is an instance of cruel and unusual punishment has been the subject of sustained and intense debate given that there have been over 16,000 legal executions in the United States from 1700 until 2019 (TIME). Continue reading