PUNISHMENT, DETERMINISM, AND THE IMAGE WE HAVE OF OURSELVES

Abstract

In this article the consequences of some arguments concerning the tension between determinism and free will on the disscusions about the justification of punishment are analysed. This is done studying the ideas defendened by Josep Maria Vilajosana in his book Las razones de la pena. Three specific issues are disccused. Firstly, the need to make explicit some commonly assumed premises about the connection between the tension between determinism and free will and the possibility to attribute responsibility and to punish. Secondly, a distinction between global determinism and local determinism is proposed and its effects are explored. Finally, the possible effects of some solutions to the tension over the image we have of ourselves are examined. Specially concerning what they tell us about human nature and the basic abilities neccesary in order to be considered responsible.