Page:Ethical Studies (reprint 1911).djvu/16

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accountable. But the vulgar could not tell us beforehand the amount of sense which is required, and, even in particular cases, would often be found to disagree amongst themselves. If we asked again about the relation of act to intent, we should find little more than confusion. What consequences are, and what are not, contained in the act itself? and how far are they contained? What, in such cases, is the degree of moral responsibility? Does a criminal state (e.g., drunkenness) make a man accountable for what he does in that state? and, if so, to what degree? How far, again, does a wrong act, done for an object innocent in itself, make the doer responsible for consequences issuing contrary to his intention? With regard to such points we should find a sterner and a softer view. One section would emphasize the act, and the other the (actual or possible) intention. The one sees crime committed, and is prone to neglect the mind of the doer; while the other is always ready to narrow the field of criminality, to see incapacity rather than guilt, and to make absence of crime in the intent carry its quality into the act.

To resume then; According to vulgar notions, a man must act himself, be now the same man who acted, have been himself at the time of the act, have had sense enough to know what he was doing, and to know good from bad. In addition, where ignorance is wrong, not to have known does not remove accountability, though the degree of it may be doubtful. And everything said of commission applies equally well to omission or negligence.

We have found roughly what the ordinary man means by responsibility; and this was the first task we undertook. We pass to the second, to see whether, and how far, the current theories of Freedom and Necessity (better, Indeterminism and Determinism) are consistent with his beliefs.

Let us first take the theory which goes by the name of the Freewill doctrine, and which exists apparently for the purpose of saving moral accountability. We have to ask, Is it compatible with the ordinary notions on the subject?

This doctrine, we are told, is the only one which asserts Freedom, and without liberty responsibility can not exist. And this sounds well: if we are not free to do as we will, then (on this point the plain man is clear) we can not be responsible. ‘We must have