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The Public Health-Quarantine Model

In Dana Kay Nelkin & Derk Pereboom (eds.), The Oxford Handbook of Moral Responsibility. New York: Oxford University Press (2022)

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  1. The metaphysics of morals.Immanuel Kant - 1797/1996 - New York: Cambridge University Press. Edited by Mary J. Gregor.
    The Metaphysics of Morals is Kant's major work in applied moral philosophy in which he deals with the basic principles of rights and of virtues. It comprises two parts: the 'Doctrine of Right', which deals with the rights which people have or can acquire, and the 'Doctrine of Virtue', which deals with the virtues they ought to acquire. Mary Gregor's translation, revised for publication in the Cambridge Texts in the History of Philosophy series, is the only complete translation of the (...)
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  • Hard-Incompatibilist Existentialism: Neuroscience, Punishment, and Meaning in Life.Derk Pereboom & Gregg D. Caruso - 2018 - In Gregg D. Caruso & Owen J. Flanagan (eds.), Neuroexistentialism: Meaning, Morals, and Purpose in the Age of Neuroscience. New York: Oxford University Press.
    As philosophical and scientific arguments for free will skepticism continue to gain traction, we are likely to see a fundamental shift in the way people think about free will and moral responsibility. Such shifts raise important practical and existential concerns: What if we came to disbelieve in free will? What would this mean for our interpersonal relationships, society, morality, meaning, and the law? What would it do to our standing as human beings? Would it cause nihilism and despair as some (...)
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  • Public Health and Safety: The Social Determinants of Health and Criminal Behavior.Gregg D. Caruso - 2017 - London, UK: ResearchLinks Books.
    There are a number of important links and similarities between public health and safety. In this extended essay, Gregg D. Caruso defends and expands his public health-quarantine model, which is a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. In developing his account, he explores the relationship between public health and safety, focusing on how social inequalities and systemic injustices affect health outcomes and crime rates, how poverty affects brain (...)
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  • Aspects of Agency: Decisions, Abilities, Explanations, and Free Will.Alfred R. Mele - 2017 - New York: Oup Usa.
    Mele develops a view of paradigmatically free actions--including decisions--as indeterministically caused by their proximal causes. He mounts a masterful defense of this thesis that includes solutions to problems about luck and control widely discussed in the literature on free will and moral responsibility.
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  • Freedom, Responsibility, and Determinism: A Philosophical Dialogue.John Lemos - 2013 - Hackett Publishing Company.
    John Lemos' _Freedom, Responsibility, and Determinism_ offers an up-to-date introduction to free will (and associated) debates in an engaging, dialogic format that recommends it for use by beginning students in philosophy as well as by undergraduates in intermediate courses in metaphysics, philosophy of mind, and action theory.
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  • Freedom and Belief, Galen Strawson. [REVIEW]Stephen L. White - 1991 - Philosophical Review 100 (1):119-122.
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  • The Culture of Moral Responsibility.Bruce N. Waller - 2014 - Southwest Philosophy Review 30 (1):3-17.
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  • Crime, Culpability and Moral Luck. [REVIEW]Alec Walen - 2010 - Law and Philosophy 29 (4):373-384.
    Crime and Culpability, by Larry Alexander, Kimberly Kessler Ferzan (with Stephen Morse) is a visionary work of moral and legal philosophy. Nonetheless, it is fundamentally morally misguided. In seeking to free criminal law from what the authors take to be the distorting influence of outcome luck, they arrive at a position that is overly exculpatory. It fails to hold actors liable for the harms they cause when they have taken less care they should. -/- I argue, first, that the authors’ (...)
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  • Defending (a modified version of) the Zygote Argument.Patrick Todd - 2013 - Philosophical Studies 164 (1):189-203.
    Think of the last thing someone did to you to seriously harm or offend you. And now imagine, so far as you can, becoming fully aware of the fact that his or her action was the causally inevitable result of a plan set into motion before he or she was ever even born, a plan that had no chance of failing. Should you continue to regard him or her as being morally responsible—blameworthy, in this case—for what he or she did? (...)
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  • A new approach to manipulation arguments.Patrick Todd - 2011 - Philosophical Studies 152 (1):127-133.
    There are several argumentative strategies for advancing the thesis that moral responsibility is incompatible with causal determinism. One prominent such strategy is to argue that agents who meet compatibilist conditions for moral responsibility can nevertheless be subject to responsibility-undermining manipulation. In this paper, I argue that incompatibilists advancing manipulation arguments against compatibilism have been shouldering an unnecessarily heavy dialectical burden. Traditional manipulation arguments present cases in which manipulated agents meet all compatibilist conditions for moral responsibility, but are (allegedly) not responsible (...)
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  • Doing Without Desert.Victor Tadros - 2017 - Criminal Law and Philosophy 11 (3):605-616.
    This paper examines Derk Pereboom’s argument against punishment on deterrent grounds in his recent book Free Will, Agency, and Meaning in Life. It suggests that Pereboom’s argument against basic desert has not been shown to extend to the view that those who act wrongly lose rights against punishment for deterrent reasons. It further supports the view that those who act wrongly, if they fulfil compatibilist conditions of responsibility, do lose rights to avert threats they pose. And this, it is argued, (...)
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  • The impossibility of moral responsibility.Galen Strawson - 1994 - Philosophical Studies 75 (1-2):5-24.
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  • Freedom and Belief.Galen Strawson - 1986 - Oxford, GB: Oxford University Press.
    On the whole, we continue to believe firmly both that we have free will and that we are morally responsible for what we do. Here, the author argues that there is a fundamental sense in which there is no such thing as free will or true moral responsibility (as ordinarily understood). Devoting the main body of his book to an attempt to explain why we continue to believe as we do, Strawson examines various aspects of the "cognitive phenomenology" of freedom--the (...)
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  • The Three Rs: Retribution, Revenge, and Reparation.Tamler Sommers - 2016 - Philosophia 44 (2):327-342.
    Nearly all retributive theories of punishment adopt the following model. Punishments are justified when the wrongdoers receive the punishment they deserve. A deserved punishment is one that is proportionate to the offender’s culpability. Culpability has two components: the severity of the wrong, and the offender’s blameworthiness. The broader aim of this article is to outline an alternative retributivist model that directly involves the victim in the determination of the appropriate and just punishment. The narrower aim is to show that the (...)
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  • Pereboom on Punishment: Funishment, Innocence, Motivation, and Other Difficulties.Saul Smilansky - 2017 - Criminal Law and Philosophy 11 (3):591-603.
    In Free Will, Agency, and Meaning in Life, Derk Pereboom proposes an optimistic model of life that follows on the rejection of both libertarian and compatibilist beliefs in free will, moral responsibility, and desert. I criticize his views, focusing on punishment. Pereboom responds to my earlier argument that hard determinism must seek to revise the practice of punishment in the direction of funishment, whereby the incarcerated are very generously compensated for the deprivations of incarceration. I claimed that funishment is a (...)
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  • Hard Determinism and Punishment: A Practical Reductio. [REVIEW]Saul Smilansky - 2011 - Law and Philosophy 30 (3):353-367.
    How can hard determinism deal with the need to punish, when coupled with the obligation to be just? I argue that even though hard determinists might find it morally permissible to incarcerate wrongdoers apart from lawful society, they are committed to the punishment’s taking a very different form from common practice in contemporary Western societies. Hard determinists are in fact committed to what I will call funishment, instead of punishment. But, by its nature funishment is a practical reductio of hard (...)
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  • The failure of retributivism.Russ Shafer-Landau - 1996 - Philosophical Studies 82 (3):289 - 316.
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  • Living Without Free Will by Derk Pereboom. [REVIEW]Carl Ginet - 2002 - The Journal of Ethics 6 (3):305-309.
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  • Living without Free Will.A. R. Mele - 2003 - Mind 112 (446):375-378.
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  • Determinism al dente.Derk Pereboom - 1995 - Noûs 29 (1):21-45.
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  • An Explanation of Retribution.Andrew Oldenquist - 1988 - Journal of Philosophy 85 (9):464.
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  • Persons and Punishment.Herbert Morris - 1968 - The Monist 52 (4):475-501.
    Alfredo Traps in Durrenmatt’s tale discovers that he has brought off, all by himself, a murder involving considerable ingenuity. The mock prosecutor in the tale demands the death penalty “as reward for a crime that merits admiration, astonishment, and respect.” Traps is deeply moved; indeed, he is exhilarated, and the whole of his life becomes more heroic, and, ironically, more precious. His defense attorney proceeds to argue that Traps was not only innocent but incapable of guilt, “a victim of the (...)
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  • Manipulation, Compatibilism, and Moral Responsibility.Alfred R. Mele - 2008 - The Journal of Ethics 12 (3-4):263-286.
    This article distinguishes among and examines three different kinds of argument for the thesis that moral responsibility and free action are each incompatible with the truth of determinism: straight manipulation arguments; manipulation arguments to the best explanation; and original-design arguments. Structural and methodological matters are the primary focus.
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  • Kane, luck, and the significance of free will.Alfred R. Mele - 1999 - Philosophical Explorations 2 (2):96-104.
    This paper raises a pair of objections to the novel libertarian position advanced in Robert Kane's recent book, The Significance of Free Will.The first objection's target is a central element in Kane's intriguing response to what he calls the "Intelligibility" and "Existence" questions about free will. It is argued that this response is undermined by considerations of luck.The second objection is directed at a portion of Kane's answer to what he calls "The Significance Question" about free will: "Why do we, (...)
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  • The Solution to the Problem of Outcome Luck: Why Harm Is Just as Punishable as the Wrongful Action that Causes It.Ken Levy - 2005 - Law and Philosophy 24 (3):263-303.
    A surprisingly large number of scholars believe that (a) we are blameworthy, and therefore punishable, only for what we have control over; (b) we have control only over our actions and intentions, not the consequences of our actions; and therefore (c) if two agents perform the very same action (e.g., attempting to kill) with the very same intentions, then they are equally blameworthy and deserving of equal punishment – even if only one of them succeeds in killing. This paper argues (...)
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  • Bad Luck Once Again.Neil Levy - 2008 - Philosophy and Phenomenological Research 77 (3):749-754.
    In a recent article in this journal, Storrs McCall and E.J. Lowe sketch an account of indeterminist free will designed to avoid the luck objection that has been wielded to such effect against event‐causal libertarianism. They argue that if decision‐making is an indeterministic process and not an event or series of events, the luck objection will fail. I argue that they are wrong: the luck objection is equally successful against their account as against existing event‐causal libertarianisms. Like the event‐causal libertarianism (...)
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  • Moral Concerns About Responsibility Denial and the Quarantine of Violent Criminals.John Lemos - 2016 - Law and Philosophy 35 (5):461-483.
    Some contemporary philosophers maintain we lack the kind of free will that makes us morally responsible for our actions. Some of these philosophers, such as Derk Pereboom, Gregg Caruso, and Bruce Waller, also argue that such a view supports the case for significant reform of the penal system. Pereboom and Caruso explicitly endorse a quarantine model for dealing with dangerous criminals, arguing that while not responsible for their crimes such criminals should be detained in non-harsh conditions and offered the opportunity (...)
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  • Control conundrums: Modest libertarianism, responsibility, and explanation.Ishtiyaque Haji - 2001 - Pacific Philosophical Quarterly 82 (2):178–200.
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  • Kane is Not Able: A Reply to Vicens’ “Self-Forming Actions and Confl icts of Intention”.Gregg D. Caruso - 2015 - Southwest Philosophy Review 31 (2):21-26.
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  • Free Will Skepticism and Criminal Behavior: A Public Health-Quarantine Model.Gregg D. Caruso - 2016 - Southwest Philosophy Review 32 (1):25-48.
    One of the most frequently voiced criticisms of free will skepticism is that it is unable to adequately deal with criminal behavior and that the responses it would permit as justified are insufficient for acceptable social policy. This concern is fueled by two factors. The first is that one of the most prominent justifications for punishing criminals, retributivism, is incompatible with free will skepticism. The second concern is that alternative justifications that are not ruled out by the skeptical view per (...)
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  • Free Will Skepticism and the Question of Creativity: Creativity, Desert, and Self-Creation.D. Caruso Gregg - 2016 - Ergo: An Open Access Journal of Philosophy 3.
    Free will skepticism maintains that what we do, and the way we are, is ultimately the result of factors beyond our control and because of this we are never morally responsible for our actions in the basic desert sense—the sense that would make us truly deserving of praise and blame. In recent years, a number of contemporary philosophers have advanced and defended versions of free will skepticism, including Derk Pereboom (2001, 2014), Galen Strawson (2010), Neil Levy (2011), Bruce Waller (2011, (...)
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  • Punishment and justification.Mitchell N. Berman - 2008 - Ethics 118 (2):258-290.
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  • Exploring the Illusion of Free Will and Moral Responsibility.Gregg D. Caruso (ed.) - 2013 - Lanham, MD: Lexington Books.
    Exploring the Illusion of Free Will and Moral Responsibility is an edited collection of new essays by an internationally recognized line-up of contributors. It is aimed at readers who wish to explore the philosophical and scientific arguments for free will skepticism and their implications.
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  • Commodities and Capabilities.Amartya Sen - 1985 - Oxford University Press India.
    Commodities and Capabilities presents a set of inter-related theses concerning the foundations of welfare economics, and in particular about the assessment of personal well-being and advantage. The argument presented focuses on the capability to function, i.e. what a person can do or can be, questioning in the process the more standard emphasis on opulence or on utility. In fact, a person's motivation behind choice is treated here as a parametric variable which may or may not coincide with the pursuit of (...)
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  • Proportionate Sentencing: Exploring the Principles.Andrew Von Hirsch & Andrew Ashworth - 2005 - Oxford University Press UK.
    The principle that a sentence should be proportionate to the seriousness of the offence remains at the centre of penal practice and scholarly debate. This volume explores highly topical aspects of proportionality theory that require examination and further analysis. von Hirsch and Ashworth explore the relevance of the principle of proportionality to the sentencing of young offenders, the possible reasons for departing from the principle when sentencing dangerous offenders, and the application of the principle to socially deprived offenders. They examine (...)
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  • Free Will, Agency, and Meaning in Life.Derk Pereboom - 2014 - New York: Oxford University Press.
    Derk Pereboom articulates and defends an original, forward-looking conception of moral responsibility. He argues that although we may not possess the kind of free will that is normally considered necessary for moral responsibility, this does not jeopardize our sense of ourselves as agents, or a robust sense of achievement and meaning in life.
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  • Exploring the Illusion of Free Will and Moral Responsibility.Gregg D. Caruso (ed.) - 2013 - Lanham, MD: Lexington Books.
    This book explores the philosophical and scientific arguments for free will skepticism and their implications. Skepticism about free will and moral responsibility has been on the rise in recent years. In fact, a significant number of philosophers, psychologists, and neuroscientists now either doubt or outright deny the existence of free will and/or moral responsibility—and the list of prominent skeptics appears to grow by the day. Given the profound importance that the concepts of free will and moral responsibility play in our (...)
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  • Against Moral Responsibility.Bruce N. Waller - 2011 - MIT Press.
    In Against Moral Responsibility, Bruce Waller launches a spirited attack on a system that is profoundly entrenched in our society and its institutions, deeply rooted in our emotions, and vigorously defended by philosophers from ancient times to the present. Waller argues that, despite the creative defenses of it by contemporary thinkers, moral responsibility cannot survive in our naturalistic-scientific system. The scientific understanding of human behavior and the causes that shape human character, he contends, leaves no room for moral responsibility. Waller (...)
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  • Social Justice: The Moral Foundations of Public Health and Health Policy.Madison Powers & Ruth Faden - 2008 - Oup Usa.
    In bioethics, discussions of justice have tended to focus on questions of fairness in access to health care: is there a right to medical treatment, and how should priorities be set when medical resources are scarce. But health care is only one of many factors that determine the extent to which people live healthy lives, and fairness is not the only consideration in determining whether a health policy is just. In this pathbreaking book, senior bioethicists Powers and Faden confront foundational (...)
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  • Free Will and Consciousness: A Determinist Account of the Illusion of Free Will.Gregg Caruso - 2012 - Lexington Books.
    This book argues two main things: The first is that there is no such thing as free will—at least not in the sense most ordinary folk take to be central or fundamental; the second is that the strong and pervasive belief in free will can be accounted for through a careful analysis of our phenomenology and a proper theoretical understanding of consciousness.
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  • Hard Luck: How Luck Undermines Free Will and Moral Responsibility.Neil Levy - 2011 - Oxford, GB: Oxford University Press UK.
    The concept of luck has played an important role in debates concerning free will and moral responsibility, yet participants in these debates have relied upon an intuitive notion of what luck is. Neil Levy develops an account of luck, which is then applied to the free will debate. He argues that the standard luck objection succeeds against common accounts of libertarian free will, but that it is possible to amend libertarian accounts so that they are no more vulnerable to luck (...)
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  • Freedom Without Responsibility.Bruce N. Waller - 1990 - Temple University Press.
    In this book, Bruce Waller attacks two prevalent philosophical beliefs. First, he argues that moral responsibility must be rejected; there is no room for such a notion within our naturalist framework. Second, he denies the common assumption that moral responsibility is inseparably linked with individual freedom. Rejection of moral responsibility does not entail the demise of individual freedom; instead, individual freedom is enhanced by the rejection of moral responsibility. According to this theory of "no-fault naturalism," no one deserves either blame (...)
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  • Free Will and Illusion.Saul Smilansky - 2000 - New York: Oxford University Press.
    Saul Smilansky presents an original new approach to the problem of free will, which lies at the heart of morality and self-understanding. He maintains that the key to the problem is the role played by illusion. Smilansky boldly claims that we could not live adequately with a complete awareness of the truth about human freedom and that illusion lies at the center of the human condition.
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  • Living Without Free Will.Derk Pereboom - 2001 - New York: Cambridge University Press.
    Most people assume that, even though some degenerative or criminal behavior may be caused by influences beyond our control, ordinary human actions are not similarly generated, but rather are freely chosen, and we can be praiseworthy or blameworthy for them. A less popular and more radical claim is that factors beyond our control produce all of the actions we perform. It is this hard determinist stance that Derk Pereboom articulates in Living Without Free Will. Pereboom argues that our best scientific (...)
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  • Free Will: A Philosophical Study.Laura Waddell Ekstrom - 1999 - Boulder, Colo.: Westview.
    In this comprehensive new study of human free agency, Laura Waddell Ekstrom critically surveys contemporary philosophical literature and provides a novel account of the conditions for free action. Ekstrom argues that incompatibilism concerning free will and causal determinism is true and thus the right account of the nature of free action must be indeterminist in nature. She examines a variety of libertarian approaches, ultimately defending an account relying on indeterministic causation among events and appealing to agent causation only in a (...)
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  • Crime and Culpability: A Theory of Criminal Law.Larry Alexander, Kimberly Kessler Ferzan & Stephen J. Morse - 2009 - New York: Cambridge University Press. Edited by Kimberly Kessler Ferzan & Stephen J. Morse.
    This book presents a comprehensive overview of what the criminal law would look like if organised around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor's culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in the (...)
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  • Living without Free Will.Derk Pereboom - 2001 - Philosophical Quarterly 53 (211):308-310.
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  • Introduction: Exploring the Illusion of Free Will and Moral Responsibility.Gregg Caruso - 2013 - In Gregg D. Caruso (ed.), Exploring the Illusion of Free Will and Moral Responsibility. Lexington Books.
    This introductory chapter discusses the philosophical and scientific arguments for free will skepticism and their implications--including the debate between Saul Smilansky's "illusionism," Thomas Nadelhoffer's "disillusionism," Shaun Nichols' "anti-revolution," and the "optimistic skepticism" of Derk Pereboom, Bruce Waller, Tamler Sommers, and others.
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  • An explanation of retribution.Andrew Oldenquist - 1988 - Journal of Philosophy 85 (9):464-478.
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  • The Non-Reality of Free Will.Richard Double - 1993 - Behavior and Philosophy 20 (2):95-97.
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