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16. Persons / A. Concept of a Person / 2. Persons as Responsible

[concept of a person is needed for responsibility]

5 ideas
Someone mad then sane is two persons, judging by our laws and punishments [Locke]
     Full Idea: Human laws do not punish the mad man for the sober man's actions, nor the sober man for what the mad man did, thereby making them two persons.
     From: John Locke (Essay Conc Human Understanding (2nd Ed) [1694], 2.27.20)
     A reaction: This may be a misinterpretation by Locke; the punishments may be based on the likelihood of the behaviour recurring, rather than on whether it is the same person. I may judge the madman as guilty of the sane action, but think punishment is pointless.
'Person' is a term used about responsibility, involving law, and happiness and misery [Locke]
     Full Idea: Person is a forensic term, appropriating actions and their merit; and so belongs only to intelligent agents capable of law, and happiness, and misery.
     From: John Locke (Essay Conc Human Understanding (2nd Ed) [1694], 2.27.26)
     A reaction: This strikes me as being essentially correct, and it makes discussions of personal identity focus (at least partly) on the will, as the aspect of the mind which makes decisions, and is held responsible for them.
Personal identity is the basis of all rights, obligations and responsibility [Reid]
     Full Idea: Identity, when applied to persons, has no ambiguity, and admits of no degrees. It is the foundation of all rights and obligations, and of all accountableness.
     From: Thomas Reid (Essays on Intellectual Powers 3: Memory [1785], III.Ch 4)
     A reaction: This seems to me to be one of the key mistakes in all of philosophy - thinking that items must always be all-or-nothing. If a person deteriorates through Alzheimer's, there seem to be obvious degrees of personhood. Responsibility comes in degrees, too.
Being held responsible for past actions makes no sense without personal identity [Searle]
     Full Idea: I am held responsible now for things that I did in the distant past. But that only makes sense if there is some entity that is both the agent of the action in the past and me now.
     From: John Searle (Rationality in Action [2001], Ch.3.VII)
     A reaction: A possible response, of course, is that you are held responsible for your past deeds, but you shouldn't be. The idea that you are the same as when you committed the crime is a convenient fiction for people who desire revenge. Responsibility fades.
Our concept of a person is derived from Roman law [Scruton]
     Full Idea: Our concept of a person is derived from Roman law.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.28)
     A reaction: Interesting. I don't believe Roman legislators invented it, so where did it originate? Interesting that it is legalistic - a thing to which rights can accrue. Compare character, to which virtues accrue.