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A Problem of Definition Intent and the Miscarriage of Justice Walden University(USE AS GUIDE ONLY)
Running Head: PROBLEM OF DEFINITION
A Problem of Definition: Intent and the Miscarriage of Justice
PROBLEM OF DEFINITION
The current legal system is derived from a public attribution of guilt that is based upon a lack of
properly understanding intention. This is indicated by a predilection towards retributive justice
which is itself based on a view of free will that is scientifically untenable, that of libertarian free
will and the non-contextual formation of intention. The improper understanding is tied to
psychology’s lack of formally defining intention in a consistent fashion both for legal matters
and in the study of psychology. This inconsistency is based upon a continued adherence to the
structure of Cartesian dualism, in keeping the nature of a disembodied mind but applying the
attributes of such to the brain. Solving the problem of wrongful justice begins with a rewriting of
the philosophical underpinnings of intention via the work of Maurice Merleau-Ponty and
subsequently creating a system of justice that is restorative.
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