Showing posts with label inheritance. Show all posts
Showing posts with label inheritance. Show all posts

Sunday, 23 January 2022

Daughters to inherit fathers’ self acquired, inherited properties, to get preference over others: SC

 In a significant verdict, the Supreme Court on Thursday said the daughters of a male Hindu, dying intestate, would be entitled to inherit the self-acquired and other properties obtained in the partition by the father and get preference over other collateral members of the family.

In a significant verdict, the Supreme Court on Thursday said the daughters of a male Hindu, dying intestate, would be entitled to inherit the self-acquired and other properties obtained in the partition by the father and get preference over other collateral members of the family.


The judgement, which came on an appeal against the Madras High Court verdict, dealt with the property rights of Hindu women and widows under the Hindu Succession Act.


“If a property of a male Hindu dying intestate (without a will) is a self-acquired property or obtained in the partition of a coparcenary or a family property, the same would devolve by inheritance and not by survivorship, and a daughter of such a male Hindu would be entitled to inherit such property in preference to other collaterals (such as sons/daughters of brothers of deceased father),” a bench of justices S Abdul Nazeer and Krishna Murari said.


The bench was dealing with the legal issue concerning the right of the daughter to inherit the self-acquired property of her father, in the absence of any other legal heir.


Justice Murari, writing the 51-page judgment for the bench, also dealt with the question of whether such property will devolve on to the daughter upon the death of her father, who died without a will, by inheritance or shall devolve on to “father’s brother’s son by survivorship”.


“Right of a widow or daughter to inherit the self-acquired property or share received in the partition of a coparcenary property of a Hindu male dying intestate is well recognized not only under the old customary Hindu Law but also by various judicial pronouncements...,” the verdict said.


Referring to the legal provision, it said the legislative intent was to remedy the limitation of a Hindu woman who could not claim an absolute interest in the properties inherited by her but only had a life interest in the estate so inherited.


“Section 14 (I) converted all limited estates owned by women into absolute estates and the succession of these properties in the absence of a will or testament would take place in consonance with Section 15 of the Hindu Succession Act, 1956...,” it said.


If a female Hindu dies intestate without leaving any issue, then the property inherited by her from her father or mother would go to the heirs of her father whereas the property inherited from her husband or father-in-law would go to the heirs of the husband, it said.


“The basic aim of the legislature in enacting Section 15(2) (of the Hindu Succession Act) is to ensure that inherited property of a female Hindu dying issueless and intestate, goes back to the source,” it said.


Dealing with the facts of the case, the bench set aside the trial court and the high court’s findings dismissing the partition suit of the daughters.


The apex court said, “...since the property in question was admittedly the self-acquired property of a father despite the family being in a state of jointness upon his death intestate, his sole surviving daughter will inherit the same by inheritance and the property shall not devolve by survivorship.


“Thus, the impugned judgement and decree dated March 01, 1994, passed by the Trial Court and confirmed by the High Court vide judgment and order dated January 21, 2009, are not liable to be sustained and are hereby set aside,” it said. 


(Source: Republic World)

Thursday, 20 January 2022

Christian women in Kerala still denied the right to inherit property, here’s why

Except among a few coastal communities in southern Kerala, families belonging to different Christian denominations deny women’s right to ancestral property.

When Soniya Thomas, who belongs to a Syrian Christian family in Kerala’s Kannur district, got married in 2010, her father spent around Rs 13 lakh, which included 30 sovereigns of gold and Rs 5 lakh in cash. This was deemed to be her full and final inheritance from her father’s property as per a tradition common to Christian communities across denominations in Kerala. When her father passed away without leaving behind a will, his property became intestate and, as per custom, the Rs 1 crore estate was shared between Soniya’s two brothers.


Ancestral property provides security to many women who want to leave a marriage or choose a life without depending on someone else. Soniya, who wants to leave an abusive relationship, feels insecure to go back to her house as she has no rights there. “I’m not able to stay with my husband now, I’m being mentally tortured by his family. I’m not allowed to go to work, I’m forbidden to go out to meet friends or family. When my father died, I was not allowed to stay at my house even for a day. I’m treated like a slave. But I have no place to go. My two brothers share the ancestral property, they will not give me any. Where will I go with my 3 children?” Soniya breaks down, adding that she has no rights over the home she was born and brought up in.


The tradition of male heirs distributing intestate properties among themselves has persisted despite being outlawed more than three decades ago. Soniya hasn’t heard about the landmark 1986 Supreme Court judgement in the Mary Roy v. State Of Kerala case. Through this judgement, the apex court repealed the Travancore Christian Succession Act, 1916 and brought all Christians under the Indian Succession Act of 1925.


The Indian Succession Act says that intestate properties, that is properties where the owner fails to leave behind a written will, shall be distributed equally among all the children after deducting the one-third share of the widow. But if the father wrote a will to give his property only to his sons, it cannot be contested in court.


Except for a few coastal communities in southern Kerala such as the Latin Catholics that are matriarchal, families belonging to different Christian denominations deny womens’ right to ancestral property. While in recent times there are families that divide property equally, they are an exception.


Sheena, another woman from a Syrian Catholic family, explains how she has been labelled a “troublemaker” by her brothers as well as her parents for asking for a share in the ancestral property.


“I’m the only one among my seven siblings who doesn’t have a house or a decent income. Everyone else got land from our ancestral property. The gold given to me was just one-tenth of what everyone else got. My sister-in-law is not at all happy with me visiting my parents. My family says I was sent off with my share when they married me off. I used to ask my father what makes me different from his other children, the gender?” she asks.


For many families, dowry is just an excuse to deny women their rightful share of the family property.


Mary, a 70-year-old unmarried woman from Kannur’s Thaliparamba, died last year at an old age home. A nun who took care of her says, “She had three brothers. They each own four acres of land, transferred to them by their father. She had a sister who became a nun; she was not left a single penny from her parents. Mary stayed with one of her brothers with a lot of difficulties, and one day he kicked her out. So dowry is just an excuse to not give property to women, because nothing is given even if she is unmarried.”


Seeing nothing wrong with the brazenly patriarchal custom, Kurien Thomas, an 80-year-old Syrian Catholic from Kozhikode who is a farmer by profession, says, “Basically we do not want our property to get into the hands of other families. After women are married off, they become a part of another family, they take a different family name. We also give dowry so that she will be taken care of. Also her husband will possess property from his ancestors.”


Women and property rights under law

Property inheritance for women has always been a fraught issue in the subcontinent irrespective of religion. In 1948 a committee headed by Dr BR Ambedkar, the country’s first Law Minister, drafted a revised form of the Hindu Code Bill. One of the main features of the Bill was that daughters were to be given a share of the inheritance along with sons after the demise of parents, and widows shall have complete rights over the husband’s property. But there was huge opposition to the Bill.


Even Congress leaders who were identified as liberal, such as Rajendra Prasad and Govind Ballabh Pant, ardently opposed the Bill. Sarojini Naidu threatened to go on an indefinite hunger strike if it was not dropped. Many other Congress leaders put pressure on Jawaharlal Nehru to defer it.


Syama Prasad Mukherjee, then Minister for Industry and Supply in Jawaharlal Nehru’s cabinet, did not object to it when he was in the cabinet, but opposed it heavily in 1951 saying it would tamper with Hindu tradition. Ambedkar resigned from his post in September 1951 in protest over Parliament stalling the draft Bill. But the Bill was resubmitted in 1952 in different forms, where Nehru split them into four parts; subsequently the Hindu Marriage Act, Hindu Succession Act, Hindu Minority and Guardianship Act, and Hindu Adoptions and Maintenance Act were passed during his tenure between 1956 and 1957.


While this was the case for Hindu women, Christian inheritance practices have links to canon law. The Book of Genesis in the Bible says, “That is why a man leaves his father and mother and is united to his wife, and they become one flesh.” (Genesis 2:24)


A senior priest from Kottayam who sought anonymity explains, “In fact, this verse from the Bible gives superiority to the woman. But the meaning has been inverted to support patriarchy, suggesting that she fully leaves behind all her property and her home and merges with her husband, and that she cannot have anything of her own. That the man remains in his house with his parents whereas the woman leaves hers to serve the husband’s family. What an irony!”


The first laws on intestate succession in Christian communities were the Travancore Christian Succession Act, 1916 (Regulation II of 1092) in the erstwhile Travancore state and the Cochin Christian Succession Act, 1921 and the Indian Succession Act, 1865, which was later amended to the Indian Succession Act, 1925. In fact, these three laws were followed in three regions of Kerala: Travancore (South), Cochin State (Central) and Malabar (North). Even after Kerala state was formed, these laws continued to guide succession of ancestral properties.


According to the Travancore Christian Succession Act, passed by the princely state of Travancore, the intestate’s property passes on to son or sons equally; there is no mention of daughters. It also says that a daughter’s dowry should be one-fourth a son’s share or Rs 5,000, whichever is lesser. However, the Cochin Christian Succession Act, passed by the erstwhile state of Cochin, directed that a woman can inherit property if she is not given dowry.


As per Indian secular law or the Succession Act of 1865, there was no separate mention about sons and daughters if the father died intestate. It says the property will be inherited by children of the deceased, which means both sons and daughters are entitled to get the property. Mainly Hindus in the Malabar region followed this. There were hardly any Christians in the region and consequently no special law of inheritance was designed for the community.


Christianity in Kerala began with the visit of St Thomas, a disciple of Jesus Christ, in AD 52. St Thomas primarily travelled in central and southern Kerala, and established seven churches. That is how Christians are mainly located in these regions.


A majority of Christians in the north or Malabar follow the Syro-Malabar Church and are relatively recent migrants to the region. Mostly agriculturists, they started migrating from Travancore and Cochin to Kozhikode, Kannur, Wayanad and Calicut, as fertile land was abundant and cheaply available. Naturally, they brought with them the customs followed in Travancore and Cochin, down to property inheritance practices.


It was in 1986 that the Supreme Court in Mary Roy v. State of Kerala repealed the Travancore and Cochin Christian Succession Regulations. Since then, Christians are bound to follow the inheritance under the Indian Succession Act, 1925. As per the law a Christian daughter has no pre-existing right to the family property, but she has rights when her parents die intestate. So if the father’s will gives the family property only to his sons, it cannot be questioned in court.

“After the Mary Roy case, families started preparing wills in advance so that the property goes just to sons,” says Kerala Women’s Commission Chairperson P Sathidevi.


The 1925 act also says that a daughter-in-law has no right of succession to the estate of her intestate father-in-law. So practically women have no rights over any ancestral property.


Patriarchal system

Though the laws have been repealed, the patriarchal system followed by the community still gives no place for women in most homes.


In Christian communities, aged parents are ashamed to live with their daughters as their tradition is to live with the youngest son. “Whatever happens they won’t stay with their daughter’s family. It’s considered an insult. Even if they are not comfortable staying with the son and his family, they stick to the tradition,” says a young priest from Ernakulam.


In the case of nuns, they are not allowed to own property or have money. Even if they work and earn a salary, the money goes to the congregation. However, male priests in many congregations are allowed to handle money. They can even buy a vehicle or phone from their personal assets.


A senior nun, who is 70, recalls, “My father was not so rich, we were seven siblings and he had eight acres of land. He gave 1.5 acres of land each to my four brothers and the youngest got the ancestral home. Since my two sisters were not married when the will was written, they were given 25 cents of land each, which is one-sixth of what my brothers got. I was left with nothing as I became a nun. Without any personal money to my name, I had to take the help of relatives to buy even small things, like a watch or a phone.”


Even after the primitive laws were repealed, a majority of Christian families are not ready to change.


“How can an ordinary woman like me go to court and fight a long battle all alone? I have three children to look after. 


To get my rightful share, I will have to fight my brothers. No one will support me, as it’s a tradition that Christian women are not supposed to get any share,” Soniya says.


Sr Jesme, a former nun, activist and writer who has spoken against the ill-practices in Christianity, says that even well-educated, progressive Christians follow the tradition of not giving the women in their families a share of the ancestral property. Stressing on the role of awareness rather than laws to wipe out these evil practices, Sr Jesme adds, “Today we speak a lot about equality and gender rights in education. So why don’t we create awareness about these laws at a young age? Why can’t lessons about rights be included in the school syllabus? Let the change begin at home.”


However, Sathidevi feels that it is the law that has to be changed. “One can give their property to whomever they want. Since this is the age-old tradition, most families prefer to follow it. So there has to be a policy or a law that provides equality to women in property distribution. Dowry is banned and cannot be practised, so that cannot be an excuse. If there is a partition of the family property, then women should get an equal share,” she says. She adds that more discussion is needed around this issue.


In August 2020, a Supreme Court verdict upheld the equal rights of Hindu women over ancestral property. But legal experts then opined that the verdict has less impact in Kerala as equality is already being practised in Hindu communities in the state. But for Christian and Muslim women, the denial of right to property is an issue that needs immediate attention. There is hardly any outrage in the state over the unequal distribution of ancestral property, just because many of the affected women are underprivileged and do not have the resources to fight for their rights.


(Source: TNM)

Saturday, 30 June 2018

There’s no such thing as free will

But we’re better off believing in it anyway. Our ability to choose our fate is not free, but depends on our biological inheritance. 

For centuries, philosophers and theologians have almost unanimously held that civilization as we know it depends on a widespread belief in free will—and that losing this belief could be calamitous. Our codes of ethics, for example, assume that we can freely choose between right and wrong. In the Christian tradition, this is known as “moral liberty”—the capacity to discern and pursue the good, instead of merely being compelled by appetites and desires. The great Enlightenment philosopher Immanuel Kant reaffirmed this link between freedom and goodness. If we are not free to choose, he argued, then it would make no sense to say we ought to choose the path of righteousness.

Today, the assumption of free will runs through every aspect of American politics, from welfare provision to criminal law. It permeates the popular culture and underpins the American dream—the belief that anyone can make something of themselves no matter what their start in life. As Barack Obama wrote in The Audacity of Hope, American “values are rooted in a basic optimism about life and a faith in free will.”

So what happens if this faith erodes?

The sciences have grown steadily bolder in their claim that all human behavior can be explained through the clockwork laws of cause and effect. This shift in perception is the continuation of an intellectual revolution that began about 150 years ago, when Charles Darwin first published On the Origin of Species. Shortly after Darwin put forth his theory of evolution, his cousin Sir Francis Galton began to draw out the implications: If we have evolved, then mental faculties like intelligence must be hereditary. But we use those faculties—which some people have to a greater degree than others—to make decisions. So our ability to choose our fate is not free, but depends on our biological inheritance.

Galton launched a debate that raged throughout the 20th century over nature versus nurture. Are our actions the unfolding effect of our genetics? Or the outcome of what has been imprinted on us by the environment? Impressive evidence accumulated for the importance of each factor. Whether scientists supported one, the other, or a mix of both, they increasingly assumed that our deeds must be determined by something.

In recent decades, research on the inner workings of the brain has helped to resolve the nature-nurture debate—and has dealt a further blow to the idea of free will. Brain scanners have enabled us to peer inside a living person’s skull, revealing intricate networks of neurons and allowing scientists to reach broad agreement that these networks are shaped by both genes and environment. But there is also agreement in the scientific community that the firing of neurons determines not just some or most but all of our thoughts, hopes, memories, and dreams.


We know that changes to brain chemistry can alter behavior—otherwise neither alcohol nor antipsychotics would have their desired effects. The same holds true for brain structure: Cases of ordinary adults becoming murderers or pedophiles after developing a brain tumor demonstrate how dependent we are on the physical properties of our gray stuff.

Many scientists say that the American physiologist Benjamin Libet demonstrated in the 1980s that we have no free will. It was already known that electrical activity builds up in a person’s brain before she, for example, moves her hand; Libet showed that this buildup occurs before the person consciously makes a decision to move. The conscious experience of deciding to act, which we usually associate with free will, appears to be an add-on, a post hoc reconstruction of events that occurs after the brain has already set the act in motion.

The 20th-century nature-nurture debate prepared us to think of ourselves as shaped by influences beyond our control. But it left some room, at least in the popular imagination, for the possibility that we could overcome our circumstances or our genes to become the author of our own destiny. The challenge posed by neuroscience is more radical: It describes the brain as a physical system like any other, and suggests that we no more will it to operate in a particular way than we will our heart to beat. The contemporary scientific image of human behavior is one of neurons firing, causing other neurons to fire, causing our thoughts and deeds, in an unbroken chain that stretches back to our birth and beyond. In principle, we are therefore completely predictable. If we could understand any individual’s brain architecture and chemistry well enough, we could, in theory, predict that individual’s response to any given stimulus with 100 percent accuracy.

This research and its implications are not new. What is new, though, is the spread of free-will skepticism beyond the laboratories and into the mainstream. The number of court cases, for example, that use evidence from neuroscience has more than doubled in the past decade—mostly in the context of defendants arguing that their brain made them do it. And many people are absorbing this message in other contexts, too, at least judging by the number of books and articles purporting to explain “your brain on” everything from music to magic. Determinism, to one degree or another, is gaining popular currency. The skeptics are in ascendance.

This development raises uncomfortable—and increasingly nontheoretical—questions: If moral responsibility depends on faith in our own agency, then as belief in determinism spreads, will we become morally irresponsible? And if we increasingly see belief in free will as a delusion, what will happen to all those institutions that are based on it?

In 2002, two psychologists had a simple but brilliant idea: Instead of speculating about what might happen if people lost belief in their capacity to choose, they could run an experiment to find out. Kathleen Vohs, then at the University of Utah, and Jonathan Schooler, of the University of Pittsburgh, asked one group of participants to read a passage arguing that free will was an illusion, and another group to read a passage that was neutral on the topic. Then they subjected the members of each group to a variety of temptations and observed their behavior. Would differences in abstract philosophical beliefs influence people’s decisions?

Yes, indeed. When asked to take a math test, with cheating made easy, the group primed to see free will as illusory proved more likely to take an illicit peek at the answers. When given an opportunity to steal—to take more money than they were due from an envelope of $1 coins—those whose belief in free will had been undermined pilfered more. On a range of measures, Vohs told me, she and Schooler found that “people who are induced to believe less in free will are more likely to behave immorally.”

It seems that when people stop believing they are free agents, they stop seeing themselves as blameworthy for their actions. Consequently, they act less responsibly and give in to their baser instincts. Vohs emphasized that this result is not limited to the contrived conditions of a lab experiment. “You see the same effects with people who naturally believe more or less in free will,” she said.


In another study, for instance, Vohs and colleagues measured the extent to which a group of day laborers believed in free will, then examined their performance on the job by looking at their supervisor’s ratings. Those who believed more strongly that they were in control of their own actions showed up on time for work more frequently and were rated by supervisors as more capable. In fact, belief in free will turned out to be a better predictor of job performance than established measures such as self-professed work ethic.

Another pioneer of research into the psychology of free will, Roy Baumeister of Florida State University, has extended these findings. For example, he and colleagues found that students with a weaker belief in free will were less likely to volunteer their time to help a classmate than were those whose belief in free will was stronger. Likewise, those primed to hold a deterministic view by reading statements like “Science has demonstrated that free will is an illusion” were less likely to give money to a homeless person or lend someone a cellphone.

Further studies by Baumeister and colleagues have linked a diminished belief in free will to stress, unhappiness, and a lesser commitment to relationships. They found that when subjects were induced to believe that “all human actions follow from prior events and ultimately can be understood in terms of the movement of molecules,” those subjects came away with a lower sense of life’s meaningfulness. Early this year, other researchers published a study showing that a weaker belief in free will correlates with poor academic performance.

The list goes on: Believing that free will is an illusion has been shown to make people less creative, more likely to conform, less willing to learn from their mistakes, and less grateful toward one another. In every regard, it seems, when we embrace determinism, we indulge our dark side.

Few scholars are comfortable suggesting that people ought to believe an outright lie. Advocating the perpetuation of untruths would breach their integrity and violate a principle that philosophers have long held dear: the Platonic hope that the true and the good go hand in hand. Saul Smilansky, a philosophy professor at the University of Haifa, in Israel, has wrestled with this dilemma throughout his career and come to a painful conclusion: “We cannot afford for people to internalize the truth” about free will.

Smilansky is convinced that free will does not exist in the traditional sense—and that it would be very bad if most people realized this. “Imagine,” he told me, “that I’m deliberating whether to do my duty, such as to parachute into enemy territory, or something more mundane like to risk my job by reporting on some wrongdoing. If everyone accepts that there is no free will, then I’ll know that people will say, ‘Whatever he did, he had no choice—we can’t blame him.’ So I know I’m not going to be condemned for taking the selfish option.” This, he believes, is very dangerous for society, and “the more people accept the determinist picture, the worse things will get.”

Determinism not only undermines blame, Smilansky argues; it also undermines praise. Imagine I do risk my life by jumping into enemy territory to perform a daring mission. Afterward, people will say that I had no choice, that my feats were merely, in Smilansky’s phrase, “an unfolding of the given,” and therefore hardly praiseworthy. And just as undermining blame would remove an obstacle to acting wickedly, so undermining praise would remove an incentive to do good. Our heroes would seem less inspiring, he argues, our achievements less noteworthy, and soon we would sink into decadence and despondency.

Smilansky advocates a view he calls illusionism—the belief that free will is indeed an illusion, but one that society must defend. The idea of determinism, and the facts supporting it, must be kept confined within the ivory tower. Only the initiated, behind those walls, should dare to, as he put it to me, “look the dark truth in the face.” Smilansky says he realizes that there is something drastic, even terrible, about this idea—but if the choice is between the true and the good, then for the sake of society, the true must go.

When people stop believing they are free agents, they stop seeing themselves as blameworthy for their actions.
Smilansky’s arguments may sound odd at first, given his contention that the world is devoid of free will: If we are not really deciding anything, who cares what information is let loose? But new information, of course, is a sensory input like any other; it can change our behavior, even if we are not the conscious agents of that change. In the language of cause and effect, a belief in free will may not inspire us to make the best of ourselves, but it does stimulate us to do so.

Illusionism is a minority position among academic philosophers, most of whom still hope that the good and the true can be reconciled. But it represents an ancient strand of thought among intellectual elites. Nietzsche called free will “a theologians’ artifice” that permits us to “judge and punish.” And many thinkers have believed, as Smilansky does, that institutions of judgment and punishment are necessary if we are to avoid a fall into barbarism.

Smilansky is not advocating policies of Orwellian thought control. Luckily, he argues, we don’t need them. Belief in free will comes naturally to us. Scientists and commentators merely need to exercise some self-restraint, instead of gleefully disabusing people of the illusions that undergird all they hold dear. Most scientists “don’t realize what effect these ideas can have,” Smilansky told me. “Promoting determinism is complacent and dangerous.”

Yet not all scholars who argue publicly against free will are blind to the social and psychological consequences. Some simply don’t agree that these consequences might include the collapse of civilization. One of the most prominent is the neuroscientist and writer Sam Harris, who, in his 2012 book, Free Will, set out to bring down the fantasy of conscious choice. Like Smilansky, he believes that there is no such thing as free will. But Harris thinks we are better off without the whole notion of it.

“We need our beliefs to track what is true,” Harris told me. Illusions, no matter how well intentioned, will always hold us back. For example, we currently use the threat of imprisonment as a crude tool to persuade people not to do bad things. But if we instead accept that “human behavior arises from neurophysiology,” he argued, then we can better understand what is really causing people to do bad things despite this threat of punishment—and how to stop them. “We need,” Harris told me, “to know what are the levers we can pull as a society to encourage people to be the best version of themselves they can be.”

According to Harris, we should acknowledge that even the worst criminals—murderous psychopaths, for example—are in a sense unlucky. “They didn’t pick their genes. They didn’t pick their parents. They didn’t make their brains, yet their brains are the source of their intentions and actions.” In a deep sense, their crimes are not their fault. Recognizing this, we can dispassionately consider how to manage offenders in order to rehabilitate them, protect society, and reduce future offending. Harris thinks that, in time, “it might be possible to cure something like psychopathy,” but only if we accept that the brain, and not some airy-fairy free will, is the source of the deviancy.

Accepting this would also free us from hatred. Holding people responsible for their actions might sound like a keystone of civilized life, but we pay a high price for it: Blaming people makes us angry and vengeful, and that clouds our judgment.

“Compare the response to Hurricane Katrina,” Harris suggested, with “the response to the 9/11 act of terrorism.” For many Americans, the men who hijacked those planes are the embodiment of criminals who freely choose to do evil. But if we give up our notion of free will, then their behavior must be viewed like any other natural phenomenon—and this, Harris believes, would make us much more rational in our response.

Although the scale of the two catastrophes was similar, the reactions were wildly different. Nobody was striving to exact revenge on tropical storms or declare a War on Weather, so responses to Katrina could simply focus on rebuilding and preventing future disasters. The response to 9/11, Harris argues, was clouded by outrage and the desire for vengeance, and has led to the unnecessary loss of countless more lives. Harris is not saying that we shouldn’t have reacted at all to 9/11, only that a coolheaded response would have looked very different and likely been much less wasteful. “Hatred is toxic,” he told me, “and can destabilize individual lives and whole societies. Losing belief in free will undercuts the rationale for ever hating anyone.”

Whereas the evidence from Kathleen Vohs and her colleagues suggests that social problems may arise from seeing our own actions as determined by forces beyond our control—weakening our morals, our motivation, and our sense of the meaningfulness of life—Harris thinks that social benefits will result from seeing other people’s behavior in the very same light. From that vantage point, the moral implications of determinism look very different, and quite a lot better.

What’s more, Harris argues, as ordinary people come to better understand how their brains work, many of the problems documented by Vohs and others will dissipate. Determinism, he writes in his book, does not mean “that conscious awareness and deliberative thinking serve no purpose.” Certain kinds of action require us to become conscious of a choice—to weigh arguments and appraise evidence. True, if we were put in exactly the same situation again, then 100 times out of 100 we would make the same decision, “just like rewinding a movie and playing it again.” But the act of deliberation—the wrestling with facts and emotions that we feel is essential to our nature—is nonetheless real.

The big problem, in Harris’s view, is that people often confuse determinism with fatalism. Determinism is the belief that our decisions are part of an unbreakable chain of cause and effect. Fatalism, on the other hand, is the belief that our decisions don’t really matter, because whatever is destined to happen will happen—like Oedipus’s marriage to his mother, despite his efforts to avoid that fate.

Most scientists “don’t realize what effect these ideas can have,” Smilansky told me. It is “complacent and dangerous” to air them.
When people hear there is no free will, they wrongly become fatalistic; they think their efforts will make no difference. But this is a mistake. People are not moving toward an inevitable destiny; given a different stimulus (like a different idea about free will), they will behave differently and so have different lives. If people better understood these fine distinctions, Harris believes, the consequences of losing faith in free will would be much less negative than Vohs’s and Baumeister’s experiments suggest.

Can one go further still? Is there a way forward that preserves both the inspiring power of belief in free will and the compassionate understanding that comes with determinism?

Philosophers and theologians are used to talking about free will as if it is either on or off; as if our consciousness floats, like a ghost, entirely above the causal chain, or as if we roll through life like a rock down a hill. But there might be another way of looking at human agency.

Some scholars argue that we should think about freedom of choice in terms of our very real and sophisticated abilities to map out multiple potential responses to a particular situation. One of these is Bruce Waller, a philosophy professor at Youngstown State University. In his new book, Restorative Free Will, he writes that we should focus on our ability, in any given setting, to generate a wide range of options for ourselves, and to decide among them without external constraint.

For Waller, it simply doesn’t matter that these processes are underpinned by a causal chain of firing neurons. In his view, free will and determinism are not the opposites they are often taken to be; they simply describe our behavior at different levels.

Waller believes his account fits with a scientific understanding of how we evolved: Foraging animals—humans, but also mice, or bears, or crows—need to be able to generate options for themselves and make decisions in a complex and changing environment. Humans, with our massive brains, are much better at thinking up and weighing options than other animals are. Our range of options is much wider, and we are, in a meaningful way, freer as a result.

Waller’s definition of free will is in keeping with how a lot of ordinary people see it. One 2010 study found that people mostly thought of free will in terms of following their desires, free of coercion (such as someone holding a gun to your head). As long as we continue to believe in this kind of practical free will, that should be enough to preserve the sorts of ideals and ethical standards examined by Vohs and Baumeister.

Yet Waller’s account of free will still leads to a very different view of justice and responsibility than most people hold today. No one has caused himself: No one chose his genes or the environment into which he was born. Therefore no one bears ultimate responsibility for who he is and what he does. Waller told me he supported the sentiment of Barack Obama’s 2012 “You didn’t build that” speech, in which the president called attention to the external factors that help bring about success. He was also not surprised that it drew such a sharp reaction from those who want to believe that they were the sole architects of their achievements. But he argues that we must accept that life outcomes are determined by disparities in nature and nurture, “so we can take practical measures to remedy misfortune and help everyone to fulfill their potential.”

Understanding how will be the work of decades, as we slowly unravel the nature of our own minds. In many areas, that work will likely yield more compassion: offering more (and more precise) help to those who find themselves in a bad place. And when the threat of punishment is necessary as a deterrent, it will in many cases be balanced with efforts to strengthen, rather than undermine, the capacities for autonomy that are essential for anyone to lead a decent life. The kind of will that leads to success—seeing positive options for oneself, making good decisions and sticking to them—can be cultivated, and those at the bottom of society are most in need of that cultivation.

To some people, this may sound like a gratuitous attempt to have one’s cake and eat it too. And in a way it is. It is an attempt to retain the best parts of the free-will belief system while ditching the worst. President Obama—who has both defended “a faith in free will” and argued that we are not the sole architects of our fortune—has had to learn what a fine line this is to tread. Yet it might be what we need to rescue the American dream—and indeed, many of our ideas about civilization, the world over—in the scientific age.

(Source: The Atlantic)