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20) Perhaps Miranda excludes uncompelled confessions in some cases to prevent compulsion in other cases,(21) and perhaps the Miranda warnings advise suspects misleadingly that they have a right to remain silent in order to protect the different right that the Constitution guarantees them, the right to be free of compulsion.
The reminiscence may have been aroused by a sentence on the preceding page: 'He walks abroad in the majesty of an universal understanding, eyeing the "rich strond", or golden sky above him, and "goes sounding on his way", in eloquent accents, uncompelled and free
The norm to show oneself as being uncompelled can be just as compelling as that of having to carefully follow a particular social convention.
Yet, inasmuch as the acts are also intentional, they have all the marks of an utterly central instance of agency or will; for, again, if things are as they appear, the acts are uncompelled.
The argument assumes (i) that whatever is both voluntary and properly informed is a central instance of will, (ii) that what is voluntary is uncompelled and intentional, (iii) that "all things considered," judgment is sometimes truly better or best, and thus, is rational judgment, and (iv) that any particular reason for action or choice is something that counts, or at least seems to count, in favor of doing the action or making the choice.
They challenge the idea that akrasia is uncompelled, as Gary Watson does in his effective and widely acknowledged piece.
Even if we were to grant the favored a priori or theoretical connection between intention (and so on) and reason, there would still be the difficulty of explaining, specifically, how compulsion or diminished cognitive ability (or the like) was involved in those akratic actions where, for all we can tell, the akratic agent was uncompelled and perfectly aware of what he was doing.
For example, a criminal defendant who makes an uncompelled confession satisfying the requirements of the Fifth Amendment but not the requirements of Miranda v.
Moreover, the conduct is entirely rational and uncompelled.
11) In either case, the necessity for just deserts presupposes a view of persons as potentially morally responsible, that is, as rational, uncompelled agents, rather than as merely bodies moving in space.
Agency is the process of deliberative, uncompelled personal action that actualizes potentiality.