Free Will in Criminal Law and Procedure

Proceedings of the 23rd and 24th World Congress of the International Association for Philosophy of Law an Social Philosophy Krakow 2007 and Beijing 2009

edited by Friedrich Toepel

Book cover: Free Will in Criminal Law and Procedure

Extent: 122 pages

Publisher: Franz Steiner Verlag

Subjects: Law, Philosophy

Series: Archiv fur Rechts- und Sozialphilosophie - Beihefte

Series volume number: 120

Language: English

Paperback (Published)

(March 2010)

ISBN: 9783515093200

6.65 x 9.45 inches

Price: $44.00

Out of stock

This supplement to the Archives for Philosophy of Law and Social Philosophy (ARSP) covers all of the fundamental aspects of the free will problem, concentrating on questions of criminal and procedural law. In the first section the concept of free will is analyzed and the deterministic approach of Ronald J. Allen is discussed as laid out in his essay “Miranda’s Hollow Core” in the Northwestern Law Review. The section is concluded by Professor Allen’s reply to his critics. Professor Allen’s determinism stands in contrast to the libertarianism of David Hodgson and Friedrich Toepel. The essays of Allan McCay and Juan Pablo Manalich concentrate on compatibilistic theories. The second section focuses on a critical analysis of compatibilism. In this context, Angus Menuge also discusses the question of concrete evidence for a free will. Friedrich Toepel examines the relevance of alternative models, and Mateusz Klinowski argues that many of the relevant questions can already be answered by applying logical principles. In both sections, John W. Montgomery also provides rare insights into the theological background of the topic.

  • Edited by Friedrich Toepel