Frank A.
Koch, MŸnchen: Kein Abschied von der Willensfreiheit
The old debate on the freedom
of will has gained new momentum. From the neuroscientific and even from the
legal perspective it is argued that the concept of freedom should be abandoned.
But such a step would change central concepts not only in penal law but in
nearly all legal areas. This calls for a closer look at whether the scientific
results available today really do inevitably necessitate such a fundamental
change. The outcome of such a scrutiny is sobering because those results are
far from supporting that abolitionist position. Freedom of will is not refuted
by neuroscience, even not by the experiments of Libet. We therefore should not
rush to deconstruct our legal system.
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