Friedrich Toepel (Hrsg.)
Free Will in Criminal Law and Procedure
Proceedings of the 23rd and 24th IVR World Congress Kraków 2007 and Beijing 2009
Archiv für Rechts- und Sozialphilosophie – Beihefte (ARSP-B)
1st Edition 2010.
122 p. soft cover
AbstractThis 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 Mañalich 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.