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The will: from metaphysical freedom to normative functionalism.
1Department of Neurology and Psychiatry, St. Louis University School of Medicine, 1438 South Grand Boulevard, St. Louis, MO 63104-1027, USA. felthous@slu.edu
Summary
The concept of free will, crucial for criminal responsibility, has evolved through history. Understanding the will's empirical nature, distinct from metaphysical freedom, is vital for legal and scientific discourse.
Area of Science:
- Legal Philosophy
- Neuroscience
- Criminal Responsibility
Background:
- The relevance of free will to criminal responsibility is debated.
- Historical and philosophical traditions link will and intellect.
- Jurists historically emphasized the will's dependence on intellect.
Purpose of the Study:
- To explore the historical and philosophical underpinnings of free will in relation to criminal responsibility.
- To examine the modern understanding of the will, particularly from neuroscience.
- To argue for the importance of the will as a core mental faculty in legal contexts.
Main Methods:
- Historical analysis of philosophical and legal texts.
- Review of contemporary rationalist philosophy.
- Examination of neuroscientific findings on volition.
Main Results:
- The concept of 'free will' has been central to discussions of agency and responsibility across centuries.
- Despite debates on metaphysical freedom, the will's connection to intellect is a persistent theme.
- Neuroscience offers insights into the functioning of the will, distinct from metaphysical concepts.
Conclusions:
- Avoiding the term 'free will' in forensic contexts risks overlooking the essential concept of the will.
- Recognizing the empirical nature of the will is crucial for legal and psychiatric understanding.
- Re-establishing conceptual clarity on the will can help the law reconnect with the faculty of human agency.
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