Generally, the existence of free will is widely accepted as a prerequisite for blame. That is, in order for moral condemnation of the decision to commit an illegal act, despite being able to act lawfully, it is required that the actor has complete free will. Only then is punishment considered just, adhering to the principle of “no punishment without responsibility,” rather than merely remaining in consequentialism. This is firmly established without much disagreement today, and is accepted and used both theoretically and practically, either explicitly or implicitly. It is a fact that is the foundation and principle of criminal law (jurisprudence) as well as law in general, and a kind of dogma.

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Free Will and the Justification of Punishment

  • Seong Jo Ahn

摘要

Generally, the existence of free will is widely accepted as a prerequisite for blame. That is, in order for moral condemnation of the decision to commit an illegal act, despite being able to act lawfully, it is required that the actor has complete free will. Only then is punishment considered just, adhering to the principle of “no punishment without responsibility,” rather than merely remaining in consequentialism. This is firmly established without much disagreement today, and is accepted and used both theoretically and practically, either explicitly or implicitly. It is a fact that is the foundation and principle of criminal law (jurisprudence) as well as law in general, and a kind of dogma.