ABSTRACT
This chapter aims to describe a broad overview of the points of contact and interaction between theories of free will and the philosophy of law. It examines in various ways with the libertarian theory of free will of philosopher and jurist David Hodgson. Discussions of the problem of free will in the context of the law have largely related to the responsibility, blameworthiness, and punishment of those who have committed criminal offences. The history of the free will debate includes consideration of various purported threats to human freedom. A compatibilist position has the potential to preserve much of what was purported to be under threat in the contemporary free will debate, including legal responsibility and retributive punishment. Compatibilism has been the most common way to respond to concerns about free will and responsibility in relation to other long-standing issues in legal theory. The chapter also presents an overview of the key concepts discussed in this book.
