Abstract
This essay is about some connections between the idea according to
which free will and determinism are mutually compatible and the fundamentals of
criminal imputation. It is sustained that the Principle of Alternative Possibilities
remains indispensable as a starting point, without damage to its integration into a
broader model, able to cover those situations where the moral agent intentionally
(at least by negligence) produces (or do not avoid) the conditions of his own lack of
liability in ordinary or general terms. Keywords: criminal responsibility; free will; indeterminism; determinism; compatibilism; freedom of action; freedom of motivation; Principle of Alternative Possibilities (PAP); Source Model (SM); causing the conditions of one’s own lack of liability; extraordinary imputation.
| Original language | English |
|---|---|
| Pages (from-to) | 45-68 |
| Journal | De Legibus - Revista de Direito da Universidade Lusófona |
| Issue number | 2 |
| DOIs | |
| Publication status | Published - 2021 |
Keywords
- LAW
- DETERMINISM
- CRIMINAL LIABILITY
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