Strafrechtliche Verantwortung ohne Willensfreiheit

Does criminal culpability exist in a deterministic world? Many neuroscientists deny this and promote an exclusivly preventive criminal law. Yet, since antiquity philosophers called ‘compatibilists’ argue for a reconciliation of determinism and culpability and attempt to prove that we are responsible for our decisions and actions even in a pre-determined world, while ‘incompatibilists’ continue to reject compatability of culpability with determinism. This contribution to the philopshopy of criminal law analyzes the extensive philosophical literature and adapts for a jurisprudential discussion. At the same time, it puts neuroscience in its place, showing that there is no such thing as a “brain-compatible” law. Yet, there is law that is based on established ethics and legal principles.