RISKS OF REVIEWING FREE-WILL IN PENAL LAW: CURRENT VIEW OF THE DISPUTE BETWEEN LUTHER AND ERASMUS OF ROTTERDAM

Abstract

The neurosciences have evolved to the point that both philosophy of mind and penal law are revisiting the determinism v. free-will dichotomy. However most of these contemporary discussions fail to appreciate the fact that the discussion has largely been framed since scholasticism. Although posed in a new scenario, arguments around free will such as those made by Erasmus of Rotterdam and Martin Luther may be revisited for the legitimation of contemporary penal law. The need for an individual to believe they are capable of 'self-regulation' or making their own decision to obey the law was posed long ago in the Reformation's critique of determinism.