Introduction to 'Free Will and the Law: New Perspectives'

Allan McCay and Michael Sevel (eds), "Free Will and the Law: New Perspectives", Routledge, Abingdon, 2019

Sydney Law School Research Paper No. 18/51

22 Pages Posted: 27 Aug 2018 Last revised: 18 Apr 2019

See all articles by Allan McCay

Allan McCay

University of Sydney

Michael Sevel

The University of Sydney Law School

Date Written: August 24, 2018

Abstract

In this Introduction to the forthcoming volume Free Will and the Law: New Perspectives, we give an overview of the use and development of theories of free will within various debates in the philosophy of law over the last half century. We provide summaries of the contribution to the volume, all of which engage with the libertarian theory of free will developed by philosopher and appellate judge, David Hodgson (1939-2012). Hodgson, whom HLA Hart once called “the ablest DPhil candidate I ever had,” developed a distinctive conception of incompatibilist, libertarian free will with a view to addressing perennial issues in legal philosophy, especially within the theory of punishment. In this volume, many leading philosophers of law and theorists of free will critically examine Hodgson’s libertarianism, both in its own right as well in connection to longstanding problems in legal philosophy.

Keywords: Free Will, Legal Theory, David Hodgson, punishment, adjudication, determinism, retributivism, libertarianism

JEL Classification: K00, K10, K14, K30, K40, K42

Suggested Citation

McCay, Allan and Sevel, Michael, Introduction to 'Free Will and the Law: New Perspectives' (August 24, 2018). Allan McCay and Michael Sevel (eds), "Free Will and the Law: New Perspectives", Routledge, Abingdon, 2019, Sydney Law School Research Paper No. 18/51, Available at SSRN: https://ssrn.com/abstract=3237915

Allan McCay

University of Sydney ( email )

University of Sydney
Sydney, NSW 2006
Australia

Michael Sevel (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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