Freedom of the Will and Legal Imputability in Schopenhauer

Abstract

The present article aims to analyze Arthur Schopenhauer's criticism of the postulation that freedom of the will is the condition of possibility of legal imputability. According to the philosopher, an intellectually determinable will, not an unconditioned will, is what would be the true enabler of state imputability. In conclusion, we argue that it is with the potential of change of the agent, and not with the culpability, that society and the state should be concerned. This means that, according to Schopenhauer, an alternative and deterministic conception like yours, contrary to what is often said, does not compromise, but enhances the imputability, which is why there is nothing to fear.

Keywords

• Liberdade da vontade
• Imputabilidade jurídica
• Schopenhauer