Humanistic incompatibilism: A counterproposal of penal neuroabolitionism

Abstract

Humanistic incompatibilism holds that free will is a concept incompatible with the deterministic and indeterministic truths of science but raises the human dignity as a limit to any development of science and justice. This article makes a historical and conceptual journey around determinism, indeterminism, compatibilism and incompatibilism. Later, it introduces the problem that neuroscience creates for the theory of crime. Then, it presents some criticisms to humanistic compatibilism and posits humanistic incompatibilism as an abolitionist counterproposal of criminal law. The article ends with the formulation of five basic postulates of penal neuroabolitionism and presents the conclusions.