Colloquium: A Compatibilist Theory of Legal Responsibility

Philosophical compatibilism reconciles moral responsibility with determinism, and some neurolaw scholars have suggested that it can also provide a theoretical framework for reconciling legal views about responsibility with behavioural scientific findings about the causes of human action. This paper however argues that before compatibilism can do this, it must first be modified to take account of differences between legal versus moral responsibility and a scientific versus a deterministic world view, and to address problems with its capacitarian element.