Is Free Will the Rational Basis of Responsibilitism

Scholars always focus attention on the paradigm of criminal responsibility,without justifying but coinciding that the rational basis of responsibilitism is free will.The research of Pufendorf extends the discourse from the crime of self evil,never giving a definition or characteristic of free will,and never contradicting the determinism.The comparison of benefits in risk avoidance pushes Kant to the boundary of determinism.People admittedly get their retribution because of free will,but the free will is also “changed” by the deterrent of retribution.Judicialisation proves that the free will on which criminal responsibility is based is nothing more than a “sweet illusion”.Choice is not the whole of will,and the offender is only the subject of the “beginning”.Free will is hypothetical,but the determine is actual,therefore,the above two manifest themselves as an internal and external relationship.Plenty of behaviors is the results of the neutralization of external scene,free choice and internal emotions.The main basis for determining responsibility at this point is the degree to which the behavior is determined or which the degree of freedom one person has.The so-called “possibility theory of other acts” and “normative responsiveness theory” on normative responsibility are derivation of the inference of free will.The so-called positive generally prevention in functionalism is even detached from the basis of the “potential offender” and contains huge risks.The key to the examination of cognitive activity in criminal law is “seeing connexion”,and the relationship between cause and effect is chain relation which is overloaded.The main task is the “finding and inventing intermediate cases”.Although culpability is often associated with individual cognition,responsibilitism should be a principle that ought to be abode in criminal law and constitutional law,which should be divorced from individual purpose.“Freedom from fear and freedom from want” are basic human needs,and dignity and freedom are objective values of fundamental law meaning.The theory of determining proportionality which based on the deterministic premise requires an examination of the abnormality of the intervening act,the social proportionality of the result,the intersubjectivity,the subject-object relationship and the fundamental ethical values of the dignity and freedom.The basic logic in the field involving artificial intelligence is that God exists as a belief,but human exists as real,and the free will of artificial intelligence is more a matter for discussion by the AI itself.