As the first full-length study of twentieth-century American legal
academics wrestling with the problem of free will versus
determinism in the context of criminal responsibility, this book
deals with one of the most fundamental problems in criminal law.
Thomas Andrew Green chronicles legal academic ideas from the
Progressive Era critiques of free will-based (and generally
retributive) theories of criminal responsibility to the midcentury
acceptance of the idea of free will as necessary to a criminal law
conceived of in practical moral-legal terms that need not accord
with scientific fact to the late-in-century insistence on the
compatibility of scientific determinism with moral and legal
responsibility and with a modern version of the retributivism that
the Progressives had attacked. Foregrounding scholars' language and
ideas, Green invites readers to participate in reconstructing an
aspect of the past that is central to attempts to work out bases
for moral judgment, legal blame, and criminal punishment.
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