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Intention and Awareness of Wrongdoing: Exploring the Intersections between Experimental Philosophy and German Criminal Law

Intention has traditionally been one of the fundamental legal and philosophical notions. Since the emergence of experimental philosophy, it has become obvious that people regard intention as a value-laden concept. This finding came as a surprise to experimental philosophers, and consensus has not been reached yet on how to interpret it. While struggling with this unexpected discovery, empirically-minded philosophers have been unaware of the fact that the evaluative dimension of intention had already been noticed and comprehensively analysed by German criminal law scholars. Abandoning the futile attempt to develop a value-free notion of intention, these legal theorists initiated a thoroughgoing transformation (so-called normativization) of intention, but nevertheless failed to reach agreement on one of the main issues regarding the ‘value-impregnation’ of intention: the relationship between intention and awareness of wrongdoing. This paper aims to help resolve these disputes by exploring the intersections between experimental philosophy and German legal jurisprudence.

intention, awareness of wrongdoing, experimental philosophy

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