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Bereits seit der griechischen Antike wurde die Frage nach dem freien Willen und damit auch nach der Schuldfähigkeit von Straftätern immer wieder aufgegriffen. Im 20. Jahrhundert wurde die Idee der Existenz eines freien Willens von unterschiedlichen wissenschaftlichen Richtungen vehement kritisiert: Sowohl Freud und seine Nachfolger, wie auch die modernen Sozialwissenschaften und naturwissenschaftliche Disziplinen wie die vergleichende Verhaltensforschung, die Verhaltensgenetik und die Hirnforschung stellen das Konzept des freien Willens in Frage. Das Unbewusste, die soziale Prägun
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