..., unlike self-defense, implies biological determinism, calling into question the criminal law’s traditional assumption that human beings exercise free will in choosing their actions. And, as its treatment of the necessity defense indicates, American criminal law does not simply proceed from an assumption...

... are authorized to make irreducibly moral determinations outside of the ordinary doctrinal framework. Jurors, judges, and legislators are each required, at key points in the sentencing process, to make moral judgments that cannot be reached without reference to the person’s own understanding of free...