The assertion “he could have done otherwise” represents a notorious problem in the science of penal law and in moral philosophy. Some philosophers have assumed that this statement is to be analysed as “he would have done otherwise if he had so chosen” (analysis view), thus believing to have found an interpretation which is compatible with determinism. It has been argued, however, that these two statements are not equivalent. The following article attempts to show that this objection is not far-reaching (...) enough. At the same time the analysis view is considered to be of little help, as it presupposes the solution of the problems it claims to solve. (shrink)