The point of departure of this paper is the characterization of human action as contingent or necessary (obligatory). The key question concerns the place for choice in the human action, i.e. are we free in our choices? Thus, the aim of this paper is to search for the answer to the question concerning human freedom and free will. In searching for the answer to this controversial question, consideration is focused on the cognitive structure of human beings. The research refers to Roman Ingarden’s conception of the human being as a relatively isolated system of a higher order, contained in a compound hierarchical structure. In this way, the argumentation for the place of free will is supported by the structure of the human being, and joins both the ontological and the epistemic aspects. In consequence, methodologically they are treated as a primary to inquiries into the theory of action on one side, and into the biological approach of cognitive science on the other.