
As an Amazon Associate and affiliate partner, Menrva Books earns from qualifying purchases. Learn more
How should neuroscience, psychology and behavioral genetics impact legal responsibility practices?Recent findings from these fields are sometimes claimed to threaten the moral foundations of legal responsibility practices by revealing that determinism, or something like it, is true. On this account legal responsibility practices should be abolished because there is no room for such outmoded fictions as responsibility in an enlightened and scientifically-informed approach to the regulation of society.However, the chapters in this volume reject this claim and its related agenda of radical legal reform. Embracing instead a broadly compatibilist approach - one according to which responsibility hinges on psychological features of agents not on metaphysical features of the universe - this volume's authors demonstrate that the behavioral and mind sciences may impact legal responsibility practices in a range of different ways, for instance: by providing fresh insight into the nature of normal and pathological human agency, by offering updated medical and legal criteria for forensic practitioners as well as powerful new diagnostic and intervention tools and techniques with which to appraise and to alter minds, and by raising novel regulatory challenges.Science and law have been locked in a philosophical dialogue on the nature of human agency ever since the 13th century when a mental element was added to the criteria for legal responsibility. The rich story told by the 14 essays in this volume testifies that far from ending this philosophical dialogue, neuroscience, psychology and behavioral genetics have the potential to further enrich and extend this dialogue.
This volume investigates whether emerging findings in neuroscience, psychology, and behavioral genetics necessitate a fundamental restructuring or abolition of current legal responsibility practices. Nicole A. Vincent and a collection of contributors argue against the notion that scientific determinism renders legal responsibility obsolete. Instead, they propose a compatibilist framework, asserting that legal accountability should remain anchored in the psychological capacities of human agents rather than metaphysical debates about the nature of the universe.
What You Will Find
Experts identify this collection as a significant contribution to the interdisciplinary study of law and cognitive science. Readers frequently note the academic density of the prose, which serves as a rigorous resource for scholars and practitioners navigating the ethical implications of neuroscientific evidence in the courtroom.
Page Count:
404
Publication Date:
2013-02-05
Publisher:
Oxford University Press
ISBN-10:
0199925607
ISBN-13:
9780199925605
No comments yet. Be the first to share your thoughts!