David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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Criminal Law and Philosophy 4 (1):77-98 (2010)
Various authors debate the question of whether neuroscience is relevant to criminal responsibility. However, a plethora of different techniques and technologies, each with their own abilities and drawbacks, lurks beneath the label “neuroscience”; and in criminal law responsibility is not a single, unitary and generic concept, but it is rather a syndrome of at least six different concepts. Consequently, there are at least six different responsibility questions that the criminal law asks – at least one for each responsibility concept – and, I will suggest, a multitude of ways in which the techniques and technologies that comprise neuroscience might help us to address those diverse questions. In a way, on my account neuroscience is relevant to criminal responsibility in many ways, but I hesitate to state my position like this because doing so obscures two points which I would rather highlight: one, neither neuroscience nor criminal responsibility are as unified as that; and two, the criminal law asks many different responsibility questions and not just one generic question.
|Keywords||responsibility neuroscience criminal law neurolaw|
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Thomas Douglas (2008). Moral Enhancement. Journal of Applied Philosophy 25 (3):228-245.
Erin A. Egan (2007). Neuroimaging as Evidence. American Journal of Bioethics 7 (9):62-63.
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Citations of this work BETA
Greg Roebuck & David Wood (2011). A Retributive Argument Against Punishment. Criminal Law and Philosophy 5 (1):73-86.
Nicole A. Vincent (2011). Legal Responsibility Adjudication and the Normative Authority of the Mind Sciences. Philosophical Explorations 14 (3):315-331.
M. Farisco & C. Petrini (2012). The Impact of Neuroscience and Genetics on the Law: A Recent Italian Case. Neuroethics 5 (3):317-319.
Nicole A. Vincent (2014). Restoring Responsibility: Promoting Justice, Therapy and Reform Through Direct Brain Interventions. [REVIEW] Criminal Law and Philosophy 8 (1):21-42.
Nicole A. Vincent (forthcoming). A Compatibilist Theory of Legal Responsibility. Criminal Law and Philosophy:1-22.
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