David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jonathan Jenkins Ichikawa
Jack Alan Reynolds
Learn more about PhilPapers
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|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
Thomas Scanlon (1998). What We Owe to Each Other. Belknap Press of Harvard University Press.
John Martin Fischer & Mark Ravizza (1998). Responsibility and Control: A Theory of Moral Responsibility. Cambridge University Press.
Thomas Scanlon (2008). Moral Dimensions: Permissibility, Meaning, Blame. Belknap Press of Harvard University Press.
Joshua Greene & Jonathan Haidt (2002). How Does Moral Judgment Work? Trends in Cognitive Sciences 6 (12):517-523.
Gary Watson (2004). Agency and Answerability: Selected Essays. Oxford University Press.
Citations of this work BETA
Nicole A. Vincent (2014). Restoring Responsibility: Promoting Justice, Therapy and Reform Through Direct Brain Interventions. [REVIEW] Criminal Law and Philosophy 8 (1):21-42.
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 (2013). Blame, Desert and Compatibilist Capacity: A Diachronic Account of Moderateness in Regards to Reasons-Responsiveness. Philosophical Explorations 16 (2):1-17.
Greg Roebuck & David Wood (2011). A Retributive Argument Against Punishment. Criminal Law and Philosophy 5 (1):73-86.
Michele Farisco & Carlo Petrini (2014). On the Stand. Another Episode of Neuroscience and Law Discussion From Italy. Neuroethics 7 (2):243-245.
Similar books and articles
Leonard V. Kaplan (2004). Truth and/or Consequences : Neuroscience and Criminal Responsibility. In Susan Pockett (ed.), Does Consciousness Cause Behaviour? MIT Press
Antony Duff & Stuart P. Green (eds.) (2011). Philosophical Foundations of Criminal Law. Oxford University Press.
Victor Tadros (2005). Criminal Responsibility. OUP Oxford.
Michael J. Gorr & Sterling Harwood (eds.) (1992). Controversies in Criminal Law: Philosophical Essays on Responsibility and Procedure. Westview Press.
Dennis Patterson (2011). Minds, Brains, and Norms. Neuroethics 4 (3):179-190.
Michael Pardo & Dennis Patterson (2011). Minds, Brains, and Norms. Neuroethics 4 (3):179-190.
Nicola Lacey (2007). Space, Time and Function: Intersecting Principles of Responsibility Across the Terrain of Criminal Justice. [REVIEW] Criminal Law and Philosophy 1 (3):233-250.
Katrina Sifferd (2012). Changing the Criminal Character: Nanotechnology and Criminal Punishment. In A. Santosuosso (ed.), Proceedings of the 2011 Law and Science Young Scholars Symposium. Pavia University Press
Antony Duff (2009). Legal and Moral Responsibility. Philosophy Compass 4 (6):978-986.
Added to index2009-12-21
Total downloads417 ( #4,136 of 1,934,701 )
Recent downloads (6 months)114 ( #2,516 of 1,934,701 )
How can I increase my downloads?