On the Relevance of Neuroscience to Criminal Responsibility

Criminal Law and Philosophy 4 (1):77-98 (2010)
Abstract
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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References found in this work BETA
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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