Criminal Law and Philosophy 4 (1):77-98 (2010)

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Nicole A. Vincent
University of Technology Sydney
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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DOI 10.1007/s11572-009-9087-4
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What We Owe to Each Other.Thomas Scanlon - 1998 - Belknap Press of Harvard University Press.
Moral Dimensions: Permissibility, Meaning, Blame.Thomas Scanlon - 2008 - Belknap Press of Harvard University Press.
How Does Moral Judgment Work?Joshua Greene & Jonathan Haidt - 2002 - Trends in Cognitive Sciences 6 (12):517-523.

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