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Neuroscience and Legal Responsibility (Hardcover)
Loot Price: R2,258
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Neuroscience and Legal Responsibility (Hardcover)
Series: Oxford Series in Neuroscience, Law, and Philosophy
Expected to ship within 12 - 17 working days
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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.
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