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Books > Law > Other areas of law > Law as it applies to other professions
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The Moral Conflict of Law and Neuroscience (Paperback)
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The Moral Conflict of Law and Neuroscience (Paperback)
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Law relies on a conception of human agency, the idea that humans
are capable of making their own choices and are morally responsible
for the consequences. But what if that is not the case? Over the
past half century, the story of the law has been one of increased
acuity concerning the human condition, especially the workings of
the brain. The law already considers select cognitive realities in
evaluating questions of agency and responsibility, such as age,
sanity, and emotional distress. As new neuroscientific research
comprehensively calls into question the very idea of free will, how
should the law respond to this revised understanding? Peter A.
Alces considers where and how the law currently fails to appreciate
the neuroscientific revelation that humans may in key ways lack
normative free will and therefore moral responsibility. The most
accessible setting in which to consider the potential impact of
neuroscience is criminal law, as certain aspects of criminal law
already reveal the naivete of most normative reasoning, such as the
inconsistent treatment of people with equally disadvantageous
cognitive deficits, whether congenital or acquired. But tort and
contract law also assume a flawed conception of human agency and
responsibility. Alces reveals the internal contradictions of extant
legal doctrine and concludes by considering what would be involved
in constructing novel legal regimes based on emerging
neuroscientific insights.
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