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Law regulates human behaviour, a phenomenon about which
neuroscience has much to say. Neuroscience can tell us whether a
defendant suffers from a brain abnormality, or injury and it can
correlate these neural deficits with criminal offending. Using fMRI
and other technologies it might indicate whether a witness is
telling lies or the truth. It can further propose
neuro-interventions to 'change' the brains of offenders and so to
reduce their propensity to offend. And, it can make suggestions
about whether a defendant knows or merely suspects a prohibited
state of affairs; so, drawing distinctions among the mental states
that are central to legal responsibility. Each of these matters has
philosophical import; is a neurological 'deficit' inculpatory or
exculpatory; what is the proper role for law if the mind is no more
than the brain; is lying really a brain state and can neuroscience
really 'read' the brain? In this edited collection, leading
contributors to the field provide new insights on these matters,
bringing to light the great challenges that arise when disciplinary
boundaries merge.
An investigation of criminal attempts unearths some of the most
fundamental, intriguing and perplexing questions about criminal law
and its place in human action. When does attempting begin? What is
the relationship between attempting and intending? Do we always
attempt the possible and, if so, possible to whom? Does attempting
involve action and does action involve attempting? Is my attempt
fixed by me or can another perspective reveal what it is? How
'much' action is needed for an attempt, how 'much' intention is
needed and can these matters be decided categorically? Bebhinn
Donnelly-Lazarov's answers to these questions will interest
criminal law theorists, philosophers and lawyers or law reformers,
who encounter the mixed practical and philosophical phenomenon of
attempting. Inspired by G. E. M. Anscombe's philosophy, Part I
examines attempting generally and its relationship with intention,
action subjectivity, and possibility. From the conclusions reached,
Part II proposes a specific theory of criminal attempts.
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Loot
Nadine Gordimer
Paperback
(2)
R398
R330
Discovery Miles 3 300
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