The Moral Conflict of Law and Neuroscience

The Moral Conflict of Law and Neuroscience

Description

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.

Similar Books

ISBN 10: 1932594043
ISBN 13: 9781932594041

05 Oct 2004
Brent Garland

ISBN 10: 019025310X
ISBN 13: 9780190253103

06 Aug 2015
Michael S. Pardo

ISBN 10: 0262038781
ISBN 13: 9780262038782

04 Dec 2018
William Hirstein

ISBN 10: 0307475611
ISBN 13: 9780307475619

11 Feb 2014
Adrian Raine

ISBN 10: 0199925607
ISBN 13: 9780199925605

13 Mar 2014
Nicole A. Vincent

ISBN 10: 1524759902
ISBN 13: 9781524759902

04 Sep 2018
David A Kaplan

ISBN 10: 1913019039
ISBN 13: 9781913019037

15 Jun 2020
Julian Bailey

ISBN 10: 1504939182
ISBN 13: 9781504939188

30 Jun 2015
Lindsay West

ISBN 10: 1501155555
ISBN 13: 9781501155550

05 Sep 2017
Tom Gardner

ISBN 10: 0470057750
ISBN 13: 9780470057759

11 Feb 2013
H. Jackson Knight

ISBN 10: 0729542459
ISBN 13: 9780729542456

24 Nov 2016
Patricia Staunton

ISBN 10: 1742862411
ISBN 13: 9781742862415

30 May 2014
Vivien Millane