Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Arts and Humanities (1)
- Constitutional Law (1)
- Criminology and Criminal Justice (1)
- Genetic Phenomena (1)
- Jurisprudence (1)
-
- Law and Philosophy (1)
- Law and Psychology (1)
- Law and Society (1)
- Legal Studies (1)
- Medical Sciences (1)
- Medical Specialties (1)
- Medicine and Health Sciences (1)
- Neurology (1)
- Other Psychology (1)
- Philosophy (1)
- Philosophy of Mind (1)
- Psychology (1)
- Science and Technology Law (1)
- Social and Behavioral Sciences (1)
- Supreme Court of the United States (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Neuroscience And The Future Of Personhood And Responsibility, Stephen J. Morse
Neuroscience And The Future Of Personhood And Responsibility, Stephen J. Morse
All Faculty Scholarship
This is a chapter in a book, Constitution 3.0: Freedom and Technological Change, edited by Jeffrey Rosen and Benjamin Wittes and published by Brookings. It considers whether likely advances in neuroscience will fundamentally alter our conceptions of human agency, of what it means to be a person, and of responsibility for action. I argue that neuroscience poses no such radical threat now and in the immediate future and it is unlikely ever to pose such a threat unless it or other sciences decisively resolve the mind-body problem. I suggest that until that happens, neuroscience might contribute to the reform of …
Abolition Of The Insanity Defense Violates Due Process, Stephen J. Morse, Richard J. Bonnie
Abolition Of The Insanity Defense Violates Due Process, Stephen J. Morse, Richard J. Bonnie
All Faculty Scholarship
This article, which is based on and expands on an amicus brief the authors submitted to the United States Supreme Court, first provides the moral argument in favor of the insanity defense. It considers and rejects the most important moral counterargument and suggests that jurisdictions have considerable leeway in deciding what test best meets their legal and moral policies. The article then discusses why the two primary alternatives to the insanity defense, the negation of mens rea and considering mental disorder at sentencing, are insufficient to achieve the goal of responding justly to severely mentally disordered offenders. The last section …