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Full-Text Articles in Neurosciences
Criminal Law And Common Sense: An Essay On The Perils And Promise Of Neuroscience, Stephen J. Morse
Criminal Law And Common Sense: An Essay On The Perils And Promise Of Neuroscience, Stephen J. Morse
All Faculty Scholarship
This article is based on the author’s Barrock Lecture in Criminal Law presented at the Marquette University Law School. The central thesis is that the folk psychology that underpins criminal responsibility is correct and that our commonsense understanding of agency and responsibility and the legitimacy of criminal justice generally are not imperiled by contemporary discoveries in the various sciences, including neuroscience and genetics. These sciences will not revolutionize criminal law, at least not anytime soon, and at most they may make modest contributions to legal doctrine, practice, and policy. Until there are conceptual or scientific breakthroughs, this is my story …
Is It Ethical To Hold A Person Culpable For His Actions If He Cannot Recognize Right And Wrong, Tabitha E.H. Moses
Is It Ethical To Hold A Person Culpable For His Actions If He Cannot Recognize Right And Wrong, Tabitha E.H. Moses
Student Works
The field of neuroscience has opened up a proverbial can of worms when it comes to questions of free will and culpability. The more we know about the mind the more it appears that no one has any real choice in their actions. The ethical implications of this assumption are astronomical. Guilt and culpability come into question; it would seem unjust to punish a person for a crime if he had no choice but to commit it. While these are interesting questions for an ethicist they are impractical for society as they might affect how society functions. As such, the …