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Metaphysics & Morals In Canadian Criminal Justice: A Pragmatic Analysis Of The Conflict Between Neuroscience And Retributive Folk Psychology, Sarah Greenwood
Metaphysics & Morals In Canadian Criminal Justice: A Pragmatic Analysis Of The Conflict Between Neuroscience And Retributive Folk Psychology, Sarah Greenwood
LLM Theses
The retributive justification of Canadian criminal law contains several assumptions about human nature that conflicts with what neuroscience has established regarding human behavior and the function of rationality. Interdisciplinary discourse on this conflict between law and neuroscience has unnecessarily implicated the free will debate and is further stagnated by epistemic cultural differences between the two disciplines. To avoid these roadblocks, this thesis applies the methodological principles of pragmatic philosophy. Rather than asking which description of human nature is true, pragmatic inquiry focuses on the difference either would make in practice. This analysis reveals that retributive folk psychology in practice causes …
State-Induced Error Of Law, Criminal Liability And Dunn V. The Queen: A Recent Non-Development In Criminal Law, Terence Arnold
State-Induced Error Of Law, Criminal Liability And Dunn V. The Queen: A Recent Non-Development In Criminal Law, Terence Arnold
Dalhousie Law Journal
Like other contributors to this Nova Scotia issue of the Law Journal I was asked to comment upon any interesting developments, whether in cases or legislation, that had occurred in a particular area of law, in my case criminal law, since the time of the last "round-up". 1 When I began I intended to do as I had been asked; and there were, indeed, a number of matters which I felt to be worthy of comment. 2 1 was waylaid, however. I came across a case in which the Appeal Division of the Nova Scotia Supreme Court took a position …