Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Bioethics (1)
- Brain (1)
- Brain scan (1)
- CT (1)
- Capital punishment (1)
-
- Consequentialism (1)
- Criminal law (1)
- Criminal procedure (1)
- Death penalty (1)
- Deterrence (1)
- EEG (1)
- FMRI (1)
- Free will (1)
- Future dangerousness (1)
- H.L.A Hart (1)
- Jurisprudence (1)
- Lawyer (1)
- Legal ethics (1)
- Morality (1)
- Morals (1)
- Neuroethics (1)
- Neuroimaging (1)
- Neuroscience (1)
- PET (1)
- Punishment (1)
- Punishment theory (1)
- Retribution (1)
- Statutes of limitations (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Neuroimaging And The "Complexity" Of Capital Punishment, O. Carter Snead
Neuroimaging And The "Complexity" Of Capital Punishment, O. Carter Snead
Journal Articles
The growing use of brain imaging technology to explore the causes of morally, socially, and legally relevant behavior is the subject of much discussion and controversy in both scholarly and popular circles. From the efforts of cognitive neuroscientists in the courtroom and the public square, the contours of a project to transform capital sentencing both in principle and in practice have emerged. In the short term, these scientists seek to play a role in the process of capital sentencing by serving as mitigation experts for defendants, invoking neuroimaging research on the roots of criminal violence to support their arguments. Over …
"Technical" Defenses: Ethics, Morals, And The Lawyer As Friend, Thomas L. Shaffer, Robert F. Cochran Jr.
"Technical" Defenses: Ethics, Morals, And The Lawyer As Friend, Thomas L. Shaffer, Robert F. Cochran Jr.
Journal Articles
This essay examines the question of lawyer-client counseling on the issue of raising "technical" defenses, such as statutes of limitations. The authors challenge the prevailing notion of American lawyers that technical defenses raise no moral issue worthy of dialogue between lawyers and clients. Looking at the history of legal ethics and modern treatment in European law, they suggest that questions of limitations do raise moral issues. They go on to explore how those moral issues ought to be discussed and decided between lawyers and clients, using the framework of lawyers as godfathers, hired guns, gurus, and friends that they laid …
On Lawyers And Moral Discernment, Robert E. Rodes
On Lawyers And Moral Discernment, Robert E. Rodes
Journal Articles
Drawing on Jacques Maritain's doctrine of Knowledge through Connaturality, and on other authors including David Hume and Edmond Cahn, this article argues that judgments of right and wrong are arrived at primarily through immediate discernment, and only secondarily through the application of general principles. It is possible, therefore, for lawyers and clients to arrive at agreement on how to handle their cases, even though they do not agree on the general principles that apply.