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Full-Text Articles in Law
Rejustifying Retributive Punishment On Utilitarian Grounds In Light Of Neuroscientific Discoveries More Than Philosophical Calisthenics! , Robert B. Mccaleb
Rejustifying Retributive Punishment On Utilitarian Grounds In Light Of Neuroscientific Discoveries More Than Philosophical Calisthenics! , Robert B. Mccaleb
Cleveland State Law Review
Each of these unique features [of the Rotten Social Background (RSB) defense] is skeptically received by the classical criminal law mainly because of its fundamentally non-scientific, folk-psychological position on free will. However, discoveries in contemporary neuroscience strongly support each of these features. While chemical, causal, and deterministic brain events indisputably play a central role, RSB is virtually ignored as a frightening intrusion by materialism into the dualist sanctuary of the law. Yet RSB, as an indicator species for the health of the criminal law’s philosophic ecosystem, cannot be discounted out of hand any longer. In fact, the reconciliation of law …
A Chilling Of Discourse, David R. Barnhizer
A Chilling Of Discourse, David R. Barnhizer
Law Faculty Articles and Essays
I argue that the key consequence of the collectives of multicultural, postmodernists, radical feminists, critical race activists, sexuality advocates and others working for radical change is not only the politicization of knowledge in what is after all a realm of politics we call law, but the incoherence of knowledge and the loss of the quality and integrity of our pursuit of knowledge through scholarship. One result is that much of the scholarship and teaching found in the humane and political or noncumulative disciplines such as law are forms of self-interested propaganda in which honesty is muted or excluded and truth-seeking …