The Moral Conflict of Law and Neuroscience

Nonfiction, Religion & Spirituality, Philosophy, Ethics & Moral Philosophy, Reference & Language, Law, Science & Nature, Science
Cover of the book The Moral Conflict of Law and Neuroscience by Peter A. Alces, University of Chicago Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Peter A. Alces ISBN: 9780226513676
Publisher: University of Chicago Press Publication: January 24, 2018
Imprint: University of Chicago Press Language: English
Author: Peter A. Alces
ISBN: 9780226513676
Publisher: University of Chicago Press
Publication: January 24, 2018
Imprint: University of Chicago Press
Language: English

Law relies on a conception of human agency, the idea that humans are capable of making their own choices and are morally responsible for the consequences. But what if that is not the case? Over the past half century, the story of the law has been one of increased acuity concerning the human condition, especially the workings of the brain. The law already considers select cognitive realities in evaluating questions of agency and responsibility, such as age, sanity, and emotional distress. As new neuroscientific research comprehensively calls into question the very idea of free will, how should the law respond to this revised understanding?
           
Peter A. Alces considers where and how the law currently fails to appreciate the neuroscientific revelation that humans may in key ways lack normative free will—and therefore moral responsibility. The most accessible setting in which to consider the potential impact of neuroscience is criminal law, as certain aspects of criminal law already reveal the naiveté of most normative reasoning, such as the inconsistent treatment of people with equally disadvantageous cognitive deficits, whether congenital or acquired. But tort and contract law also assume a flawed conception of human agency and responsibility. Alces reveals the internal contradictions of extant legal doctrine and concludes by considering what would be involved in constructing novel legal regimes based on emerging neuroscientific insights.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Law relies on a conception of human agency, the idea that humans are capable of making their own choices and are morally responsible for the consequences. But what if that is not the case? Over the past half century, the story of the law has been one of increased acuity concerning the human condition, especially the workings of the brain. The law already considers select cognitive realities in evaluating questions of agency and responsibility, such as age, sanity, and emotional distress. As new neuroscientific research comprehensively calls into question the very idea of free will, how should the law respond to this revised understanding?
           
Peter A. Alces considers where and how the law currently fails to appreciate the neuroscientific revelation that humans may in key ways lack normative free will—and therefore moral responsibility. The most accessible setting in which to consider the potential impact of neuroscience is criminal law, as certain aspects of criminal law already reveal the naiveté of most normative reasoning, such as the inconsistent treatment of people with equally disadvantageous cognitive deficits, whether congenital or acquired. But tort and contract law also assume a flawed conception of human agency and responsibility. Alces reveals the internal contradictions of extant legal doctrine and concludes by considering what would be involved in constructing novel legal regimes based on emerging neuroscientific insights.

More books from University of Chicago Press

Cover of the book Islands of History by Peter A. Alces
Cover of the book Science in the Archives by Peter A. Alces
Cover of the book Strained Relations by Peter A. Alces
Cover of the book Protocols of Liberty by Peter A. Alces
Cover of the book How to Save a Constitutional Democracy by Peter A. Alces
Cover of the book Genesis and Development of a Scientific Fact by Peter A. Alces
Cover of the book Failing Law Schools by Peter A. Alces
Cover of the book The Nonsense of Kant and Lewis Carroll by Peter A. Alces
Cover of the book Unearthing the Nation by Peter A. Alces
Cover of the book Poor Tom by Peter A. Alces
Cover of the book Demos Assembled by Peter A. Alces
Cover of the book Disturbing Practices by Peter A. Alces
Cover of the book The Dancing Bees by Peter A. Alces
Cover of the book Bones, Clones, and Biomes by Peter A. Alces
Cover of the book Manufacturing Morals by Peter A. Alces
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy