Corpus ID: 147694744

Law and the Sciences of the Brain/Mind

@article{Morse2016LawAT,
  title={Law and the Sciences of the Brain/Mind},
  author={Stephen J. Morse},
  journal={CJRN: Criminal Mind \& Behavior (Topic)},
  year={2016}
}
  • S. Morse
  • Published 2016
  • Psychology
  • CJRN: Criminal Mind & Behavior (Topic)
This chapter is a submission to the Oxford Handbook of Law and the Regulation of Technology edited by Roger Brownsword. It considers whether the new sciences of the brain/mind, especially neuroscience and behavioral genetics, are likely to transform the law’s traditional concepts of the person, agency and responsibility. The chapter begins with a brief speculation about why so many people think these sciences will transform the law. After reviewing the law’s concepts, misguided challenges to… Expand
View on SSRN
scholarship.law.upenn.edu
1 Citations

One Citation

Citation Type

Citation Type

Behavioral Addictions and Criminal Responsibility.
  • Austin W Blum, J. Grant
  • Psychology, Medicine
  • The journal of the American Academy of Psychiatry and the Law
  • 2017
TLDR
It is discussed how the legal system has approached two behavioral addictions, gambling disorder and kleptomania, during criminal trials and at sentencing, and an approach to the adjudication of behavioral addiction-related criminal behavior is summarized. Expand

References

SHOWING 1-10 OF 51 REFERENCES
For the law, neuroscience changes nothing and everything.
TLDR
It is argued that neuroscience will probably have a transformative effect on the law, despite the fact that existing legal doctrine can, in principle, accommodate whatever neuroscience will tell us. Expand
Determinism and the Death of Folk Psychology: Two Challenges to Responsibility from Neuroscience
Free will and human agency are considered foundational for ascriptions of criminal responsibility in Anglo-American jurisprudence. As United States Supreme Court Justice Oliver Wendell Holmes… Expand
Mistreating Psychology in the Decades of the Brain
  • G. A. Miller
  • Psychology, Medicine
  • Perspectives on psychological science : a journal of the Association for Psychological Science
  • 2010
TLDR
This article explores three contentions: that the dominant discourse in modern cognitive, affective, and clinical neuroscience assumes that the authors know how psychology/biology causation works when they do not, and that crucial scientific and clinical progress will be stymied as long as psychology, biology, and their relationship are frame in currently dominant ways. Expand
Consciousness, free will, and the unimportance of determinism
This article begins with some brief reflexions on the definition of determinism (II), on the notion of the subject of experience (III), and on the relation between conscious experience and brain… Expand
Psychosemantics: The Problem of Meaning in the Philosophy of Mind
Psychosemantics explores the relation between commonsense psychological theories and problems that are central to semantics and the philosophy of language. Building on and extending Fodor's earlier… Expand
Brain Overclaim Syndrome and Criminal Responsibility: A Diagnostic Note
This brief diagnostic note identifies a cognitive pathology, Brain Overclaim Syndrome [BOS], that often afflicts those inflamed by the fascinating new discoveries in the neurosciences. It begins by… Expand
The neural antecedents to voluntary action: Response to commentaries
TLDR
Though conceptual in form, this analysis is sharply empirical in its conclusions, revealing what have long been thought to be momentous experimental observations—such as the readiness potential—as the outcome of previously unidentified confounds that rob them of significance. Expand
In Defense of the Use of Commonsense Psychology in the Criminal Law
The criminal law depends upon 'commonsense' or 'folk' psychology, a seemingly innate theory used by all normal human beings as a means to understand and predict other humans' behavior. This paper… Expand
The Problem of Meaning in the Philosophy of Mind
This kind of systematic analysis is needed both from a theoretical as well as an applied perspective. New Techno1og.y and H u m a n Error is one of the few books available that covers many of the… Expand
Nowhere and Everywhere: The Causal Origin of Voluntary Action
The idea that intentions make the difference between voluntary and non-voluntary behaviors is simple and intuitive. At the same time, we lack an understanding of how voluntary actions actually come… Expand
...
1
2
3
4
5
...