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}
}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…
One Citation
Behavioral Addictions and Criminal Responsibility.
- Psychology, LawThe journal of the American Academy of Psychiatry and the Law
- 2017
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.
References
SHOWING 1-10 OF 50 REFERENCES
For the law, neuroscience changes nothing and everything.
- Philosophy, BiologyPhilosophical transactions of the Royal Society of London. Series B, Biological sciences
- 2004
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.
Mistreating Psychology in the Decades of the Brain
- PsychologyPerspectives on psychological science : a journal of the Association for Psychological Science
- 2010
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.
Consciousness, free will, and the unimportance of determinism
- Philosophy
- 1989
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…
Psychosemantics: The Problem of Meaning in the Philosophy of Mind
- Psychology, Philosophy
- 1987
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…
Brain Overclaim Syndrome and Criminal Responsibility: A Diagnostic Note
- Psychology
- 2006
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…
The neural antecedents to voluntary action: Response to commentaries
- PsychologyCognitive neuroscience
- 2015
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.
In Defense of the Use of Commonsense Psychology in the Criminal Law
- Psychology
- 2006
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…
The Problem of Meaning in the Philosophy of Mind
- Education
- 2008
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…
LAW, MORALITY, AND THE GUIDANCE OF CONDUCT
- LawLegal Theory
- 2000
Legal positivism is generally characterized by its commitment to two theses —one negative, the other positive.See, e.g., Jules Coleman, Negative and Positive Positivism, J. LEGAL STUD. 139 (1982),…