The Moral Conflict of Law and Neuroscience
The Moral Conflict of Law and Neuroscience
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.
368 pages | 6 x 9 | © 2018
Cognitive Science: Neuroscience
Law and Legal Studies: General Legal Studies
Philosophy: Philosophy of Mind
Reviews
Table of Contents
Acknowledgments, Debts, and Admiration
Preface, Premises, and Progress of the Argument
Chapter 1. Contours of the Conflict
Chapter 2. Neuroscience and Criminal Law Doctrine
Chapter 3. Neuroscience and Criminal Law Theory
Chapter 4. Neuroscience and Tort Law Doctrine
Chapter 5. Neuroscience and Tort Law Theory
Chapter 6. Neuroscience and Contract Law Doctrine
Chapter 7. Neuroscience and Contract Law Theory
Chapter 8. An Age of Realization
Notes
Bibliography
Index
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