- Title Pages
- Preface
- List of Contributors
-
1 Introduction: Law and the Brain -
2 What Neuroscience Can (and Cannot) Tell Us about Criminal Responsibility -
3 Mens Rea, Logic, and the Brain -
4 Indeterminism and Control: An Approach to the Problem of Luck -
5 Neuroscience and Criminal Responsibility: Proving ‘Can't Help Himself’ as a Narrow Bar to Criminal Liability -
6 Madness, Badness, and Neuroimaging-Based Responsibility Assessments -
7 Brain Images as Evidence in the Criminal Law -
8 The Neural Correlates of Third-Party Punishment -
9 Law, Neuroscience, and Criminal Culpability -
10 How (Some) Criminals Are Made -
11 Neuroscience and Penal Law: Ineffectiveness of the Penal Systems and Flawed Perception of the Under‐Evaluation of Behaviour Constituting Crime. The Particular Case of Crimes Regarding Intangible Goods -
12 Neuroscience and Emotional Harm in Tort Law: Rethinking the American Approach to Free-Standing Emotional Distress Claims -
13 Neuroscience and Ideology: Why Science Can Never Supply a Complete Answer for Adolescent Immaturity -
14 Adolescent Brain Science and Juvenile Justice -
15 The Neuroscience of Cruelty as Brain Damage: Legal Framings of Capacity and Ethical Issues in the Neurorehabilitation of Motor Neurone Disease and Behavioural Variant Frontotemporal Dementia -
16 The Carmentis Machine: Legal and Ethical Issues in the Use of Neuroimaging to Guide Treatment Withdrawal in Newborn Infants -
17 The Right to Silence Protects Mental Control* -
18 Minds Apart: Severe Brain Injury, Citizenship, and Civil Rights -
19 Reciprocity Reciprocity and Neuroscience in Public Health Law -
20 Pathways to Persuasion: How Neuroscience Can Inform the Study and Practice of Law† -
21 The Juridical Role of Emotions in the Decisional Process of Popular Juries -
22 Possible Legal Implications of Neural Mechanisms Underlying Ethical Behaviour -
23 What Hobbes Left Out: The Neuroscience of Compassion and its Implications for a New Common-wealth -
24 Neuroscience and the Free Exercise of Religion -
25 Steps toward a Constructivist and Coherentist Theory of Judicial Reasoning in Civil Law Tradition* -
26 Evolutionary Jurisprudence: The End of the Naturalistic Fallacy and the Beginning of Natural Reform? -
27 The History of Scientific and Clinical Images in Mid-to-Late Nineteenth-Century American Legal Culture: Implications for Contemporary Law and Neuroscience -
28 Lost in Translation? An Essay on Law and Neuroscience - Index of Names
- Index of Subjects
Law, Neuroscience, and Criminal Culpability
Law, Neuroscience, and Criminal Culpability
- Chapter:
- (p.141) 9 Law, Neuroscience, and Criminal Culpability
- Source:
- Law and Neuroscience
- Author(s):
Lisa Claydon
- Publisher:
- Oxford University Press
This chapter examines the relationship between explanations of human behaviour drawn from neuroscientific imaging and the approach adopted by the criminal law to establishing the legal framework for evaluating guilt or innocence. It questions whether purely scientific approaches provide a sufficient understanding of what it means to be guilty or innocent of a crime. It considers what pictures of brain states may tell us about culpability and concludes by considering whether the present philosophical basis of the criminal law is sufficiently robust to withstand some claims that are being made about what neuroscience tells us about brain states.
Keywords: human behaviour, neuroimaging, criminal law, guilt, innocence, criminal culpability
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- Title Pages
- Preface
- List of Contributors
-
1 Introduction: Law and the Brain -
2 What Neuroscience Can (and Cannot) Tell Us about Criminal Responsibility -
3 Mens Rea, Logic, and the Brain -
4 Indeterminism and Control: An Approach to the Problem of Luck -
5 Neuroscience and Criminal Responsibility: Proving ‘Can't Help Himself’ as a Narrow Bar to Criminal Liability -
6 Madness, Badness, and Neuroimaging-Based Responsibility Assessments -
7 Brain Images as Evidence in the Criminal Law -
8 The Neural Correlates of Third-Party Punishment -
9 Law, Neuroscience, and Criminal Culpability -
10 How (Some) Criminals Are Made -
11 Neuroscience and Penal Law: Ineffectiveness of the Penal Systems and Flawed Perception of the Under‐Evaluation of Behaviour Constituting Crime. The Particular Case of Crimes Regarding Intangible Goods -
12 Neuroscience and Emotional Harm in Tort Law: Rethinking the American Approach to Free-Standing Emotional Distress Claims -
13 Neuroscience and Ideology: Why Science Can Never Supply a Complete Answer for Adolescent Immaturity -
14 Adolescent Brain Science and Juvenile Justice -
15 The Neuroscience of Cruelty as Brain Damage: Legal Framings of Capacity and Ethical Issues in the Neurorehabilitation of Motor Neurone Disease and Behavioural Variant Frontotemporal Dementia -
16 The Carmentis Machine: Legal and Ethical Issues in the Use of Neuroimaging to Guide Treatment Withdrawal in Newborn Infants -
17 The Right to Silence Protects Mental Control* -
18 Minds Apart: Severe Brain Injury, Citizenship, and Civil Rights -
19 Reciprocity Reciprocity and Neuroscience in Public Health Law -
20 Pathways to Persuasion: How Neuroscience Can Inform the Study and Practice of Law† -
21 The Juridical Role of Emotions in the Decisional Process of Popular Juries -
22 Possible Legal Implications of Neural Mechanisms Underlying Ethical Behaviour -
23 What Hobbes Left Out: The Neuroscience of Compassion and its Implications for a New Common-wealth -
24 Neuroscience and the Free Exercise of Religion -
25 Steps toward a Constructivist and Coherentist Theory of Judicial Reasoning in Civil Law Tradition* -
26 Evolutionary Jurisprudence: The End of the Naturalistic Fallacy and the Beginning of Natural Reform? -
27 The History of Scientific and Clinical Images in Mid-to-Late Nineteenth-Century American Legal Culture: Implications for Contemporary Law and Neuroscience -
28 Lost in Translation? An Essay on Law and Neuroscience - Index of Names
- Index of Subjects
