Jump to ContentJump to Main Navigation
Neurointerventions and the LawRegulating Human Mental Capacity$
Users without a subscription are not able to see the full content.

Nicole A Vincent, Thomas Nadelhoffer, and Allan McCay

Print publication date: 2020

Print ISBN-13: 9780190651145

Published to Oxford Scholarship Online: June 2020

DOI: 10.1093/oso/9780190651145.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 28 February 2021

Foundational Facts for Legal Responsibility

Foundational Facts for Legal Responsibility

Human Agency and the Aims of Restorative Neurointerventions

(p.319) 14 Foundational Facts for Legal Responsibility
Neurointerventions and the Law

Paul Sheldon Davies

Oxford University Press

The project of restorative neurointerventions has the ambitious aim of restoring specific competencies to some baseline. This includes the restoration of capacities integral to practical reasoning, and thus to various form of legal responsibility, that are deficient in some way. The goal is to restore such persons so they may legitimately be held legally responsible for future actions. The thesis of this chapter is that this project faces serious skepticism. This skepticism derives not from doubts that relevant capacities can be restored. It derives rather from the apparent fact that at least some of the capacities we intuitively take as integral to legal responsibility are capacities that human beings in general do not possess, including humans not afflicted by any statistically aberrant incapacity. This apparent fact—that humans in general do not possess capacities that are taken to be integral for responsibility—derives from the integration of findings in affective and cognitive neuroscience and in social psychology. If the proposed integration is correct, then the alleged foundational facts for legal responsibility fail to apply to organisms like us, and the project of neurorestoration cannot succeed unless the actual capacities (if any) that render us genuinely responsible are discovered.

Keywords:   restorative interventions, practical reasoning, moral competency, criminal responsibility, cognitive neuroscience, social psychology

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .