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Perspectives on Neuroscience
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Neurolaw: Challenges and limits.

Stephen J Morse1

  • 1Law School and Department of Psychiatry, University of Pennsylvania, Philadelphia, PA, United States.

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PubMed
Summary

Behavioral neuroscience currently has limited relevance to criminal law, particularly concerning responsibility and competence. Future scientific advancements may increase its legal applicability.

Keywords:
ActionAgencyBehavioral neuroscienceCriminal responsibility and competenceEpiphenomenalismFree will and determinismLegal relevanceMens rea

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Area of Science:

  • Neuroscience and Law
  • Behavioral Neuroscience
  • Legal Psychology

Background:

  • Legal doctrines of criminal responsibility and competence are examined.
  • The chapter addresses inflated claims regarding neuroscience's legal relevance.
  • The scientific standing of behavioral neuroscience is discussed.

Conclusions:

  • Behavioral neuroscience's current legal relevance is modest.
  • Radical challenges to criminal responsibility from neuroscience are not yet fully realized.
  • Future scientific progress may enhance the legal utility of neuroscience.