For the Law, Neuroscience Changes Nothing and Everything

DSpace/Manakin Repository

For the Law, Neuroscience Changes Nothing and Everything

Citable link to this page

. . . . . .

Title: For the Law, Neuroscience Changes Nothing and Everything
Author: Cohen, Jonathan D.; Greene, Joshua

Note: Order does not necessarily reflect citation order of authors.

Citation: Greene, Joshua, and Jonathan D. Cohen. 2004. For the law, neuroscience changes nothing and everything. Philosophical Transactions of the Royal Society of London Series B-Biological Sciences 359(1451): 1775-1785.
Access Status: At the direction of the depositing author this work is not currently accessible through DASH.
Full Text & Related Files:
Abstract: The rapidly growing field of cognitive neuroscience holds the promise of explaining the operations of the mind in terms of the physical operations of the brain. Some suggest that our emerging understanding of the physical causes of human (mis)behaviour will have a transformative effect on the law. Others argue that new neuroscience will provide only new details and that existing legal doctrine can accommodate whatever new information neuroscience will provide. We argue 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. New neuroscience will change the law, not by undermining its current assumptions, but by transforming people's moral intuitions about free will and responsibility. This change in moral outlook will result not from the discovery of crucial new facts or clever new arguments, but from a new appreciation of old arguments, bolstered by vivid new illustrations provided by cognitive neuroscience. We foresee, and recommend, a shift away from punishment aimed at retribution in favour of a more progressive, consequentialist approach to the criminal law.
Published Version: http://dx.doi.org/10.1098/rstb.2004.1546
Other Sources: http://www.wjh.harvard.edu/~jgreene/
Citable link to this page: http://nrs.harvard.edu/urn-3:HUL.InstRepos:3124124

Show full Dublin Core record

This item appears in the following Collection(s)

  • FAS Scholarly Articles [6463]
    Peer reviewed scholarly articles from the Faculty of Arts and Sciences of Harvard University
 
 

Search DASH


Advanced Search
 
 

Submitters