The Moral Conflict Of Law And Neuroscience by Peter A. AlcesThe Moral Conflict Of Law And Neuroscience by Peter A. Alces

The Moral Conflict Of Law And Neuroscience

byPeter A. Alces

Paperback | January 18, 2018

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Law relies on a conception of human agency, the idea that humans are capable of making their own choices and are morally responsible for the consequences. But what if that is not the case? Over the past half century, the story of the law has been one of increased acuity concerning the human condition, especially the workings of the brain. The law already considers select cognitive realities in evaluating questions of agency and responsibility, such as age, sanity, and emotional distress. As new neuroscientific research comprehensively calls into question the very idea of free will, how should the law respond to this revised understanding?
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.
Peter A. Alces is the Rita Anne Rollins Professor of Law at the College of William and Mary and the author, most recently, of A Theory of Contract Law.
Title:The Moral Conflict Of Law And NeuroscienceFormat:PaperbackDimensions:368 pages, 9 × 6 × 0.9 inPublished:January 18, 2018Publisher:University of Chicago PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:022651353X

ISBN - 13:9780226513539

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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



Editorial Reviews

“A work of remarkable originality—provocative, challenging, and sweeping in scope. The book not only forges further into the criminal justice domain, with considerable originality and subtlety, it also extends into torts and contracts—areas almost entirely unexplored. Alces has a considerable command of these fields of law and likewise of the key neuroscientific accomplishments that bear on his analyses. In addition, he thinks clearly, logically, and with great penetrating insights. The book is bound to be a major landmark in the law and neuroscience landscape.”