Document Type

Working Paper

Publication Date

7-13-2009

SSRN Discipline

Legal Scholarship Network; Criminal Law & Procedure eJournals; Law School Research Papers - Legal Studies; LSN Subject Matter eJournals; Law School Research Papers - Public Law & Legal Theory; Constitutional Law, Jurisprudence & Legal Philosophy eJournals; Law Research Centers Papers

Abstract

Arguments for the importance of neuroscience reach across many disciplines Advocates of neuroscience have made wideranging claims for neuroscience in the realms of ethics value and law In law for example many scholars have argued for an increased role for neuroscientific evidence in the assessment of criminal responsibility In this article we take up claims for the explanatory role of neuroscience in matters of morals and law Drawing on our previous work together we assess the cogency of neuroscientific explanations of three issues that arise in these domains rule following interpretation and knowledge We critique these explanations and in general challenge claims as to the efficacy of the neuroscientific accounts

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