The Moral Conflict of Law and Neuroscience

By Peter A. Alces,

Book cover of The Moral Conflict of Law and Neuroscience

Book description

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…

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1 author picked The Moral Conflict of Law and Neuroscience as one of their favorite books. Why do they recommend it?

The lion’s share of commentary about the influence of neuroscience on our system of laws has focused on criminal law. What does it mean to punish people for actions that are really the product of biology rather than conscious choice? Alces grapples with what this means for criminal law and its concepts of moral responsibility and builds a thoughtful and compelling argument. But what I really liked was his equally sharp analysis of what this different conception of human agency means when it comes to tort and contract law—legal regimes that we are much more likely to confront in our…

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