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Law and NeuroscienceCurrent Legal Issues Volume 13$
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Michael Freeman

Print publication date: 2011

Print ISBN-13: 9780199599844

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199599844.001.0001

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Evolutionary Jurisprudence: The End of the Naturalistic Fallacy and the Beginning of Natural Reform?

Evolutionary Jurisprudence: The End of the Naturalistic Fallacy and the Beginning of Natural Reform?

Chapter:
(p.483) 26 Evolutionary Jurisprudence: The End of the Naturalistic Fallacy and the Beginning of Natural Reform?
Source:
Law and Neuroscience
Author(s):

Morris B. Hoffman

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199599844.003.0026

This chapter begins by surveying the naturalistic fallacy's philosophical landscape and some of the scientific literature on the evolution of morality. It then proposes a set of principles that legal decision-makers might use to determine what to do, if anything, when our moral intuitions conflict with existing legal doctrine. It concludes by applying those principles to the felony murder rule, arguing that the broadest Anglo-American forms of that rule are dissonant with our intuitions of moral blameworthiness and should be abolished.

Keywords:   naturalistic fallacy, morality, moral intuitions, felony murder rule

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