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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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Law, Neuroscience, and Criminal Culpability

Law, Neuroscience, and Criminal Culpability

Chapter:
(p.141) 9 Law, Neuroscience, and Criminal Culpability
Source:
Law and Neuroscience
Author(s):

Lisa Claydon

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199599844.003.0009

This chapter examines the relationship between explanations of human behaviour drawn from neuroscientific imaging and the approach adopted by the criminal law to establishing the legal framework for evaluating guilt or innocence. It questions whether purely scientific approaches provide a sufficient understanding of what it means to be guilty or innocent of a crime. It considers what pictures of brain states may tell us about culpability and concludes by considering whether the present philosophical basis of the criminal law is sufficiently robust to withstand some claims that are being made about what neuroscience tells us about brain states.

Keywords:   human behaviour, neuroimaging, criminal law, guilt, innocence, criminal culpability

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