Jump to ContentJump to Main Navigation
The Future of Punishment$
Users without a subscription are not able to see the full content.

Thomas A. Nadelhoffer

Print publication date: 2013

Print ISBN-13: 9780199779208

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199779208.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).date: 15 July 2018

Compatibilist Criminal Law *

Compatibilist Criminal Law *

(p.107) 5 Compatibilist Criminal Law*
The Future of Punishment

Stephen J. Morse

Oxford University Press

The thesis of this chapter is simple and straightforward. The criminal law is a thoroughly folk psychological enterprise that is completely consistent with the truth of determinism or universal causation. My goal is to demonstrate that it provides an accurate positive account of criminal law and that compatibilist criminal law is normatively desirable. The chapter begins with a brief account of desert–disease jurisprudence that explains under what conditions the state may constrain a person's liberty. The purpose is to situate in legal context the place of criminal justice as a means of social control. Next, the chapter offers an introduction to the criminal law's implicit psychology and view of the person that underpins desert–disease jurisprudence. Following that, the chapter offers a nutshell summary of foundational assumptions of criminal law and of criminal law doctrine. The next section demonstrates that the doctrines and practices we have are fully consistent with the truth of determinism. Then, the chapter turns to the external challenges to compatibilist criminal law and demonstrates why they do not succeed and would lead to normatively undesirable doctrines and practices. The final section addresses the normative desirability of compatibilist criminal law.

Keywords:   folk psychology, criminal law, compatibilism, desert, neuroscience

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .