After an introduction to the general topics of neurolaw, this chapter will focus in particular on the concept of criminal responsibility. We will see that not the concept of causation, but knowledge and conscious control are central to this. This corresponds to a notion of minimal rationality of people. These criteria are then applied to the free will debate and frequently cited cases of brain damage in the nineteenth to twenty-first centuries. This analysis shows that the existing psycho-behavioral criteria are ideally supplemented by neuroscientific methods, but certainly cannot be replaced for the time being.

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The Brain and the Law

  • Stephan Schleim

摘要

After an introduction to the general topics of neurolaw, this chapter will focus in particular on the concept of criminal responsibility. We will see that not the concept of causation, but knowledge and conscious control are central to this. This corresponds to a notion of minimal rationality of people. These criteria are then applied to the free will debate and frequently cited cases of brain damage in the nineteenth to twenty-first centuries. This analysis shows that the existing psycho-behavioral criteria are ideally supplemented by neuroscientific methods, but certainly cannot be replaced for the time being.