Fausto Caruana

Two Problems With the Employment of Neuroscience in Jurisprudence

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Abstract

The development of the neural sciences rises questions that are particularly interesting for jurors and lawyers. However, it is not clear to which extent it is favourable that lawyers take into account neuroscientific discoveries. Here I rose two problems concerning the possible wedding between neuroscience and jurisprudence. The first problem is related to neuroscientific insights linking the neural basis of the voluntary action to the problem of retributivism. The second problem concerns the risks related to the treatment of neuroscience data by people that are non experts in neuroscience, as jurors and lawyers are.

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