Philosophical compatibilism reconciles moral responsibility with determinism, and some neurolaw scholars think that it can also reconcile legal views about responsibility with scientific findings about the neurophysiological basis of human action. Although I too am a compatibilist, this paper argues that philosophical compatibilism cannot be transplanted “as-is” from philosophy into law. Rather, before compatibilism can be re-deployed, it must first be modified to take account of differences between legal and moral responsibility, and between a scientific and a deterministic world view, (...) and to address a range of conceptual, normative, empirical and doctrinal problems that orbit its capacitarian core. (shrink)

Behavioral genetics has as its goal the discovery of genes that play a significant causal role in complex phenotypes that are socially relevant such a parenting, aggression, psychiatric disorders, intelligence, and even race. In this article, I present the stories of the discoveries of three such important phenotypes: maternal nurturing behavior and the c-fosB gene; intelligence and phenylketonuria ; and pair-bonding and monogamy and show that the reality is considerably more complex than often portrayed. These accounts also lay bare some (...) fundamental misconceptions of this field in which genes hold a privileged place and inherently subjective phenomena are mistakenly objectified. (shrink)

This issue of Criminal Law and Philosophy contains three papers on a topic of increasing importance within the field of "neurolaw"-namely, the implications for criminal law of direct brain intervention based mind altering techniques. To locate these papers' topic within a broader context, I begin with an overview of some prominent topics in the field of neurolaw, where possible providing some references to relevant literature. The specific questions asked by the three authors, as well as their answers and central claims, (...) are then sketched out, and I end with a brief comment to explain why this particular topic can be expected to gain more prominence in coming years. (shrink)