Good Night and Good Luck - In Search of a Neuroscience Challenge to Criminal Justice

Utilitas 30 (1):1-31 (2018)

Abstract

This article clarifies what a neuroscience challenge to criminal justice must look like by sketching the basic structure of the argument, gradually filling out the details and illustrating the conditions that must be met for the challenge to work. In the process of doing so it explores influential work by Joshua Greene and Jonathan Cohen, and Stephen Morse respectively, arguing that the former should not be understood to present a version of the challenge, and that the latter's argument against the challenge is unpersuasive. This analysis allows the article to flesh out the challenge, and demonstrate why it is currently non-completeable. However, the paper argues that contrary to what is often assumed the burden of proof falls on the defenders of criminal justice, and that they will find meeting it a monumental task.

Download options

PhilArchive



    Upload a copy of this work     Papers currently archived: 72,722

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Analytics

Added to PP
2017-02-06

Downloads
50 (#230,691)

6 months
2 (#258,871)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Frej Thomsen
Danish Dataethical Council

Citations of this work

No citations found.

Add more citations

Similar books and articles

Why Should We Care What the Public Thinks? A Critical Assessment of the Claims of Popular Punishment.Frej Klem Thomsen - 2014 - In Jesper Ryberg & Julian Roberts (eds.), Popular Punishment. Oxford University Press. pp. 119-145.
Neuroscience and Criminal Justice: Introduction.Jesper Ryberg - 2014 - The Journal of Ethics 18 (2):77-80.
Corrective Justice and Reputation.Geoffrey Scarre - 2006 - Journal of Moral Philosophy 3 (3):305-319.
Not Just Deserts: A Republican Theory of Criminal Justice.Nicola Lacey - 1991 - Philosophical Quarterly 41 (164):374.
Equality, Responsibility, and the Law.Arthur Ripstein - 1998 - Cambridge University Press.
Punishment and the Spirit of Democracy.George Kateb - 2007 - Social Research: An International Quarterly 74 (2):269-306.
The Political Logic of Victim Impact Statements.Brian Rosebury - 2011 - Criminal Justice Ethics 30 (1):39-67.