{"title":"Oxford Series In Neuroscience Law And Philosophy","description":"\u003cp\u003eDelve into the intersection of mind, justice, and thought with the Oxford Series in Neuroscience, Law, and Philosophy. Explore how our understanding of the brain shapes legal and ethical landscapes. Browse the collection.\u003c\/p\u003e","products":[{"product_id":"future-of-punishment-book-thomas-a-nadelhoffer-9780199779208","title":"The Future of Punishment","description":"Scholars are struggling to come to grips with the picture of human agency being pieced together by researchers in the biosciences. This volume aims at providing philosophers, neuroscientists, psychologists, and legal theorists with an opportunity to examine the cluster of related issues that will need to be addressed in light of these developments. Each of the twelve essays collected here sheds light on an issue essential to the future of punishment and retribution. In addition to exploring the sorts of issues traditionally discussed when it comes to free will and punishment, the volume also contains several chapters on the relevance (or lack thereof) of advances in the biosciences to our conceptions of agency and responsibility.   While some contributors defend the philosophical status quo, others advocate no less than a total revaluation of our fundamental beliefs about moral and legal responsibility. This volume exposes the reader to cutting-edge research on the thorny relationship between traditional theories of agency and responsibility and recent and future scientific advances pertaining to these topics. 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The broad range of topics covered in these chapters reflects neurolaw's growing social import, and its rapid expansion as an academic field of inquiry. Some authors investigate the criminal justice system's use of neurointerventions to make accused defendants fit for trial, to help reform convicted offenders, or to make condemned inmates sane enough for execution, while others interrogate the use, regulation, and social impact of cognitive enhancement medications and devices. Issues raised by neurointervention-based gay conversion \"therapy\", efficacy and safety of specific neurointervention methods, legitimacy of their use and regulation, and their implications for authenticity, identity, and responsibility are among the other topics investigated. Dwelling on neurointerventions also highlights tacit assumptions about human nature that have important implications for jurisprudence. For all we know, at present such things as people's capacity to feel pain, their sexuality, and the dictates of their conscience, are unalterable. But neurointerventions could hypothetically turn such constants into variables. The increasing malleability of human nature means that analytic jurisprudential claims (true in virtue of meanings of jurisprudential concepts) must be distinguished from synthetic jurisprudential claims (contingent on what humans are actually like). 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Some scientists have suggested recently that these predictions can become more accurate and useful if they are based in part on biological information, such as brain structure and function, genes, and hormones. The prospect of such bioprediction, however, raises serious concerns about errors and injustice. Can biological information significantly increase the accuracy of predictions of bad behavior? Will innocent or harmless people be mistakenly treated as if they were guilty or dangerous? Is it fair to keep people in prisons or mental institutions longer because of their biology? Will these new instruments of bioprediction be abused in practice within current institutions? Is bioprediction worth the cost? Do we want our government to use biology in this way? All of these scientific, legal, and ethical questions are discussed in this volume. The contributors are prominent neuroscientists, psychologists, sociologists, philosophers, ethicists, and legal scholars. 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This volume chronicles the latest science of psychopathy and the various ways the condition intersects with the criminal justice system. 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Recent findings from these fields are sometimes claimed to threaten the moral foundations of legal responsibility practices by revealing that determinism, or something like it, is true. On this account legal responsibility practices should be abolished because there is no room for such outmoded fictions as responsibility in an enlightened and scientifically-informed approach to the regulation of society.  However, the chapters in this volume reject this claim and its related agenda of radical legal reform. Embracing instead a broadly compatibilist approach - one according to which responsibility hinges on psychological features of agents not on metaphysical features of the universe - this volume's authors demonstrate that the behavioral and mind sciences may impact legal responsibility practices in a range of different ways, for instance: by providing fresh insight into the nature of normal and pathological human agency, by offering updated medical and legal criteria for forensic practitioners as well as powerful new diagnostic and intervention tools and techniques with which to appraise and to alter minds, and by raising novel regulatory challenges.  Science and law have been locked in a philosophical dialogue on the nature of human agency ever since the 13th century when a mental element was added to the criteria for legal responsibility. 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