干旱区生态环境知识资源中心(Arid): Neuroscience and Punishment: From Theory to Practice

Arid

DOI	10.1007/s12152-018-09394-0
	Neuroscience and Punishment: From Theory to Practice
	McCay, Allan; Kennett, Jeanette
通讯作者	McCay, A (corresponding author), Macquarie Univ, Res Ctr Agcy, Philosophy Dept, Values & Eth, Sydney, NSW 2109, Australia.
来源期刊	NEUROETHICS
ISSN	1874-5490
EISSN	1874-5504
出版年	2021
卷号	14 期号:SUPPL 3 页码:269-280
英文摘要	In a 2004 paper, Greene and Cohen predicted that neuroscience would revolutionise criminal justice by presenting a mechanistic view of human agency that would change people's intuitions about retributive punishment. According to their theory, this change in intuitions would in turn lead to the demise of retributivism within criminal justice systems. Their influential paper has been challenged, most notably by Morse, who has argued that it is unlikely that there will be major changes to criminal justice systems in response to neuroscience. In this paper we commence a tentative empirical enquiry into the claims of these theorists, focusing on Australian criminal justice. Our analysis of Australian cases is not supportive of claims about the demise of retributive justice, and instead suggests the possibility that neuroscience may be used by the courts to calibrate retributive desert. It is thus more consistent with the predictive claims of Morse than of Greene and Cohen. We also consider evidence derived from interviews with judges, and this leads us to consider the possibility of a backlash against evidence of brain impairment. Finally we note that change in penal aims may be occurring that is unrelated to developments in neuroscience.
英文关键词	Neuroscience Neurolaw Retribution Punishment Sentencing
类型	Article
语种	英语
收录类别	SCI-E ; SSCI
WOS记录号	WOS:000730550600002
WOS关键词	FREE WILL
WOS类目	Ethics ; Medical Ethics ; Social Sciences, Biomedical
WOS研究方向	Social Sciences - Other Topics ; Medical Ethics ; Biomedical Social Sciences
资源类型	期刊论文
条目标识符	http://119.78.100.177/qdio/handle/2XILL650/373985
作者单位	[McCay, Allan; Kennett, Jeanette] Macquarie Univ, Res Ctr Agcy, Philosophy Dept, Values & Eth, Sydney, NSW 2109, Australia
推荐引用方式 GB/T 7714	McCay, Allan,Kennett, Jeanette. Neuroscience and Punishment: From Theory to Practice[J],2021,14(SUPPL 3):269-280.
APA	McCay, Allan,&Kennett, Jeanette.(2021).Neuroscience and Punishment: From Theory to Practice.NEUROETHICS,14(SUPPL 3),269-280.
MLA	McCay, Allan,et al."Neuroscience and Punishment: From Theory to Practice".NEUROETHICS 14.SUPPL 3(2021):269-280.