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)

It has been claimed that the recent wave of neuroscientific research into the physiological underpinnings of our moral intuitions has normative implications. In particular, it has been claimed that this research discredits our deontological intuitions about cases, without discrediting our consequentialist intuitions about cases. In this paper I demur. I argue that such attempts to extract normative conclusions from neuroscientific research face a fundamental dilemma: either they focus on the emotional or evolved nature of the psychological processes underlying deontological intuitions, (...) in which case the arguments rely on a blatantly fallacious inference, or they appeal to the (alleged) moral irrelevance of the factors to which deontological intuitions respond, in which case the neuroscientific results end up playing no role in the overall argument. (shrink)

In the field of ?neurolaw?, reformists claim that recent scientific discoveries from the mind sciences have serious ramifications for how legal responsibility should be adjudicated, but conservatives deny that this is so. In contrast, I criticise both of these polar opposite positions by arguing that although scientific findings can have often-weighty normative significance, they lack the normative authority with which reformists often imbue them. After explaining why conservatives and reformists are both wrong, I then offer my own moderate suggestions about (...) what views we have reason to endorse. My moderate position reflects the familiar capacitarian idea which underlies much lay, legal, and philosophical thinking about responsibility ? namely, that responsibility tracks mental capacity. (shrink)

Neurolaw is a new, rapidly developing area of interdisciplinary research on the meaning and implications of neuroscience for the law and legal practices. In this article three recently published volumes in this field will be reviewed.