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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Lord Denning: Life, Law and Legacy



  


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The Future of Punishment

Edited by: Thomas Nadelhoffer

ISBN13: 9780199779208
Published: May 2013
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Hardback
Price: £102.50



Despatched in 6 to 8 days.

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.

It also provides an introduction to some of the long-standing debates in action theory and the philosophy of law, which concern the justification of punishment more generally.

Subjects:
Jurisprudence, Other Jurisdictions , USA
Contents:
Introduction

DEFENDING RETRIBUTIVISM
1. Desert and the Justification of Punishment
2. Brute Retributivism

INCOMPATIBILISM AND RETRIBUTIVISM
3. Free Will Skepticism and Criminal Punishmen
4. Why Do We Resist Hard Incompatibilism? Thoughts on Freedom and Punishment

COMPATIBILISM AND RETRIBUTIVISM
5. Criminal Common Law Compatibilism
6. Neuroscience, Normativity, and Retributivism
7. Cognitive Neuroscience, Moral Responsibility, and Punishment

PUNISHMENT AND FOLK INTUITIONS
8. Free Will, Science, and Punishment
9. The Mind, the Brain, and the Law
10. Moralistic Punishment as a Crude Social Insurance Plan

THE SCOPE OF JUSTIFIED PUNISHMENT
11. Punishing the Addict: Reflections on Gene Heyman
12. Free Will, Responsibility, and the Punishment of Criminals