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Full-Text Articles in Philosophy of Mind

Moore On The Mind, Stephen J. Morse Dec 2015

Moore On The Mind, Stephen J. Morse

Faculty Scholarship at Penn Law

In revised form, this chapter will be published in a volume, Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S. Moore, a festschrift for Michael Moore edited by Professor Kimberly Ferzan and me for Oxford University Press. The chapter first addresses a particular approach to foundational metaphysical issues in the philosophy of mind, action and responsibility that I term “Spockian solutions,” which are home remedies modeled on those found in the baby and child care book of famed pediatrician, the late Dr. Benjamin Spock. It then engages with Moore’s work on a variety of topics concerning action and ...


Criminal Law And Common Sense: An Essay On The Perils And Promise Of Neuroscience, Stephen J. Morse Dec 2015

Criminal Law And Common Sense: An Essay On The Perils And Promise Of Neuroscience, Stephen J. Morse

Faculty Scholarship at Penn Law

No abstract provided.


Is It Ethical To Hold A Person Culpable For His Actions If He Cannot Recognize Right And Wrong, Tabitha E.H. Moses Apr 2015

Is It Ethical To Hold A Person Culpable For His Actions If He Cannot Recognize Right And Wrong, Tabitha E.H. Moses

Student Works

The field of neuroscience has opened up a proverbial can of worms when it comes to questions of free will and culpability. The more we know about the mind the more it appears that no one has any real choice in their actions. The ethical implications of this assumption are astronomical. Guilt and culpability come into question; it would seem unjust to punish a person for a crime if he had no choice but to commit it. While these are interesting questions for an ethicist they are impractical for society as they might affect how society functions. As such, the ...


Neuroscience, Free Will, And Criminal Responsibility, Stephen J. Morse Jan 2015

Neuroscience, Free Will, And Criminal Responsibility, Stephen J. Morse

Faculty Scholarship at Penn Law

This chapter argues that the folk-psychological model of the person and responsibility is not challenged by determinism in general or by neurodeterminism in particular. Until science conclusively demonstrates that human beings cannot be guided by reasons and that mental states play no role in explaining behavior, the folk-psychological model of responsibility is justified. This chapter discusses the motivations to turn to science to solve the hard normative problems the law addresses, as well as the law's psychology and its concepts of the person and responsibility. Then it considers the general relation of neuroscience to law, which I characterize as ...