This book seeks to reframe the normative narrative of the 'culpable person' in American criminal law through a more humanising lens. It embraces such a reframed narrative to revise the criteria of the current voluntarist architecture of culpability and to advance a paradigm of punishment that positions social rehabilitation as its core principle. The book constructs this narrative by considering behavioural and neuroscientific insights into the functions of emotions, and socio-environmental factors within moral behaviour in social settings. Hence, it suggests culpability notions that reflect a more contextualised view of human conduct, and argues that such revised notions are better suited to the principle of personal guilt. Furthermore, it suggests a model of 'punishment' that values the dynamic power of change of individuals, and acknowledges the importance of social relationships and positive environments to foster patterns of social (re)integration. Ultimately, this book argues that the potential adoption of the proposed models of culpability and punishment, which view people through a more comprehensive lens, may be a key factor for turning criminal justice into a less punitive, more inclusionary and non-stigmatising system.
This book seeks to reframe the normative narrative of the 'culpable person' in American criminal law through a more humanising lens. It embraces such a reframed narrative to revise the criteria of the current voluntarist architecture of culpability and to advance a paradigm of punishment that positions social rehabilitation as its core principle. The book constructs this narrative by considering behavioural and neuroscientific insights into the functions of emotions, and socio-environmental factors within moral behaviour in social settings. Hence, it suggests culpability notions that reflect a more contextualised view of human conduct, and argues that such revised notions are better suited to the principle of personal guilt. Furthermore, it suggests a model of 'punishment' that values the dynamic power of change of individuals, and acknowledges the importance of social relationships and positive environments to foster patterns of social (re)integration. Ultimately, this book argues that the potential adoption of the proposed models of culpability and punishment, which view people through a more comprehensive lens, may be a key factor for turning criminal justice into a less punitive, more inclusionary and non-stigmatising system.
The implications for law of new neuroscientific techniques and findings are now among the hottest topics in legal, academic, and media venues. Law and Neuroscience—a collaboration of professors in law, neuroscience, and biology—is the first and still only coursebook to chart this new territory, providing the world’s most comprehensive collection of neurolaw materials. This text will be of interest to many professors teaching Criminal Law and Torts courses, who would like to incorporate the most current thinking on how biology intersects with the law. New to the Second Edition: Extensively revised chapters, updated with new findings and materials. New chapter on Aging Brains Hundreds of new references and citations to recent developments. Over 600 new references and citations to recent developments, with 260 new readings, including 27 new case selections Highly current material; 45% of cases and publications in the Second Edition were published since the first edition in 2014 Professors and students will benefit from: Technical subjects explained in an accessible manner Extensive glossary of key terms Photos and illustrations enliven the text Professors of any background can teach this course
This collection presents a comparative perspective on interdisciplinary issues that fall under the emerging field of Neurolaw. The chapters embrace distinct procedural and evidential issues in the courtroom for vulnerable defendants, such as immature defendants, mentally disordered offenders and unfit-to-plead defendants, through a neuroscientific lens. This view is informed by worldwide analyses from legal academics, philosophers, and legal practitioners. The work brings together interdisciplinary and leading perspectives to discuss the use and relevancy of neuroscience at trial, and how the use of neuroscience is currently benefiting and impacting vulnerable defendants in global criminal trials. As such, the book builds upon and adds to the existing literature in this field by providing a comprehensive coverage of the intersection between these disciplines for vulnerable defendants in the courtroom. Key issues covered include: vulnerable defendants and the pre-trial process; the trial process; the use of neuroscience as expert evidence at trial; and vulnerable defendants, neuroscience and mitigation of sentence. Through original exploration presented by contributors from both academia and practice, the book will be of interest to academics, researchers and policy-makers working in the areas of Criminal Law and Procedure.
This book provides a comprehensive analysis of the current directions in social rehabilitation scholarship and research by bringing together the voices of legal scholars, criminal justice professionals, social scientists, and people directly impacted by criminal justice in a comparative, international, and interdisciplinary fashion. The volume offers a narrative of social rehabilitation in penal contexts through five main domains: theoretical-philosophical, legal-comparative, human rights, social scientific, lived experience, and policy. Collectively, the contributions provide a systematised examination of the normative facets of social rehabilitation and illustrate avenues for its implementation in criminal justice domains in the full respect of the rights of justice-involved individuals, casting a critical gaze on some the mainstream narratives dominating contemporary penal policy. The overarching legal approach is complemented by a selection of perspectives in social rehabilitation research emanating from social psychology, critical criminology, penology, and neuroscience. These perspectives inform and enrich the legal and jurisprudential debates on the qualification of social rehabilitation as a fundamental goal of justice across domestic and international legal systems. The book will be of value to academics, practitioners, advocates, and policymakers interested in current research dealing with the problem of punishment and the potential of social rehabilitation to more effectively deal with crime.
Philosophers, legal scholars, criminologists, psychiatrists, and psychologists have long asked important questions about punishment: What is its purpose? What theories help us better understand its nature? Is punishment just? Are there effective alternatives to punishment? How can empirical data from the sciences help us better understand punishment? What are the relationships between punishment and our biology, psychology, and social environment? How is punishment understood and administered differently in different societies? The Routledge Handbook of the Philosophy and Science of Punishment is the first major reference work to address these and other important questions in detail, offering 31 chapters from an international and interdisciplinary team of experts in a single, comprehensive volume. It covers the major theoretical approaches to punishment and its alternatives; emerging research from biology, psychology, and social neuroscience; and important special issues like the side-effects of punishment and solitary confinement, racism and stigmatization, the risk and protective factors for antisocial behavior, and victims' rights and needs. The Handbook is conveniently organized into four sections: I. Theories of Punishment and Contemporary Perspectives II. Philosophical Perspectives on Punishment III. Sciences, Prevention, and Punishment IV. Alternatives to Current Punishment Practices A volume introduction and a comprehensive index help make The Routledge Handbook of the Philosophy and Science of Punishment essential reading for upper-undergraduate and postgraduate students in disciplines such as philosophy, law, criminology, psychology, and forensic psychiatry, and highly relevant to a variety of other disciplines such as political and social sciences, behavioral and neurosciences, and global ethics. It is also an ideal resource for anyone interested in current theories, research, and programs dealing with the problem of punishment.
What happens in our brains to make us feel fear, love, hate, anger, joy? Do we control our emotions, or do they control us? Do animals have emotions? How can traumatic experiences in early childhood influence adult behavior, even though we have no conscious memory of them? In The Emotional Brain, Joseph LeDoux investigates the origins of human emotions and explains that many exist as part of complex neural systems that evolved to enable us to survive. One of the principal researchers profiled in Daniel Goleman's Emotional Intelligence, LeDoux is a leading authority in the field of neural science. In this provocative book, he explores the brain mechanisms underlying our emotions -- mechanisms that are only now being revealed.
Lawrie Reznek addresses these questions and more in his controversial investigation of the insanity defense in Evil or Ill? Drawing from countless intriguing case examples, he aims to understand the concept of an excuse, and explains why the law excuses certain actions and not others. In his easily accessible and elegant style, he explains that in law, there exists two excuses derived from Aristotle: the excuses of ignorance and compulsion. Reznek, however proposes a third excuse - the excuse of character change. In introducing this third excuse, Reznek raises a controversial possibility - the abolition of the insanity defence.
Discover how to reprogram your biology and thinking, and break the habit of being yourself so you can truly change your mind and life. Best-selling author, international speaker, chiropractor, and renowned researcher of epigenetics, quantum physics, and neuroscience, Dr. Joe Dispenza shares that you are not doomed by your genes and hardwired to be a certain way for the rest of your life. New science is emerging that empowers all human beings to create the reality they choose. In Breaking the Habit of Being Yourself, Dr. Joe Dispenza combines the fields of quantum physics, neuroscience, brain chemistry, biology, and genetics to show you what is truly possible and how to recondition the body and create better health. Not only will you be given the necessary knowledge to change your energy and any aspect of yourself, but you will be taught the step-by-step tools to apply what you learn in order to make measurable changes in any area of your life. Chapters include: Foreword by Daniel G. Amen, M.D. Introduction: The Greatest Habit You Can Ever Break Is the Habit of Being Yourself PART I: The Science of You The Quantum You Overcoming Your Environment Overcoming Your Body Overcoming Time Survival vs. Creation PART II: Your Brain and Meditation Three Brains: Thinking to Doing to Being The Gap Meditation, Demystifying the Mystical, and Waves of Your Future PART III: Stepping Toward Your New Destiny The Meditative Process: Introduction and Preparation Open the Door to Your Creative State Step 1: Induction Prune Away the Habit of Being Yourself (Week Two) Step 2: Recognizing Step 3: Admitting and Declaring Step 4: Surrendering Dismantle the Memory of the Old You (Week Three) Step 5: Observing and Reminding Step 6: Redirecting Create a New Mind for Your New Future (Week Four) Step 7: Creating and Rehearsing Demonstrating and Being Transparent: Living Your New Reality Dr. Joe demystifies consciousness and ancient understandings to bridge the gap between science and spirituality. Through his powerful healing workshops and lectures, thousands of people in 24 different countries have used these principles to change from the inside out. Once you break the habit of being yourself and truly change your mind, your life will never be the same! “In this book, I want to share some of what I learned along the way and show you, by exploring how mind and matter are interrelated, how you can apply these principles not only to your body, but to any aspect of your life.” — Dr. Joe Dispenza “Anyone who reads this book and applies the steps will benefit from their efforts. Its cutting-edge content is explained in a simple language that is accessible to anyone, and provides a user-friendly guide for sustained change from the inside out.” — Rollin McCraty, Ph.D., Director of Research, HeartMath Research Center
