Neuroethics and Criminal Responsibility – A Criminal Law Comment on Neil Levy's Consciousness and Moral Responsibility

Anatomy of Crime - Journal of Law and Crime Sciences, 3, 2016, Forthcoming

6 Pages Posted: 14 Jun 2016  

Helena Morão

University of Lisbon - School of Law

Date Written: November 5, 2015

Abstract

This comment focuses on the implications of mind sciences research and of neuroethical thought for a desert-based theory of penal liability, particularly in the criminal law’s voluntary act requirement. Based on an analysis of Neil Levy’s Consciousness and Moral Responsibility, and taking into account the example of sleepwalking, we argue a criminal (ir)responsibility solution for the problem case of somnambulist behaviour in line with the normative constitutional principles of equality, proportionality, guilt and harm.

Keywords: neuroethics, consciousness, somnambulism, voluntary act requirement, criminal responsibility

Suggested Citation

Morão, Helena, Neuroethics and Criminal Responsibility – A Criminal Law Comment on Neil Levy's Consciousness and Moral Responsibility (November 5, 2015). Anatomy of Crime - Journal of Law and Crime Sciences, 3, 2016, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2794880

Helena Morão (Contact Author)

University of Lisbon - School of Law ( email )

Alameda da Universidade, Cidade Universitária
Lisboa, 1649-014
Portugal

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