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
Date Written: November 5, 2015
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
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