Neurohype and the Law: A Cautionary Tale

In Casting Light on the Dark Side of Brain Imaging (Amir Raz & Robert Thibault eds, Elsevier 2019).

U of Penn Law School, Public Law Research Paper No. 18-30

6 Pages Posted: 6 Sep 2018 Last revised: 2 Feb 2020

See all articles by Stephen Morse

Stephen Morse

University of Pennsylvania Law School

Date Written: 2019

Abstract

This chapter suggests that for conceptual, empirical, and practical reasons, neuroscience in general and non-invasive brain imaging in particular are not likely to revolutionize the law and our conception of ourselves, but may make modest contributions to legal policy and case adjudication if the legal relevance of the science is properly understood.

Keywords: Criminal law, neuroscience, non-invasive brain imaging, Brain Overclaim Syndrome, language of mechanism v. folk psychology, determinism, responsibility. neurodeterminism, mental states, behavioral criteria of law, empirical problems, replication crisis

Suggested Citation

Morse, Stephen J., Neurohype and the Law: A Cautionary Tale (2019). In Casting Light on the Dark Side of Brain Imaging (Amir Raz & Robert Thibault eds, Elsevier 2019).; U of Penn Law School, Public Law Research Paper No. 18-30. Available at SSRN: https://ssrn.com/abstract=3245373

Stephen J. Morse (Contact Author)

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States

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