« Could marijuana reforms end up making our roadways much safer? | Main | Even with reductions in prison populations and end of pot prohibition, crime rates continue historic decline in 2013 »

February 19, 2014

"Will There Be a Neurolaw Revolution?"

The question in the title of this post is the title of this new paper by Adam Kolber now available via SSRN. Here is the abstract:

The central debate in the field of neurolaw has focused on two claims.  Joshua Greene and Jonathan Cohen argue that we do not have free will and that advances in neuroscience will eventually lead us to stop blaming people for their actions.  Stephen Morse, by contrast, argues that we have free will and that the kind of advances Greene and Cohen envision will not and should not affect the law.  I argue that neither side has persuasively made the case for or against a revolution in the way the law treats responsibility.

There will, however, be a neurolaw revolution of a different sort.  It will not necessarily arise from radical changes in our beliefs about criminal responsibility but from a wave of new brain technologies that will change society and the law in many ways, three of which I describe here: First, as new methods of brain imaging improve our ability to measure distress, the law will ease limitations on recoveries for emotional injuries.  Second, as neuroimaging gives us better methods of inferring people‚Äôs thoughts, we will have more laws to protect thought privacy but less actual thought privacy.  Finally, improvements in artificial intelligence will systematically change how law is written and interpreted.

February 19, 2014 at 07:04 AM | Permalink

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83451574769e201a511705ed4970c

Listed below are links to weblogs that reference "Will There Be a Neurolaw Revolution?":

Comments

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB