ABSTRACT
Advances in social psychology and neurosciences have forced legal theorists to face a dilemma. Legal theorists are finding their ‘intuitive sense of justice’ challenged, as it is confronted by the discovery of biological pathology and social factors external to the human individuals that may be associated with criminal and socially undesirable behavior. This is because, in most areas of the law, the concept of ‘intent’ often controls the outcome of disputes. In many criminal cases, except where liability is strict, the prosecution is required to establish not only that the defendant engaged in the proscribed behavior, but also that the misdeed in question was caused by mens rea, a ‘guilty mind’. In civil claims, such as the tort of battery or defamation, to establish the liability of the defendant, the plaintiff must show that the defendant had acted ‘intentionally’ …
Chang, James, The Psychologists are Coming! On Neuroscience and Psychology’s Role in Affecting Our View on Moral and Legal Culpability (June 1, 2010), Law and Policy Review, Volume 1, Issue 1, 2010.
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