Criminal Law

The Future of Punishment

By Thomas A. Nadelhoffer
Oxford University Press USA May 2013

Specifications

ISBN-13
9780199779208
Publisher
Oxford University Press USA
Publication
May 2013
Format
Hardback , 320 pages
Jurisdiction
U.S. ? Countri(es) for reference only

Details

  • The present volume brings together some of the leading researchers in philosophy, psychology, and the law to discuss the future of punishment and retribution in a thoroughly interdisciplinary way.

Scholars are struggling to come to grips with the picture of human agency being pieced together by researchers in the biosciences. This volume aims at providing philosophers, neuroscientists, psychologists, and legal theorists with an opportunity to examine the cluster of related issues that will need to be addressed in light of these developments. Each of the twelve essays collected here sheds light on an issue essential to the future of punishment and retribution. In addition to exploring the sorts of issues traditionally discussed when it comes to free will and punishment, the volume also contains several chapters on the relevance (or lack thereof) of advances in the biosciences to our conceptions of agency and responsibility. 

While some contributors defend the philosophical status quo, others advocate no less than a total revaluation of our fundamental beliefs about moral and legal responsibility. This volume exposes the reader to cutting-edge research on the thorny relationship between traditional theories of agency and responsibility and recent and future scientific advances pertaining to these topics. It also provides an introduction to some of the long-standing debates in action theory and the philosophy of law, which concern the justification of punishment more generally.

Readership: Philosophers and Legal Theorists

Table of Contents

Thomas A. Nadelhoffer: Introduction
Defending Retributivism
1.: John Martin Fischer: Desert and the Justification of Punishment
2.: Shaun Nichols: Brute Retributivism
Incompatibilism and Retributivism
3.: Derk Pereboom: Free Will Skepticism and Criminal Punishmen
4.: Michael Corrado: Why Do We Resist Hard Incompatibilism? Thoughts on Freedom and Punishment
Compatibilism and Retributivism
5.: Stephen Morse: Criminal Common Law Compatibilism
6.: Pardo & Patterson: Neuroscience, Normativity, and Retributivism
7.: Nancey Murphy: Cognitive Neuroscience, Moral Responsibility, and Punishment
Punishment and Folk Intuitions
8.: Alfred Mele: Free Will, Science, and Punishment
9.: Nadelhoffer et al: The Mind, the Brain, and the Law
10.: Aharoni & Fridlund: Moralistic Punishment as a Crude Social Insurance Plan
The Scope of Justified Punishment
11.: Neil Levy: Punishing the Addict: Reflections on Gene Heyman
12.: Focquaert et al: Free Will, Responsibility, and the Punishment of Criminals

About the Author

Edited by Thomas A. Nadelhoffer, Assistant Professor of Philosophy, College of Charleston, USA

Thomas A. Nadelhoffer (Ph.D.) is an Assistant Professor in the Philosophy Department at the College of Charleston. He specializes in the philosophy of mind and action, moral psychology, and the philosophy of law-which were the focus of his research during his time as a post-doctoral fellow with the MacArthur Foundation Law and Neuroscience Project. He also recently co-edited Moral Psychology: Historical and Contemporary Readings(Wiley-Blackwell 2010) with Eddy Nahmias and Shaun Nichols.

Contributors: 
Eyal Aharoni (Ph.D.) is a postdoctoral researcher with appointments in the Psychology Department at the University of New Mexico and The Mind Research Network for Neurodiagnostic Discovery in Albuquerque, New Mexico. 

Michael Louis Corrado (J.D., Ph.D.) is the Arch T. Allen Distinguished Professor of Law and Professor of Philosophy at the University of North Carolina at Chapel Hill. 

Farah Focquaert (Ph.D.) is a Research Fellow at the Bioethics Institute Ghent, Ghent University. 

Alan J. Fridlund (Ph.D.) is an Associate Professor in the Department of Psychology at the University of California Santa Barbara. 

John Martin Fischer (Ph.D.) is Distinguished Professor and Chair of the Department of Philosophy at the University of California, Riverside, where he has held a University of California President's Chair (2006-10). 

Andrea Glenn (Ph.D.) is a Postdoctoral Research Fellow in the Department of Child and Adolescent Psychiatry at the Institute of Mental Health in Singapore. 

Geoffrey Goodwin (Ph.D.) is an assistant professor in the Department of Psychology at the University of Pennsylvania. 

Dena Gromet (Ph.D.) is a postdoctoral fellow with The Risk Management and Decision Processes Center, The Wharton School, University of Pennsylvania. 

Neil Levy (Ph.D.) is an Australian Research Council Future Fellow, based at the Florey Neuroscience Institutes, Melbourne, Australia. 

Alfred R. Mele (Ph.D.) is the William H. and Lucyle T. Werkmeister Professor of Philosophy at Florida State University and director of the Big Questions in Free Will Project (2010-13). 

Stephen J. Morse (J.D., Ph.D.) is Ferdinand Wakeman Hubbell Professor of Law, Professor of Psychology and Law in Psychiatry, and Associate Director of the Center for Neuroscience and Society at the University of Pennsylvania. 

Nancey Murphy (Ph.D.) is professor of philosophy at Fuller Seminary in Pasadena, CA. 

Thomas A. Nadelhoffer (Ph.D.) is an Assistant Professor in the Philosophy Department at the College of Charleston. 

Eddy Nahmias (Ph.D.) is an Associate Professor in the Philosophy Department and the Neuroscience Institute at Georgia State University. 

Shaun Nichols (Ph.D.) is Professor of Philosophy at the University of Arizona, where he directs a research group on experimental philosophy.

Michael S. Pardo (J.D.) is the Henry Upson Sims Professor of Law at the University of Alabama School of Law. 

Dennis Patterson (J.D., Ph.D.) holds the Chair in Legal Theory and Legal Philosophy at the European University Institute. 

Derk Pereboom (Ph.D.) is Professor of Philosophy at Cornell University. .

Adrian Raine (Ph.D.) is the Richard Perry University Professor in the Departments of Criminology, Psychiatry, and Psychology at the University of Pennsylvania. 

Chandra Sekhar Sripada (M.D., Ph.D.) is Assistant Professor of Philosophy and Psychiatry at the University of Michigan, Ann Arbor. 

Walter Sinnott-Armstrong (Ph.D.) is Chauncey Stillman Professor of Practical Ethics in the Philosophy Department and the Kenan Institute for Ethics at Duke University.

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