Chapter

Evolutionary Jurisprudence: The End of the Naturalistic Fallacy and the Beginning of Natural Reform?

Morris B. Hoffman

in Law and Neuroscience

Published in print February 2011 | ISBN: 9780199599844
Published online May 2011 | e-ISBN: 9780191725227 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199599844.003.0026

Series: Current Legal Issues

Evolutionary Jurisprudence: The End of the Naturalistic Fallacy and the Beginning of Natural Reform?

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This chapter begins by surveying the naturalistic fallacy's philosophical landscape and some of the scientific literature on the evolution of morality. It then proposes a set of principles that legal decision-makers might use to determine what to do, if anything, when our moral intuitions conflict with existing legal doctrine. It concludes by applying those principles to the felony murder rule, arguing that the broadest Anglo-American forms of that rule are dissonant with our intuitions of moral blameworthiness and should be abolished.

Keywords: naturalistic fallacy; morality; moral intuitions; felony murder rule

Chapter.  10494 words. 

Subjects: Medical and Healthcare Law

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