Chapter

Criminal Law, Philosophy, and Psychology: Working at the Crossroads

Thomas Nadelhoffer

in Oxford Studies in Philosophy of Law

Published in print June 2011 | ISBN: 9780199606443
Published online September 2011 | e-ISBN: 9780191729683 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199606443.003.0008

Series: Oxford Studies in Philosophy of Law

Criminal Law, Philosophy, and Psychology: Working at the Crossroads

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This chapter discusses the relevance of recent developments in experimental philosophy and social psychology to fundamental issues that arise in the criminal law — especially when it comes to the decisions made by juries and judges concerning crime and punishment. In light of the empirical research the chapter discusses, it concludes that philosophers and legal theorists alike need to pay more attention to folk intuitions about legal responsibility than has traditionally been the case. In the chapter's view, gaining a perspicuous view of the criminal law requires more work at the cross‐roads of philosophy, psychology, and cognate fields.

Keywords: criminal law; responsibility; retributivism; experimental philosophy; punishment

Chapter.  12950 words. 

Subjects: Moral Philosophy

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