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9 Minn. J.L. Sci. & Tech. 1 (2008)

handle is hein.journals/mipr9 and id is 1 raw text is: Articles Determinism and the Death of Folk Psychology: Two Challenges To Responsibility from Neuroscience Stephen J. Morse* I. INTRODUCTION Free will and human agency are considered foundational for ascriptions of criminal responsibility in Anglo-American jurisprudence. As United States Supreme Court Justice Oliver Wendell Holmes famously observed, even a dog distinguishes © 2008 Stephen J. Morse. * Ferdinand Wakeman Hubbell Professor of Law & Professor of Psychology and Law in Psychiatry, University of Pennsylvania. This paper was first presented as a Deinard Memorial Lecture in Law and Medicine cosponsored by the University of Minnesota's Joint Degree Program in Law, Health & the Life Sciences and the Center for Bioethics with major support from the law firm of Leonard, Street and Deinard, and then presented at a conference on Neuroethics and Empirical Moral Psychology at the Department of Philosophy, Classics, History of Art and Ideas of the University of Oslo. I would like to thank Leonard, Street and Deinard and Susan Wolf for their hospitality in Minneapolis, and Jakob Elster, Lene Bomann-Larsen and Oistein Schmidt Galaaen for their hospitality in Oslo. Thanks to Barry Feld, Vidar Halvorsen and Monica Luciano for helpful commentary. The paper was also presented at a symposium on Neuroscience and Moral and Legal Responsibility at the University of Cincinnati College of Law and School of Medicine, as a plenary address at the 2007 annual meeting of the Association for Politics and the Life Sciences, and as a lecture at the Sage Center for the Study of the Mind at the University of California, Santa Barbara. I thank all those at each of these venues who made helpful comments, especially John Bickle, Mike Gazzaniga and Douglas Mossman. I also thank Ed Greenlee for his invaluable assistance. As always, I thank my personal attorney, Jean Avnet Morse, for her sound, sober counsel and moral support.

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