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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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