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The contribution of neuroscience on ascertaining individual responsibility in anti-social and anti-legal behaviour

Author

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  • Ionut Serban

    (University of Craiova, Craiova, Romania)

Abstract
Lately, neuroscience studies on deviant and criminal behaviours have been intensified, with particular reference to the implications on the field of law and the criminal process. By analysing the origin of behaviour, these emerging sciences, would be able to identify possible biological or genetic causes that may have affected the will and awareness of anti-social and anti-law acts committed. It is obvious that the debate shifts to the 'question' of liability. The re-founding of the criminal law on a scientific basis, as the probative reconstruction of criminal facts is increasingly entrusted to the results of technical-scientific evidence, raises concerns regarding their relevance and reliability, while being used together with the traditionally known instruments. This study intends, therefore, to investigate both the results achieved so far by neuroscience for the explanation and interpretation of deviant (or criminal) conduct on scientific grounds, and to understand its possible contribution at a legal level, without any prejudice to the guarantees of a fair and free criminal trial for the individual and the principle of human free will. In any case, neuroscience has opened a window towards a new approach to the criminal law, since knowing man better and understanding his behaviour will inevitably lead to both an adaptation and a renewal of the law and its types.

Suggested Citation

  • Ionut Serban, 2023. "The contribution of neuroscience on ascertaining individual responsibility in anti-social and anti-legal behaviour," Sociology and Social Work Review, International Society for projects in Education and Research, vol. 7(1), pages 61-77, June.
    • Handle: RePEc:edr:sswrgl:v:7:y:2023:i:1:p:61-77
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    File URL: https://globalresearchpublishing.com/sswr/sociology-and-social-work-review-volume-7-issue-1-june-2023/doi-10-58179-sswr7104/
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    More about this item

    Keywords

    deviance; crime; justice; neuroscience; law; anti-social; anti-law; individual responsibility.;
    All these keywords.

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
    • P37 - Political Economy and Comparative Economic Systems - - Socialist Institutions and Their Transitions - - - Legal

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