A thought-provoking examination of how insights from neuroscience challenge deeply held assumptions about morality and law.
As emerging neuroscientific insights change our understanding of what it means to be human, the law must grapple with monumental questions, both metaphysical and practical. Recent advances pose significant philosophical challenges: how do neuroscientific revelations redefine our conception of morality, and how should the law adjust accordingly?
Trialectic takes account of those advances, arguing that they will challenge normative theory most profoundly. If all sentient beings are the coincidence of mechanical forces, as science suggests, then it follows that the time has come to reevaluate laws grounded in theories dependent on the immaterial that distinguish the mental and emotional from the physical. Legal expert Peter A. Alces contends that such theories are misguided-so misguided that they undermine law and, ultimately, human thriving.
Building on the foundation outlined in his previous work, The Moral Conflict of Law and Neuroscience, Alces further investigates the implications for legal doctrine and practice.
Show moreA thought-provoking examination of how insights from neuroscience challenge deeply held assumptions about morality and law.
As emerging neuroscientific insights change our understanding of what it means to be human, the law must grapple with monumental questions, both metaphysical and practical. Recent advances pose significant philosophical challenges: how do neuroscientific revelations redefine our conception of morality, and how should the law adjust accordingly?
Trialectic takes account of those advances, arguing that they will challenge normative theory most profoundly. If all sentient beings are the coincidence of mechanical forces, as science suggests, then it follows that the time has come to reevaluate laws grounded in theories dependent on the immaterial that distinguish the mental and emotional from the physical. Legal expert Peter A. Alces contends that such theories are misguided-so misguided that they undermine law and, ultimately, human thriving.
Building on the foundation outlined in his previous work, The Moral Conflict of Law and Neuroscience, Alces further investigates the implications for legal doctrine and practice.
Show moreRead This First (Spoiler Alert)
1 The Plan
2 Tensions
3 “Neurosciences”
4 The Mechanics of “Morality”
5 The Cost of “Morality”
6 An Extreme Position, Indeed
Coda: But . . . “What Is the Best Argument against Your
Thesis?”
Innocent Accessories (Before and After the Fact): Revealed
Notes
Bibliography
Index
Peter A. Alces is the Rita Anne Rollins Professor of Law Emeritus at The College of William & Mary.
"Trialectic is an ambitious, far-ranging book about morality and
human agency whose goal is to reconcile radically different ways of
understanding people and thereby re-envision the law. Alces has no
illusions that this will be easy but he knows the territory well,
focusing instead on practical interpretations of morality and their
implications for law. In the process we are treated to many
fascinating excursions into law, neuroscience, psychology, and
evolution.”
*Martha J. Farah | University of Pennsylvania*
"Peter Alces bravely explores the legal implications of the fact
that, as we are mechanistic, biological organisms, moral
responsibility and free will are fictions. Believing otherwise, in
his succinct words, 'may cost more, in harm, than law can afford.'
Alces makes his case with nuanced, provocative ideas and elegant
writing. This should be required reading for anyone believing that
all the criminal justice system needs is some reforming."
*Robert Sapolsky | author of “Behave: The Biology of Humans at Our
Best and Worst" | Stanford University*
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