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Palgrave Macmillan

Retributivism, Consequentialism, and the Role of Science

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Part of the Palgrave Studies in Law, Neuroscience, and Human Behavior book series (PASTLNHB)

Abstract

A scientific approach to criminal law and criminal trial should pay specific attention to the findings of neuroscience and genetic research. If one looks specifically at punishment, the most recent discoveries seem to lean towards the consequentialist model as opposed to the retributive model, both as a way of justifying punishment and choosing the punishment that is most suitable and humane for society. However, if one adopts a naturalization approach, it seems that both the consequentialist model and the retributive model can be plausibly naturalized and defended in a scientifically informed criminal law perspective. This can lead to resort to neuroscientific tools in the courtroom without giving up some retributivist intuitions and illustrates how the contribution of science can help partially modify the law.

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  • DOI: 10.1007/978-3-030-69277-3_11
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Notes

  1. 1.

    For criticism about this experiment, see Le Texier (2019).

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Lavazza, A., Corso, F. (2021). Retributivism, Consequentialism, and the Role of Science. In: Ligthart, S., van Toor, D., Kooijmans, T., Douglas, T., Meynen, G. (eds) Neurolaw. Palgrave Studies in Law, Neuroscience, and Human Behavior. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-69277-3_11

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