10 found
Order:
Disambiguations
Tyler K. Fagan [6]Tyler Fagan [5]
  1. Responsible Brains: Neuroscience, Law, and Human Culpability.William Hirstein, Katrina L. Sifferd & Tyler K. Fagan - 2018 - New York, NY, USA: MIT Press. Edited by Katrina Sifferd & Tyler Fagan.
    [This download includes the table of contents and chapter 1.] -/- When we praise, blame, punish, or reward people for their actions, we are holding them responsible for what they have done. Common sense tells us that what makes human beings responsible has to do with their minds and, in particular, the relationship between their minds and their actions. Yet the empirical connection is not necessarily obvious. The “guilty mind” is a core concept of criminal law, but if a defendant (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   12 citations  
  2. Author’s Reply: Negligence and Normative Import.Katrina L. Sifferd & Tyler K. Fagan - 2022 - Criminal Law and Philosophy 16 (2):353-371.
    In this paper we attempt to reply to the thoughtful comments made on our book, Responsible Brains, by a stellar group of scholars. Our reply focuses on two topics discussed in the commenting papers: first, the issue of responsibility for negligent behavior; and second, the broad claim that facts about brain function are normatively inert. In response to worries that our theory lacks normative implications, we will concentrate on an area where our theory has clear relevance to law and legal (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  3. Legal Insanity and Executive Function.Katrina Sifferd, William Hirstein & Tyler Fagan - 2016 - In Mark D. White, The Insanity Defense: Multidisciplinary Views on Its History, Trends, and Controversies. Praeger. pp. 215-242.
    In this chapter we will argue that the capacities necessary to moral and legal agency can be understood as executive functions in the brain. Executive functions underwrite both the cognitive and volitional capacities that give agents a fair opportunity to avoid wrongdoing: to recognize their acts as immoral and/or illegal, and to act or refrain from acting based upon this recognition. When a person’s mental illness is serious enough to cause severe disruption of executive functions, she is very likely to (...)
     
    Export citation  
     
    Bookmark   2 citations  
  4. (1 other version)Child Soldiers, Executive Functions, and Culpability.Tyler Fagan, William Hirstein & Katrina Sifferd - 2016 - International Criminal Law Review 16 (2):258-286.
    Child soldiers, who often appear to be both victims and perpetrators, present a vexing moral and legal challenge: how can we protect the rights of children while seeking justice for the victims of war crimes? There has been little stomach, either in domestic or international courts, for prosecuting child soldiers—but neither has this challenge been systematically addressed in international law. Establishing a uniform minimum age of criminal responsibility would be a major step in the right direction; we argue that such (...)
    Direct download  
     
    Export citation  
     
    Bookmark  
  5. Juvenile Self-Control and Legal Responsibility: Building a Scalar Standard.Katrina L. Sifferd, Tyler Fagan & William Hirstein - 2020 - In Alfred R. Mele, Surrounding Self-Control. Oxford University Press, Usa.
    US criminal courts have recently moved toward seeing juveniles as inherently less culpable than their adult counterparts, influenced by a growing mass of neuroscientific and psychological evidence. In support of this trend, this chapter argues that the criminal law’s notion of responsible agency requires both the cognitive capacity to understand one’s actions and the volitional control to conform one’s actions to legal standards. These capacities require, among other things, a minimal working set of executive functions—a suite of mental processes, mainly (...)
    Direct download  
     
    Export citation  
     
    Bookmark  
  6.  32
    Animal Mindreading and the Principle of Conservatism.Tyler K. Fagan - 2016 - Southern Journal of Philosophy 54 (2):189-208.
    Skeptics about nonlinguistic mindreading often use an inferential rule of thumb—the principle of conservatism—to cast doubt on purported empirical evidence of mindreading abilities in nonlinguistic creatures. This principle, if warranted, would seem to count generally against explanatory hypotheses that posit nonlinguistic mindreading, instead favoring mere behavior-reading hypotheses. Using a test case from research with chimpanzees, I show that this principle is best understood as an appeal to parsimony; that, regardless of how one conceives of parsimony, the principle is unwarranted; and (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  7.  69
    Neuroscience and the Concept of Culpability.Tyler Fagan - 2022 - In Encyclopedia of Behavioral Neuroscience, 2nd edition. pp. 713-718.
    Culpability lies at the heart of our moral and legal practices of blaming, censuring, and punishing. Put simply, an agent is culpable for an action if the action is wrongful and the agent is responsible for that action. This seemingly straightforward concept remains contested within philosophy and legal theory, however, especially in the relatively new fields of neuroethics and neurolaw. How to understand responsible agency, which agents are potential bearers of culpability in general—and for which actions—and the possible evidentiary relevance (...)
    Direct download  
     
    Export citation  
     
    Bookmark  
  8.  12
    Pretrial Detention and Moral Agency.Katrina L. Sifferd & Tyler K. Fagan - 2018 - In David Boonin, Palgrave Handbook of Philosophy and Public Policy. Cham: Palgrave Macmillan. pp. 11-23.
    In this chapter we explore the ethical justifications for criminal detentions prior to adjudication. Because pretrial detentions cannot be justified on purely forward-looking grounds, any plausible justification must be partly backward-looking. Reflecting on the broader aims of the criminal law suggests that pretrial detentions, like post-conviction detentions, may be justified on “hybrid” grounds—but only if certain retributive and instrumental criteria are met. We conclude that while it is possible in principle to justify pretrial detention, there is reason to think that (...)
    Direct download  
     
    Export citation  
     
    Bookmark  
  9.  64
    Pretrial Detention and Moral Agency.Katrina L. Sifferd & Tyler K. Fagan - 2018 - In David Boonin, Palgrave Handbook of Philosophy and Public Policy. Cham: Palgrave Macmillan. pp. 11-23.
    In this chapter we explore the ethical justifications for criminal detentions prior to adjudication. Because defending pretrial detentions cannot be justified on purely forward-looking grounds, any plausible justification for pre-conviction detention must be partly backward-looking. Reflecting on the aims of the criminal law more broadly suggests that pretrial detentions, like post-conviction detentions, may be justified on “hybrid” grounds—but only if certain backward-looking retributive criteria and forward-looking instrumental criteria are met. We conclude that while it is possible in principle to justify (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  10. Encyclopedia of Behavioral Neuroscience, 2nd edition.Tyler Fagan (ed.) - 2022
     
    Export citation  
     
    Bookmark