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KMID : 1011120210150010045
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Bioethics Policy Studies
2021 Volume.15 No. 1 p.45 ~ p.65
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Does Neural Determinism Threaten Criminal Responsibility? - A study on the relationship between neuroscience and criminal law -
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Park Hee-Su
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Abstract
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With the development of neuroscience, neuroscience agendas are also being dealt with in the field of criminal law. Therefore, this paper attempted to explore the relationship between neuroscience and criminal law through a specific question, “Does neural determinism threaten criminal responsibility?” Neurodeterminism is an unclear position. Neuro is not a sufficient condition for human behavior, nor is human behavior reduced to neurological causes. Neural activity may be a necessary condition for human behavior, and human behavior may lie in its causal relationship, but it is difficult to regard it as a ‘determinism’. Compared to the time when the modern criminal law system was established, this era is undergoing many changes. Therefore, it is necessary to imagine the content and basis of new responsibilities suitable for the present era. Neural determinism in itself does not threaten the concept of free will and responsibility under criminal law, but it is meaningful in that it provides an opportunity to consider the concept of free will and responsibility under criminal law.
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KEYWORD
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neuro-science, determinism, neural determinism, criminal responsibility, free will
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