Introduction

2020 ◽  
pp. 1-16
Author(s):  
Michael S. Moore
Keyword(s):  
Human Brain ◽  
Criminal Law ◽  
Common Sense ◽  
Academic Psychology ◽  
The Common ◽  
Common Sense Psychology

This introductory chapter lays out the dramatic challenge neuroscience is taken to issue to our sense of who and what we are and to our responsibility for our choices and for our actions. Neuroscience is seen as the newest of a series of challenges issued to the criminal law, retributivist punishment, moral blameworthiness, and the common-sense psychology all of these presuppose. Backed by a better science of the human brain, neuroscience reissues the challenges to responsibility that have long been issued by academic psychology, be that psychology introspectionist, Freudian, behaviorist, genetic, or whatever.

1. Exam Skills for Success in Criminal Law

2020 ◽  
pp. 1-4
Author(s):  
Mischa Allen
Keyword(s):  
Criminal Law ◽  
Study Skills ◽  
Critical Analysis ◽  
Mens Rea ◽  
Common Features ◽  
Actus Reus ◽  
Questions And Answers ◽  
The Common

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary, and advice on study skills. This introductory chapter provides an overview of the nature and complexities of the criminal law and the common features of all crimes such as actus reus, mens rea, and the defences. It outlines some techniques for achieving success in criminal law examinations. The chapter notes that to achieve success it is important to exercise good study skills from the outset and learn how to manage your time well. Relevance and structure are vital. Planning answers carefully, and providing critical analysis of the issues raised are essential.

RESPONSIBLE CHOICES, DESERT-BASED LEGAL INSTITUTIONS, AND THE CHALLENGES OF CONTEMPORARY NEUROSCIENCE

2011 ◽  
Vol 29 (1) ◽  
pp. 233-279 ◽  
Author(s):  
Michael S. Moore
Keyword(s):  
Political Philosophy ◽  
Common Sense ◽  
Mental States ◽  
Direct Access ◽  
The Political ◽  
Legal Institutions ◽  
The Real ◽  
Brain States ◽  
The Common ◽  
Common Sense Psychology

AbstractNeuroscience is commonly thought to challenge the basic way we think of ourselves in ordinary thought, morality, and the law. This paper: (1) describes the legal institutions challenged in this way by neuroscience, including in that description both the political philosophy such institutions enshrine and the common sense psychology they presuppose; (2) describes the three kinds of data produced by contemporary neuroscience that is thought to challenge these commonsense views of ourselves in morals and law; and (3) distinguishes four major and several minor kinds of challenges that that data can reasonably be interpreted to present. The major challenges are: first, the challenge of reductionism, that we are merely machines; second, the challenge of determinism, that we are caused to choose and act as we do by brain states that we do not control; third, the challenge of epiphenomenalism, that our choices do not cause our actions because our brains are the real cause of those actions; and fourth, the challenge of fallibilism, that we do not have direct access to those of our mental states that do cause our actions, nor are we infallible in such knowledge as we do have of them.

1. Exam Skills for Success in Criminal Law

2018 ◽  
Author(s):  
Mischa Allen
Keyword(s):  
Criminal Law ◽  
Study Skills ◽  
Critical Analysis ◽  
Mens Rea ◽  
Common Features ◽  
Actus Reus ◽  
Questions And Answers ◽  
The Common

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary and advice on study skills. This introductory chapter provides an overview of the nature and complexities of the criminal law and the common features of all crimes such as actus reus, mens rea, and the defences. It outlines some techniques for achieving success in criminal law examinations. The chapter notes that to achieve success it is important to exercise good study skills from the outset and learn how to manage your time well. Relevance and structure are vital. Planning answers carefully, and providing critical analysis of the issues raised are essential.

Introduction

2013 ◽  
Author(s):  
Michael Suk-Young Chwe
Keyword(s):  
Common Sense ◽  
Final Section ◽  
Common Knowledge ◽  
Explanatory Power ◽  
Knowledge Generation ◽  
Coordination Problems ◽  
The Common

This introductory chapter first sets out the book's main goal, which is to show that the concept of common knowledge has broad explanatory power; that common knowledge generation is an essential part of what public ritual “does”; and that the classic dichotomy between rationality and culture should be questioned. It then discusses coordination problems and offers some examples to illustrate how common knowledge is a useful everyday concept, part of the common sense meaning of “public,” and how common knowledge can to some degree be distinguished from “content” or “meaning.” The final section describes other contexts in which the concepts in the present study have been examined.

scholarly journals Re-visiting the Concept of Mens Rea: Challenging the Common Approaches Employed under Islamic Jurisprudence and Statute Law

2016 ◽  
Vol 9 (4) ◽  
pp. 1
Author(s):  
Fatemeh Ahadi
Keyword(s):  
Criminal Law ◽  
Common Sense ◽  
The State ◽  
Mens Rea ◽  
Islamic Jurisprudence ◽  
State Of Mind ◽  
The Common ◽  
Definition Of

In the present paper the traditional and customary perspectives on the concept of Mens Rea are challenged and a new definition of the same is put forward. The challenge is based on the idea that the concepts in criminal law need evolution in order to keep their function and practicality. Such an evolution demands such a condition wherein, while granting the characteristics of adaptability with the contextual conditions and principles of criminal law, the maintenance of the same is ensured. The mens rea is customarily defined as ‘culpable state of mind of the accused when committing an offence under criminal law and ‘rebellion intent’ under Islamic Jurisprudence. Both definitions of the concept have the capability to undergo evolution and, thus, a new definition of the same is envisaged herein as such that the mens rea constitutes ‘the culpable linkage of mind with the forbidden conduct’. Two changes are observable in the new definition compared with the existing one: first, the ‘state of mind’ is replaced with ‘linkage of mind’; second, the interpretation of the term ‘culpable’ as an independent constituent shall differ as per the common sense and the contextual conditions. The new definition grants dynamism to the concept and resolves the problems long associated with the definition of the mens rea under the criminal law.

Introduction

2017 ◽  
Author(s):  
Gregory Laski
Keyword(s):  
United States ◽  
Common Sense ◽  
The United States ◽  
American Democracy ◽  
Forward Movement ◽  
The Past ◽  
Racial History ◽  
The Common ◽  
Chronological Time

This introductory chapter outlines the conceptual, historical, and literary stakes of the book’s examination of the place of progress in definitions of democracy. The chapter opens with a reading of Walt Whitman’s Democratic Vistas (1871) as articulating one of the constitutive tensions of standard narratives of American democracy: the tendency to locate this political form’s promise in a future that is divorced from the past of racial slavery. Offering context for Whitman’s vision, the chapter surveys key political, cultural, and legal developments that functioned to consolidate the idea of time as linear and progressive in the period that historians have termed the nadir of racial history in the United States. The chapter then outlines the contributions of the authors and activists at the center of this study who identify an untimely democratic hope in contesting the common-sense notion that the forward movement of chronological time entails change.

1. Exam Skills for Success in Criminal Law

2016 ◽  
Author(s):  
Mischa Allen
Keyword(s):  
Criminal Law ◽  
Study Skills ◽  
Critical Analysis ◽  
Mens Rea ◽  
Common Features ◽  
Actus Reus ◽  
Questions And Answers ◽  
The Common

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, and author commentary. This introductory chapter provides an overview of the nature and complexities of the criminal law and the common features of all crimes such as actus reus, mens rea, and the defences. It outlines some techniques for achieving success in both criminal law assessment and exams. The chapter notes that to achieve success it is important to exercise good study skills from the outset and learn how to manage your time well. Relevance and structure are vital. Planning answers carefully, and providing critical analysis of the issues raised are essential.

“The Teacher Who had the Greatest Influence on My Thinking”

2008 ◽  
Vol 39 (3) ◽  
pp. 141-150 ◽  
Author(s):  
Rainer Reisenzein ◽  
Irina Mchitarjan
Keyword(s):  
Social Psychology ◽  
Common Sense ◽  
Interpersonal Relations ◽  
Responsibility Attribution ◽  
Alexius Meinong ◽  
Theory Of Value ◽  
Psychological Inquiry ◽  
Academic Teacher ◽  
Common Sense Psychology

According to Heider, some of his ideas about common-sense psychology presented in The Psychology of Interpersonal Relations ( Heider, 1958 ) originally came from his academic teacher, Alexius Meinong. However, Heider makes no reference to Meinong in his book. To clarify Meinong’s influence on Heider, we compare Heider’s explication of common-sense psychology with Meinong’s writings, in particular those on ethics. Our results confirm that Heider’s common-sense psychology is informed by Meinong’s psychological analyses in several respects: Heider adopts aspects of Meinong’s theory of emotion, his theory of value, and his theory of responsibility attribution. In addition, Heider more or less continues Meinong’s method of psychological inquiry. Thus, even without Meinong’s name attached, many aspects of Meinong’s psychology found their way into today’s social psychology via Heider. Unknowingly, some of us have been Meinongians all along.

The Legacy of Reid's Common Sense in Analytic Epistemology

2019 ◽  
Vol 17 (1) ◽  
pp. 23-37
Author(s):  
Mark Boespflug
Keyword(s):  
Common Sense ◽  
Thomas Reid ◽  
The Common

The common sense that heavily informs the epistemology of Thomas Reid has been recently hailed as instructive with regard to some of the most fundamental issues in epistemology by a burgeoning segment of analytic epistemologists. These admirers of Reid may be called dogmatists. I highlight three ways in which Reid's approach has been a model to be imitated in the estimation of dogmatists. First, common sense propositions are taken to be the benchmarks of epistemology inasmuch as they constitute paradigm cases of knowledge. Second, dogmatists follow Reid in taking common sense propositions to provide boundaries for philosophical theorizing. Inasmuch as philosophical theorizing leads one to deny a common sense proposition, such theorizing is stepping outside of the bounds of what it can or should do. Third, dogmatists follow Reid in focusing heavily on the problem of skepticism and by responding to it by refusing to answer the demand for a meta-justification that the skeptic wants.

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