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book: Trialectic
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Trialectic

The Confluence of Law, Neuroscience, and Morality
Language: English
Published/Copyright: 2023

About this book

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.

Author / Editor information

Peter A. Alces is the Rita Anne Rollins Professor of Law Emeritus at The College of William & Mary.

Reviews

"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

"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

Topics

  • Publicly Available

    Frontmatter

    i
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    Contents

    vii
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    Read This First (Spoiler Alert)

    ix
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    1 The Plan

    1
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    2 Tensions

    9
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    3 “Neurosciences”

    37
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    4 The Mechanics of “Morality”

    75
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    5 The Cost of “Morality”

    97
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    6 An Extreme Position, Indeed

    117
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    Coda: But . . . “What Is the Best Argument against Your Thesis?”

    156
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    Innocent Accessories (Before and After the Fact): Revealed

    163
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    Notes

    165
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    Bibliography

    253
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    Index

    291
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Publishing information
Pages and Images/Illustrations in book
eBook published on:
August 15, 2023
eBook ISBN:
9780226827490
Pages and Images/Illustrations in book
View content
https://doi.org/10.7208/chicago/9780226827490
eBook ISBN: 9780226827490
Keywords for this book
neuroscience; morality; law; emotion; consequentialism; instrumentalism
Audience(s) for this book
For an expert adult audience, including professional development and academic research
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