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Title: Questioni pregiudiziali: una prospettiva epistemologica sui rapporti tra neuroscienze e diritto
Authors: Sarra, Claudio
Keywords: LawNeuroscienceScienceDemarcationsociological turnNew ExperimentalismNeuro-Law
Issue Date: 2014
Publisher: EUT Edizioni Università di Trieste
Source: Claudio Serra, "Questioni pregiudiziali: una prospettiva epistemologica sui rapporti tra neuroscienze e diritto", in: Etica & Politica / Ethics & Politics, XVI (2014) 2, pp. 64-100
Series/Report no.: Etica & Politica / Ethics & Politics
XVI (2014) 2
In the last few years the problem of the influence of neuroscientific research on the juridical world has enjoyed a huge amount of interest, though the “neuroscience vs law” approach is sometimes unfold without a previous clarification of the conditions and the limits that permit a legitimate comparison between speeches and social practices (those under the general lables “sci-ence” and, respectively, “law”) originated and conducted within theoretical paradigms so dis-tant. In other words, very often the juxtaposition between “neuroscience” and “law”, as well as the speculations built on it, are led leaving unexpressed definitions and theoretical presupposi-tions about the concepts of “law” and “science” employed, trusting on a share of intuitive com-mon places about something which has been considered “essentially contested” instead.
Thus, the aim of this paper is twofold: first, I will critically espose some epistemological issues emerged at the turn of the XX century, focusing on some reactions to the relativistic turn based on the (re-)discovery of the importance of the experimental side of every scientific enterprise. In my opinion, those proposals have given important insights that can help the clarification of a le-gitimate “scientific riductionism”; then, on those epistemological grounds, I will try to set the stage for a profitable discussion about the extra-theoretical use of scientific propositions, in par-ticular of those generated within current neuroscience researches to deal with specific juridical problems.
Type: Article
ISSN: 1825-5167
Appears in Collections:Etica & Politica / Ethics & Politics (2014) XVI/2

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