'Neurolaw' in the Netherlands: The justifcation of the new adolescent penal law from a neurophilosophical perspective

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Abstract

‘Neurolaw’ in the Netherlands: The justification of the new adolescent penal law from a neurophilosophical perspective

The possible and actual normative influence of neuroscientific research has been discussed in numerous publications. One particular part of that debate covered a number of US Supreme Court decisions since the early 2000s on the constitutionality of death or lifetime sentences for minor offenders. The present paper connects these topics to the new Dutch adolescent penal law which allows to treat adult offenders until the age of 22 years under certain conditions according to the rules for minors. The justification of this law referred to adolescents’ and young adults’ brain development in a unique manner. This paper does not only describe the essential steps of the lawmaking process and the legal justification of the new adolescent penal law, but also analyzes in depth in how far the used neuroscientific findings are able to support the normative conclusions.
Translated title of the contribution'Neurolaw' in the Netherlands: The justifcation of the new adolescent penal law from a neurophilosophical perspective
Original languageDutch
Pages (from-to)379-404
Number of pages26
JournalAlgemeen Nederlands tijdschrift voor wijsbegeerte
Volume111
Issue number3
DOIs
Publication statusPublished - 1-Oct-2019

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