Hume on Responsibility and Punishment

Responsibility and punishment: whose mind? A response.

Cognitive neuroscience is challenging the Anglo-American approach to criminal responsibility. Critiques, in this issue and elsewhere, are pointing out the deeply flawed psychological assumptions underlying the legal tests for mental incapacity. The critiques themselves, however, may be flawed in looking, as the tests do, at the psychology of the offender. Introducing the strategic structure of ...

Unmitigated Punishment: Adolescent Criminal Responsibility and LWOP Sentences

Youthfulness, responsibility and punishment Admonishing adolescents in criminal court

This article describes interaction in a criminal (adult) court in which adolescents are punished. As a result of the particular set of courtroom dynamics and the youthfulness of the defendants in this court, two potentially conflicting ideas about punishment are expressed concurrently: (1) proportionality, and (2) reduced culpability among youth. I demonstrate how judges talk to adolescent defe...

Hume, the New Hume, and Causal Connections

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Hume on Testimony Revisited

Among contemporary epistemologists of testimony, David Hume is standardly regarded as a ‘global reductionist’, where global reductionism requires the hearer to have sufficient first-hand knowledge of the facts in order to individually ascertain the reliability of the testimony in question. In the present paper, I argue that, by construing Hume’s reductionism in too individualistic a fashion, th...