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The Emotional Brain and the Guilty Mind

Novel Paradigms of Culpability and Punishment

By: Federica Coppola
Media of The Emotional Brain and the Guilty Mind
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Published: 11-02-2021
Format: Hardback
Edition: 1st
Extent: 248
ISBN: 9781509934294
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP: £65.00
Online price : £58.50
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Loren Epson

About The Emotional Brain and the Guilty Mind

This book seeks to reframe the normative narrative of the 'culpable person' in American criminal law through a more humanising lens. It embraces such a reframed narrative to revise the criteria of the current voluntarist architecture of culpability and to advance a paradigm of punishment that positions social rehabilitation as its core principle.

The book constructs this narrative by considering behavioural and neuroscientific insights into the functions of emotions, and socio-environmental factors within moral behaviour in social settings. Hence, it suggests culpability notions that reflect a more contextualised view of human conduct, and argues that such revised notions are better suited to the principle of personal guilt. Furthermore, it suggests a model of 'punishment' that values the dynamic power of change of individuals, and acknowledges the importance of social relationships and positive environments to foster patterns of social (re)integration.

Ultimately, this book argues that the potential adoption of the proposed models of culpability and punishment, which view people through a more comprehensive lens, may be a key factor for turning criminal justice into a less punitive, more inclusionary and non-stigmatising system.

Table Of Contents

Interim Table of Contents
Table of Cases
Table of Statutes
Overview of the Book

Chapter 1 - The Rationalist Soul of Culpability: An Analysis of the Guilty Mind

Chapter 2 - From the Guilty Mind to the Punished Person: Criminal Culpability through the 'Evolution' of Punishment

Chapter 3 - Critiques of the Normative Model of the 'Person' in Culpability and Punishment

Chapter 4 - Emotions, the Social Environment and the Brain

Chapter 5 - Holistic and Situated Culpability

Chapter 6 - Social Rehabilitation


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