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« PEBS Neuroethics Roundup (JHU) | Main | A case study [by lisa bortolotti] »

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When we had Emma Cave (Leeds Law Faculty) over top Gothenburg last October to talk about the legal standing of young people in different areas and jurisdictions, she spoke a little about the possibility of implementing more nuanced ideas about responsibility into actual legal systems. She liked the idea especially with regard to young people, but also pointed out problems having to do with other virtues one wants a legal system to have (such as certainty, effectiveness, legitimacy and security). Anyhow, you might want to contact her about these things!

Interestingly, Lisa, we've been working on some very similar issues! Indeed, the law frequently treats phenomena that fall along a spectrum and lumps them into categories. When it does so, it often creates what I call "rounding error." Sometimes the rounding error is warranted for reasons of cost and administrability. But not always!

In this draft paper, I note the frequent mismatch between the nature of legal inputs and outputs in criminal law, tort law, and many other contexts:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1992034

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