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Why amnesia and the law is not a useful topic
Author(s) -
Morse Stephen J.
Publication year - 1986
Publication title -
behavioral sciences and the law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.649
H-Index - 74
eISSN - 1099-0798
pISSN - 0735-3936
DOI - 10.1002/bsl.2370040108
Subject(s) - amnesia , normative , competence (human resources) , psychology , law , cognitive psychology , cognitive science , social psychology , political science
This brief note suggests that amnesia and the law (or any other behavioral condition and the law) is not a jurisprudentially interesting topic because such behavioral conditions do not require distinct legal critera and procedures. Rather, the issues that each raises are examples of more general normative issues, such as the proper criteria for competence or responsibility, that should be addressed more generally and directly. Distinct behavioral conditions are simply factors that should be used as evidence when the law adjudicates or develops more general doctrines.