Neuroscientific perspective of the agency: is it problematic for the law?

Abstract

Kantian moral agency has served as the theoretical basis for moral and legal foundations of the autonomy of the will. However, neuroscience has shown that Kantian rational agency is not a good fit for contemporary subjects and thus the evidence leads us to wonder about its repercussions in the field of law. This paper begins by noting the differences between Kantian agency and what neuroscientific studies have found. It goes on to discuss whether this discrepancy could pose a problem for law and the reasons behind it.