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Evolution and MoralityNOMOS LII$
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James E. Fleming and Sanford Levinson

Print publication date: 2012

Print ISBN-13: 9780814771228

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814771228.001.0001

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PRINTED FROM NYU Press SCHOLARSHIP ONLINE (www.nyu.universitypressscholarship.com). (c) Copyright University of NYU Press Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NYSO for personal use.date: 20 September 2021

Science Fiction

Science Fiction

Some Unexamined Assumptions of Nita Farahany’s “Law and Behavioral Morality”

Chapter:
(p.212) 7 Science Fiction
Source:
Evolution and Morality
Author(s):

Jennifer L. Culbert

Publisher:
NYU Press
DOI:10.18574/nyu/9780814771228.003.0007

This chapter explores Professor Farahany's suggestion that behavioral moralists should focus their energies on scientifically validating and qualifying people's legal notion of reasonableness. Reasonableness refers to the norms of behavior that society expects any given person to meet. The problem is that it isn't clear what people can actually expect of the average member of the community. Indeed, at present, people “base the average or reasonable person solely on fictional predictions of human practices.” However, Farahany believes that, “as neuroscience, behavioral genetics, and scientific studies of human behavior progress, these disciplines will become increasingly more relevant to societal constructs of average or normal behavior.” As such, the notion of reasonableness may one day reflect not only what people know a population can do but what they can anticipate and require its individuals to do.

Keywords:   behavioral moralists, reasonableness, norms, human practices, neuroscience, behavioral genetics, human behavior

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