Skip to main content

REVIEW article

Front. Hum. Neurosci.
Sec. Cognitive Neuroscience
Volume 18 - 2024 | doi: 10.3389/fnhum.2024.1401895

Volition and control in law and in brain science: neurolegal translation of a foundational concept

Provisionally accepted
Julia F. Christensen Julia F. Christensen 1*Caroline Rödiger Caroline Rödiger 2Lisa Claydon Lisa Claydon 3Patrick Haggard Patrick Haggard 4,5
  • 1 Max Planck Institute for Empirical Aesthetics, Max Planck Society, Frankfurt, Germany
  • 2 Department of Law, Faculty of Law and Economics, University of Bonn, Bonn, North Rhine-Westphalia, Germany
  • 3 The Open University Law School, Milton Keynes, England, United Kingdom
  • 4 Institute of Cognitive Neuroscience, Faculty of Brain Sciences, University College London, London, England, United Kingdom
  • 5 Institute of Philosophy, School of Advanced Studies, University of London, London, United Kingdom

The final, formatted version of the article will be published soon.

    The law assumes that healthy adults are generally responsible for their actions and have the ability to control their behaviour based on rational and moral principles. This contrasts with some recent neuroscientific accounts of action control. Nevertheless, both law and neuroscience acknowledge that strong emotions including fear and anger may "trigger" loss of normal voluntary control over action. Thus, "Loss of Control" is a partial defence for murder under English law, paralleling similar defences in other legal systems.Here we consider the neuroscientific evidence for such legal classifications of responsibility, particularly focussing on how emotional states modulate voluntary motor control and sense of agency. First, we investigate whether neuroscience could contribute an evidence-base for law in this area. Second, we consider the societal impact of some areas where legal thinking regarding responsibility for action diverges from neuroscientific evidence: should we be guided by normative legal traditions, or by modern understanding of brain functions? In addressing these objectives, we propose a translation exercise between neuroscientific and legal terms, which may assist future interdisciplinary research.

    Keywords: Volition, Action control, human, Law, action, Loss of control, Fear, Anger

    Received: 16 Mar 2024; Accepted: 29 Jul 2024.

    Copyright: © 2024 Christensen, Rödiger, Claydon and Haggard. This is an open-access article distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction in other forums is permitted, provided the original author(s) or licensor are credited and that the original publication in this journal is cited, in accordance with accepted academic practice. No use, distribution or reproduction is permitted which does not comply with these terms.

    * Correspondence: Julia F. Christensen, Max Planck Institute for Empirical Aesthetics, Max Planck Society, Frankfurt, Germany

    Disclaimer: All claims expressed in this article are solely those of the authors and do not necessarily represent those of their affiliated organizations, or those of the publisher, the editors and the reviewers. Any product that may be evaluated in this article or claim that may be made by its manufacturer is not guaranteed or endorsed by the publisher.