Folk Psychology and Law: the Case of Eliminativism

Abstract

The aim of this paper is very modest. First, we want to assess how different strategies of naturalization might deal with the need of using folk psychology in legal domain. Second, we want to check whether folk psychology is indeed indispensable in the legal domain. Third, we want to describe possible problems with one strategy of naturalization, i.e. radical naturalization with classical elimination. Our conclusion will be that despite various attempts, every project of naturalization of law will have to resolve the tension between law and folk psychology and such resolution would not be achieved by simple reduction or elimination of folk psychology. A variety of non-standard solutions might be in place to resolve this tension. We will only outline those strategies here.