Minds, Brains, and Law
The Conceptual Foundations of Law and Neuroscience
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Product details:
- Publisher OUP USA
- Date of Publication 6 August 2015
- ISBN 9780190253103
- Binding Paperback
- No. of pages276 pages
- Size 231x155x17 mm
- Weight 408 g
- Language English 0
Categories
Short description:
In Minds, Brains, and Law, Michael S. Pardo and Dennis Patterson analyze questions that lie at the core of implementing neuroscientific research and technology within the legal system.
MoreLong description:
Cognitive neuroscientists have deepened our understanding of the complex relationship between mind and brain and complicated the relationship between mental attributes and law. New arguments and conclusions based on functional magnetic resonance imaging (fMRI), electroencephalography (EEG), and other increasingly sophisticated technologies are being applied to debates and processes in the legal field, from lie detection to legal doctrine surrounding criminal law, including the insanity defense to legal theory.
In Minds, Brains, and Law, Michael S. Pardo and Dennis Patterson analyze questions that lie at the core of implementing neuroscientific research and technology within the legal system. They examine the arguments favoring increased use of neuroscience in law, the scientific evidence available for the reliability of neuroscientific evidence in legal proceedings, and the integration of neuroscientific research into substantive legal doctrines.
The authors also explore the basic philosophical questions that lie at the intersection of law, mind, and neuroscience. In doing so, they argue that mistaken inferences and conceptual errors arise from mismatched concepts, such as the disconnect between lying and what constitutes "lying" in many neuroscientific studies. The empirical, practical, ethical, and conceptual issues that Pardo and Patterson seek to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.
This paperback edition contain a new Preface covering developments in this subject since the hardcover edition published in 2013.
The subject of neuro-legal studies has developed rapidly in the wake of advances in cognitive neuroscience . Its relevance to and bearing upon the law and legal proceedings, and upon the admissibility of neurological evidence in criminal law are of the greatest importance. Professors Pardo and Patterson have written a most timely book that subjects neuro-legal studies to meticulous conceptual scrutiny. They bring to bear impressive knowledge of neuroscience and law, as well as first-rate philosophical acumen. They write lucidly and present their opponents' case fairly. Their critical arguments are powerful and convincing, and will profoundly affect the current perception of the relation between law and neuroscience. This book should be studied by all lawyers and judges concerned with the relevance of cognitive neuroscience to the law, and by all students of law."
Table of Contents:
Preface to the Paperback Edition
Preface to the Hardcover Edition
Introduction
Chapter One: Philosophical Issues
I. The Conceptual and the Empirical
II. Criterial and Inductive Evidence
III. Unconscious Rule Following
IV. Interpretation
V. Knowledge
VI. The Mereological Fallacy
Chapter Two: The Concept of Mind
I. Neuro-Reductionism
II. Eliminative Materialism and the "Theory" of Folk Psychology
III. Two Examples of Neuro-Reductionism and Its Implications for Law
IV. Conceptions of Mind and the Role of Neuroscience in Law
Chapter Three: Neuroscience and Legal Theory: Jurisprudence, Morality, and Economics
I. Jurisprudence
II. Emotion and Moral Judgments
III. Mind, Moral Grammar, and Knowledge
IV. Neuroeconomics
Chapter Four: Brain-Based Lie Detection
I. fMRI Lie Detection
II. EEG Lie Detection ("Brain Fingerprinting")
III. Analysis: Empirical, Conceptual, and Practical Issues
Chapter Five: Criminal Law Doctrine
I. Actus reus
II. Mens rea
III. Insanity
Chapter Six: Criminal Procedure
I. Fourth Amendment
II. Fifth Amendment
III. Due Process
Chapter Seven: Theories of Criminal Punishment
I. A Brief Taxonomy of Theories of Criminal Punishment
II. The First Challenge: Brains and Punishment Decisions
III. The Second Challenge: Neuroscience and Intuitions about Punishment
Conclusion
Bibliography
Table of Cases
Index
