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Author : Owen D. Jones
Publisher : Aspen Publishing
Page : 1004 pages
File Size : 30,96 MB
Release : 2020-09-15
Category : Medical
ISBN : 1543801099
"Coursebook on law and neuroscience, including the bearing of neuroscience on criminal law, criminal procedure, and evidence"--
Author : Antonio D’Aloia
Publisher : Springer Nature
Page : 563 pages
File Size : 22,48 MB
Release : 2020-06-01
Category : Law
ISBN : 3030388409
There have been extraordinary developments in the field of neuroscience in recent years, sparking a number of discussions within the legal field. This book studies the various interactions between neuroscience and the world of law, and explores how neuroscientific findings could affect some fundamental legal categories and how the law should be implemented in such cases. The book is divided into three main parts. Starting with a general overview of the convergence of neuroscience and law, the first part outlines the importance of their continuous interaction, the challenges that neuroscience poses for the concepts of free will and responsibility, and the peculiar characteristics of a “new” cognitive liberty. In turn, the second part addresses the phenomenon of cognitive and moral enhancement, as well as the uses of neurotechnology and their impacts on health, self-determination and the concept of being human. The third and last part investigates the use of neuroscientific findings in both criminal and civil cases, and seeks to determine whether they can provide valuable evidence and facilitate the assessment of personal responsibility, helping to resolve cases. The book is the result of an interdisciplinary dialogue involving jurists, philosophers, neuroscientists, forensic medicine specialists, and scholars in the humanities; further, it is intended for a broad readership interested in understanding the impacts of scientific and technological developments on people’s lives and on our social systems.
Author : Michael S. Pardo
Publisher : Oxford University Press
Page : 269 pages
File Size : 17,66 MB
Release : 2013-09
Category : Law
ISBN : 0199812136
This book addresses the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. 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.
Author : William Hirstein
Publisher : MIT Press
Page : 305 pages
File Size : 41,5 MB
Release : 2023-09-19
Category : Psychology
ISBN : 0262549271
An examination of the relationship between the brain and culpability that offers a comprehensive neuroscientific theory of human responsibility. When we praise, blame, punish, or reward people for their actions, we are holding them responsible for what they have done. Common sense tells us that what makes human beings responsible has to do with their minds and, in particular, the relationship between their minds and their actions. Yet the empirical connection is not necessarily obvious. The “guilty mind” is a core concept of criminal law, but if a defendant on trial for murder were found to have serious brain damage, which brain parts or processes would have to be damaged for him to be considered not responsible, or less responsible, for the crime? What mental illnesses would justify legal pleas of insanity? In Responsible Brains, philosophers William Hirstein, Katrina Sifferd, and Tyler Fagan examine recent developments in neuroscience that point to neural mechanisms of responsibility. Drawing on this research, they argue that evidence from neuroscience and cognitive science can illuminate and inform the nature of responsibility and agency. They go on to offer a novel and comprehensive neuroscientific theory of human responsibility. The authors' core hypothesis is that responsibility is grounded in the brain's prefrontal executive processes, which enable us to make plans, shift attention, inhibit actions, and more. The authors develop the executive theory of responsibility and discuss its implications for criminal law. Their theory neatly bridges the folk-psychological concepts of the law and neuroscientific findings.
Author : Lynn Nadel
Publisher : Oxford University Press
Page : 409 pages
File Size : 41,30 MB
Release : 2012-08-02
Category : Law
ISBN : 0199920753
The legal system depends upon memory function in a number of critical ways, including the memories of victims, the memories of individuals who witness crimes or other critical events, the memories of investigators, lawyers, and judges engaged in the legal process, and the memories of jurors. How well memory works, how accurate it is, how it is affected by various aspects of the criminal justice system — these are all important questions. But there are others as well: Can we tell when someone is reporting an accurate memory? Can we distinguish a true memory from a false one? Can memories be selectively enhanced, or erased? Are memories altered by emotion, by stress, by drugs? These questions and more are addressed by Memory and Law, which aims to present the current state of knowledge among cognitive and neural scientists about memory as applied to the law.
Author : Peter A. Alces
Publisher : University of Chicago Press
Page : 392 pages
File Size : 17,77 MB
Release : 2018-01-18
Category : Law
ISBN : 022651353X
"New insights offered by neuroscience have provoked discussions of the nature of human agency and responsibility. Alces draws on neuroscience to explore the internal contradictions of legal doctrines, and consider what would be involved in constructing novel legal regimes based on emerging understandings of human capacities and characteristics not only in criminal law but in contract and tort law."--Provided by publisher.
Author : Stephen J. Morse
Publisher : Oxford University Press
Page : pages
File Size : 50,73 MB
Release : 2013-07-26
Category : Medical
ISBN : 0199859183
(temporary: from the Introduction) As a result, the John D. and Catherine T. MacArthur Foundation decided to support a three-year multidisciplinary initiative, The Law and Neuroscience Project, that created teams (termed "research networks") of lawyers, neuroscientists and philosophers to explore the appropriate conceptual relation of neuroscience and law and to engage in empirical investigations that would demonstrate the specific relevance of neuroscience to law. Although there was a substantial range of opinion among Project participants about the potential relevance of neuroscience to criminal law, it became apparent that a basic primer or handbook that set forth a statement of the relation as the authors understand it at present would be enormously helpful to practicing lawyers, judges, and legal policy makers as they increasingly were confronted with claims based on neuroscience information. The goal is to provide accurate information and to clarify the basic questions that will inevitable arise so that the criminal law can avoid confusion and mistakes based on inadequate understanding.
Author : Kent A. Kiehl
Publisher : Oxford University Press, USA
Page : 408 pages
File Size : 26,62 MB
Release : 2013-04-25
Category : Law
ISBN : 0199841381
Psychopaths constitute less than 1% of the general population, but they commit a much larger proportion of crime and violence in society. This volume chronicles the latest science of psychopathy, various ways that psychopaths challenge the criminal justice system, and the major ethical issues arising from this fascinating condition.
Author : Michael S. Pardo
Publisher : Oxford University Press
Page : 272 pages
File Size : 25,81 MB
Release : 2013-10-14
Category : Law
ISBN : 0199370079
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.
Author : Nicole A Vincent
Publisher : Oxford University Press
Page : 404 pages
File Size : 34,13 MB
Release : 2013-03-07
Category : Law
ISBN : 0199925607
Adopting a broadly compatibilist approach, this volume's authors argue that the behavioral and mind sciences do not threaten the moral foundations of legal responsibility. Rather, these sciences provide fresh insight into human agency and updated criteria as well as powerful diagnostic and intervention tools for assessing and altering minds.