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Vol 21 No 11 Nov/Dec 2016

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Minds, Brains, and Law: The Conceptual Foundations of Law and Neuroscience


ISBN13: 9780190253103
Published: August 2015
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Paperback (Hardback in 2013)
Price: £16.99
Hardback edition , ISBN13 9780199812134



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As neuroscientific technologies continue to develop and inform our understanding of the mind, the opportunities for applying neuroscience in legal proceedings have also increased.

Cognitive neuroscientists have deepened our understanding of the complex relationship between the mind and the brain by using new techniques such as functional magnetic resonance imaging (fMRI) and electroencephalography (EEG).

The inferences drawn from these findings and increasingly sophisticated technologies are being applied to debates and processes in the legal field, from lie detection in criminal trials to critical legal doctrines surrounding the insanity defense or guilt adjudication.

In Minds, Brains, and Law: The Conceptual Foundations of Law and Neuroscience, Michael S. Pardo and Dennis Patterson assess the philosophical questions that arise when neuroscientific research and technology are applied in the legal system.

They examine the arguments favoring the increased use of neuroscience in law, the means for assessing its reliability in legal proceedings, and the integration of neuroscientific research into substantive legal doctrines.

The authors use their explorations to inform a corrective inquiry into the mistaken inferences and conceptual errors that arise from mismatched concepts, such as the mental disconnect of what constitutes "lying" on a lie detection test. 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.

Subjects:
Medical Law, Other Jurisdictions , USA
Contents:
PREFACE
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