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Law and the Brain


ISBN13: 9780198570110
ISBN: 0198570112
Published: March 2006
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £61.00



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The past 20 years have seen unparalleled advances in neurobiology, with findings from neuroscience being used to shed light on a range of human activities - many historically the province of those in the humanities and social sciences - aesthetics, emotion, consciousness, music.

Applying this new knowledge to law seems a natural development - the making, considering, and enforcing of law of course rests on mental processes. However, where some of those activities can be studied with a certain amount of academic detachment, what we discover about the brain has considerable implications for how we consider and judge those who follow or indeed flout the law - with inevitable social and political consequences.

There are real issues that the legal system will face as neurobiological studies continue to relentlessly probe the human mind - the motives for our actions, our decision making processes, and such issues as free will and responsibility. This volume represents a first serious attempt to address questions of law as reflecting brain activity, emphasizing that it is the organization and functioning of the brain that determines how we enact and obey laws. It applies the most recent developments in brain science to debates over criminal responsibility, cooperation and punishment, deception, moral and legal judgment, property, evolutionary psychology, law and economics, and decision-making by judges and juries. Written and edited by leading specialists from a range of disciplines, the book presents a groundbreaking and challenging new look at human behaviour.

  • Considers the societal and political implications of our new found knowledge from the neurosciences
  • Applies the most recent developments in brain science to debates over criminal responsibility, cooperation and punishment, deception, moral and legal judgment, property, evolutionary psychology, law and economics, and decision-making by judges and juries
  • Written and edited by leading specialists spanning neurobiology and the law

Subjects:
Medical Law and Bioethics
Contents:
Introduction;
1. Semir Zeki & Oliver Goodenough: Law and the Brain - an introduction
Introductory Essays;
2. Morris Hoffman: The neuroeconomic path of the law
3. Erin O'Hara: How neuroscience might advance the law
Law, Biology and the Brain
4. Robert Hinde: Law and the sources of morality
5. Owen Jones: Law, evolution and the brain: applications and open questions
6. Oliver Goodenough & Kristin Prehn: A neuroscientific approach to normative judgment in law and justice
Neuroeconomics and Law;
7. Terrence Chorvath & Kevin McCabe: The brain and the law
8. Paul Zak: Neuroeconomics
Decision Making and Evidence;
9. Jonathan Fugelsang & Kevin Dunbar: A cognitive neuroscience framework for understanding causal reasoning and the law
Truthfulness;
10. Sean Spence et al: A cognitive neurobiological account of deception: evidence from functional neuroimaging
Property in Biology and the Brain
11. Jeffrey Stake: The property 'instinct'
Criminal Responsibility and Punishment;
12. Joshua Greene & Jonathan Cohen: For the law, neuroscience changes nothing and everything
13. Robert Sapolsky: The frontal cortex and the criminal justice system
14. Abigail Baird & Jonathan Fugelsang: The emergence of consequential thought: evidence from neuroscience
15. Oliver Goodenough: Responsibility and punishment: whose mind? A response