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Vol 23 No 5 May/June 2018

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Law, Mind and Brain

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Edited by: Michael Freeman, Oliver R. Goodenough

ISBN13: 9780754670131
Published: March 2009
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £110.00

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The development of mechanical ventilation and the emergence of heart transplantation has, since the 1960s, necessitated a new definition of death, focusing on the brain in the living human. Revolutionizing neuroscience and medicine, these developments have led to an upsurge of interest in the potential of neuroscience to contribute to our understanding of criminal law and justice.

The international and interdisciplinary chapters in this volume are written by experts in criminal behaviour and justice. These chapters concentrate on the potential of neuroscience to increase our understanding of blame and responsibility in such areas as juveniles and the death penalty, evidence and procedure, neurological enhancement and treatment, property, end-of-life choices, contracting and the effects of words and pictures in law. Suggesting that legal scholarship and practice will be increasingly enriched by an interdisciplinary study of law, mind and brain, this collection is a valuable addition to the emerging field of neurolaw.

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Medical Law, Criminal Law
Preface; Introduction, Michael Freeman and Oliver R. Goodenough; Law, responsibility and the brain, Dean Mobbs, Hakwan C. Lau, Owen D. Jones and Christopher D. Frith; Brain imaging and courtroom evidence: on the admissibility and persuasiveness of fMRI, Neal Feigenson; Mind the gap: problems of mind, body and brain in the criminal law, Lisa Claydon; Self-exclusion agreements: should we be free not to be free to ruin ourselves? Gambling, self-exclusion agreements and the brain, Florian Wagner-Von Papp; The problems with blaming, Theodore Y. Blumoff; Why distinguish 'mental' and 'physical' illness in law of involuntary treatment?, John Dawson and George Szmukler; A stable paradigm: revisiting capacity, vulnerability and the rights and claims of adolescents after Roper v. Simmons, Catherine J. Ross; Thinking like a child: legal implications of recent developments in brain research for juvenile offenders, Katharine Hunt Federle and Paul Skendelas; Legal implications of memory-dampening, Adam Kolber; Reframing the good death: enhancing choice in dying, neuroscience, end-of-life research and the potential of psychedelics in palliative care, Robin Mackenzie; Equality in exchange revisited from an evolutionary (genetic and cultural) point of view, Bart Du Laing; Just (and efficient?) compensation for government expropriations, Jeffrey Evans Stake; Examining the biological bases of family law: lessons to be learned from the evolutionary analysis of law, June Carbone and Naomi Cahn; Why do good people steal intellectual property?, Oliver R.Goodenough and Gregory Decker; Cues in the courtroom: when do they improve jurors' decisions?, Cheryl Boudreau; Reflections on reading: words and pictures and law, Christina Spiesel; Index.