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

ISBN-13: 9780199812134 / Angielski / Twarda / 2013 / 272 str.

Michael S. Pardo; Dennis Patterson

Opis

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.

Recenzje

It is a valuable resource for policymakers and scholars in criminal law, constitutional law, and penal theory. I highly recommend this book for all academic law libraries for its in-depth philosophical discussion of neuroscience and legal theory.

O autorze

Michael S. Pardo is the Henry Upson Sims Professor of Law at the University of Alabama School of Law. His scholarship explores epistemological issues in the areas of evidence, criminal procedure, civil procedure, and jurisprudence, with a specific focus regarding evidence and legal proof. He is the co-author of the fifth edition of Evidence: Text, Problems, and Cases (2011, with Allen, Kuhns, Swift, and Schwartz). He received his JD from Northwestern University School of Law. Dennis Patterson is the chair in Legal Philosophy and Legal Theory at the European University Institute, and is also the Board of Governors Professor of Law and Philosophy at Rutgers University School of Law, and chair in Jurisprudence and International Trade at Swansea University. His scholarship includes commercial law, trade law, and legal philosophy. Patterson is the author of Law and Truth (Oxford University Press, 1996) and The New Global Trading Order (2008, with Ari Afilalo).