Law and the Brain

Law and the Brain PDF Author: Semir Zeki
Publisher: OUP Oxford
ISBN: 0191589438
Category : Psychology
Languages : en
Pages : 290

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Book Description
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.

Law and Neuroscience

Law and Neuroscience PDF Author: Owen D. Jones
Publisher: Aspen Publishing
ISBN: 1543801099
Category : Medical
Languages : en
Pages : 1004

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Book Description
The implications for law of new neuroscientific techniques and findings are now among the hottest topics in legal, academic, and media venues. Law and Neuroscience—a collaboration of professors in law, neuroscience, and biology—is the first and still only coursebook to chart this new territory, providing the world’s most comprehensive collection of neurolaw materials. This text will be of interest to many professors teaching Criminal Law and Torts courses, who would like to incorporate the most current thinking on how biology intersects with the law. New to the Second Edition: Extensively revised chapters, updated with new findings and materials. New chapter on Aging Brains Hundreds of new references and citations to recent developments. Over 600 new references and citations to recent developments, with 260 new readings, including 27 new case selections Highly current material; 45% of cases and publications in the Second Edition were published since the first edition in 2014 Professors and students will benefit from: Technical subjects explained in an accessible manner Extensive glossary of key terms Photos and illustrations enliven the text Professors of any background can teach this course

Neuroscience and Law

Neuroscience and Law PDF Author: Antonio D’Aloia
Publisher: Springer Nature
ISBN: 3030388409
Category : Law
Languages : en
Pages : 563

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Book Description
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.

Minds, Brains, and Law

Minds, Brains, and Law PDF Author: Michael S. Pardo
Publisher: OUP Us
ISBN: 0199812136
Category : Law
Languages : en
Pages : 269

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Book Description
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.

The Moral Conflict of Law and Neuroscience

The Moral Conflict of Law and Neuroscience PDF Author: Peter A. Alces
Publisher: University of Chicago Press
ISBN: 022651353X
Category : Law
Languages : en
Pages : 392

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Book Description
"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.

A Primer on Criminal Law and Neuroscience

A Primer on Criminal Law and Neuroscience PDF Author: Stephen J. Morse
Publisher: Oxford University Press
ISBN: 0199859183
Category : Medical
Languages : en
Pages : 318

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Book Description
(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.

Memory and Law

Memory and Law PDF Author: Lynn Nadel
Publisher: Oxford University Press
ISBN: 0199920753
Category : Law
Languages : en
Pages : 409

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Book Description
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.

Responsible Brains

Responsible Brains PDF Author: William Hirstein
Publisher: MIT Press
ISBN: 0262038781
Category : Psychology
Languages : en
Pages : 306

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Book Description
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.

Neurolaw

Neurolaw PDF Author: Sjors Ligthart
Publisher: Springer Nature
ISBN: 3030692779
Category : Psychology
Languages : en
Pages : 288

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Book Description
This edited book provides an in-depth examination of the implications of neuroscience for the criminal justice system. It draws together experts from across law, neuroscience, medicine, psychology, criminology, and ethics, and offers an important contribution to current debates at the intersection of these fields. It examines how neuroscience might contribute to fair and more effective criminal justice systems, and how neuroscientific insights and information can be integrated into criminal law in a way that respects fundamental rights and moral values. The book’s first part approaches these questions from a legal perspective, followed by ethical accounts in part two. Its authors address a wide range of topics and approaches: some more theoretical, like those regarding the foundations of punishment; others are more practical, like those concerning the use of brain scans in the courtroom. Together, they illustrate the thoroughly interdisciplinary nature of the debate, in which science, law and ethics are closely intertwined. It will appeal in particular to students and scholars of law, neuroscience, criminology, socio-legal studies and philosophy. Chapter 8 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Handbook on Psychopathy and Law

Handbook on Psychopathy and Law PDF Author: Kent A. Kiehl
Publisher: Oxford University Press, USA
ISBN: 0199841381
Category : Law
Languages : en
Pages : 408

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Book Description
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.

Law and the Brain

Law and the Brain PDF Author: Semir Zeki
Publisher: OUP Oxford
ISBN: 0191589438
Category : Psychology
Languages : en
Pages : 290

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Book Description
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.