Minds, brains, and law : the conceptual foundations of law and neuroscience
Title: Minds, brains, and law : the conceptual foundations of law and neuroscience
Citation: Oxford ; New York, : Oxford University Press, 2013
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.
Table of 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