Philosophical foundations of law and neuroscience
Title: Philosophical foundations of law and neuroscience
Citation: Oxford : Oxford University Press, 2016
The intersection between law and neuroscience has been a focus of intense research for the past decade, as an unprecedented amount of attention has been triggered by the increased use of neuroscientific evidence in courts. While the majority of this attention is currently devoted to criminal law, including capital cases, the wide-ranging proposals for how neuroscience may inform issues of law and public policy extend to virtually every substantive area in law. Bringing together the latest work from leading scholars in the field, this volume examines the philosophical issues that inform this emerging and vibrant subfield of law. From discussions featuring the philosophy of the mind to neuroscience-based lie detection, each chapter addresses foundational questions that arise in the application of neuroscientific technology in the legal sphere.
Subject: Neuroscientific evidence; Criminal law; Capital cases; Public policy; Neuroscience
Table of Contents:
Introduction to Philosophical Foundations of Law and Neuroscience / Dennis Patterson and Michael S. Pardo -- 1 Free Will as a Matter of Law / Adam J. Kolber -- 2 The Inevitable Mind in the Age of Neuroscience / Stephen J. Morse -- 3 A Neurological Foundation for Freedom / Nita A. Farahany -- 4 The Place for Neuroscience in Criminal Law / Deborah W. Denno -- 5 Lie-detection, Neuroscience, and the Law of Evidence / Frederick Schauer -- Dualism and Doctrine / Dov Fox and Alex Stein -- 7 Mind-reading by Brain-reading and Criminal Responsibility / Gideon Yaffe -- 8 Unconscious Mens Rea: Lapses, Negligence, and Criminal Responsibility / Katrina L. Sifferd -- 9 The Neuroscience of Volitional Excuse / Michael S. Moore -- 10 The Promise of Neuroscience for Law / Michael S. Pardo and Dennis Patterson
Type of Access: openAccess