Legal insanity and the brain : science, law and European Courts
Title: Legal insanity and the brain : science, law and European Courts
Citation: Portland : Hart Publishing, 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.
Table of Contents:
-- 1. Introduction / Sofia Moratti and Dennis Patterson -- 2. The Neurobiology of Antisocial and Amoral Behaviour: Insights from Brain Science and Implications for Law / Cole Korponay and Michael Koenigs -- 3. 'Neuroscepticism' in the Courtroom: The Limited Role of Neuroscientific Evidence in Belgian Criminal Proceedings / Katrien Hanoulle and Frank Verbruggen -- 4. France. Is the Evidence Too Cerebral to Be Cartesian? / Claire Saas and Rafael Encinas de Muñagorri -- 5. 'Not Guilty by Reason of Insanity' in the Italian Jurisdiction. A Neuroscience Revolution? / Barbara Bottalico and Amedeo Santosuosso -- 6. Legal Insanity and Neurolaw in the Netherlands: Developments and Debates / Gerben Meynen -- 7. On the Abolition and Reintroduction of Legal Insanity in Sweden / Tova Bennet and Susanna Radovic -- 8. Abolishing the Insanity Verdict in the United Kingdom: A Better Balance Between Legal Rules and Scientific Understanding? / Lisa Claydon and Paul Catley -- 9. Legal Insanity in the Age of Neuroscience / Stephen J Morse -- Index