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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.
This book investigates the conceptual and practical challenges inherent in integrating neuroscientific research and technology into the framework of the legal system. Authors Dennis Patterson and Michael S. Pardo, both scholars in law and philosophy, utilize a rigorous analytical approach to evaluate how neuroscientific evidence—such as fMRI and EEG data—interacts with established legal doctrines. They argue that many current applications of neuroscience in law suffer from fundamental conceptual errors, particularly regarding the definition of mental states and their relationship to legal responsibility.
What You Will Find
Experts and legal scholars frequently cite this work as a foundational text for understanding the conceptual pitfalls of neuro-law. Readers often note the academic density of the prose, which requires a strong background in both legal theory and philosophy to fully appreciate the authors' arguments.
Page Count:
276
Publication Date:
2013-01-01
Publisher:
Oxford University Press
ISBN-10:
0199370079
ISBN-13:
9780199370078
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