Philosophical Foundations of Neurolaw

Philosophical Foundations of Neurolaw
Author: Martin Roth
Publisher: Lexington Books
Total Pages: 233
Release: 2017-11-30
Genre: Philosophy
ISBN: 149853967X

As neuroscience continues to reveal the biological basis of human thought and behavior, what impact will this have on legal theory and practice? The emerging field of neurolaw seeks to address this question, but doing so adequately requires confronting difficult philosophical issues surrounding the nature of mind, free will, rationality, and responsibility. In The Philosophical Foundations of Neurolaw, Martin Roth claims that the central philosophical issue facing neurolaw is whether we can reconcile the conception of ourselves as free, rational, and responsible agents with the conception of ourselves as complex bio-chemical machines. Roth argues that we can reconcile these conceptions. To show this, Roth develops and defends an account of free will that identifies free will with the capacity to respond to rational demands, and he argues that this capacity is at the foundation of our thinking about responsibility. Roth also shows how the mind sciences can explain this capacity, thus revealing that a purely physical system can have the kind of free will that is relevant to responsible agency. Along the way, Roth critiques a number of arguments that purport to show that the kind of reconciliation provided is not possible. Roth concludes that though we should rethink our legal system in important ways, both in light of his account of free will and what neuroscience is poised to reveal, neuroscience does not threaten the law’s core commitment to responsible agency.

Philosophical Foundations of Law and Neuroscience

Philosophical Foundations of Law and Neuroscience
Author: Dennis Michael Patterson
Publisher: Oxford University Press
Total Pages: 273
Release: 2016
Genre: Law
ISBN: 0198743092

Bringing together the latest work from leading scholars in this emerging and vibrant subfield of law, this book examines the philosophical issues that inform the intersection between law and neuroscience.

Minds, Brains, and Law

Minds, Brains, and Law
Author: Michael S. Pardo
Publisher: Oxford University Press
Total Pages: 269
Release: 2013-09
Genre: Law
ISBN: 0199812136

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.

Philosophical Foundations of Law and Neuroscience

Philosophical Foundations of Law and Neuroscience
Author: Dennis Patterson
Publisher: Oxford University Press
Total Pages: 273
Release: 2016-07-01
Genre: Law
ISBN: 0191060828

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.

Neurolaw and Responsibility for Action

Neurolaw and Responsibility for Action
Author: Bebhinn Donnelly-Lazarov
Publisher: Cambridge University Press
Total Pages: 313
Release: 2018-05-03
Genre: Law
ISBN: 1108635202

Law regulates human behaviour, a phenomenon about which neuroscience has much to say. Neuroscience can tell us whether a defendant suffers from a brain abnormality, or injury and it can correlate these neural deficits with criminal offending. Using fMRI and other technologies it might indicate whether a witness is telling lies or the truth. It can further propose neuro-interventions to 'change' the brains of offenders and so to reduce their propensity to offend. And, it can make suggestions about whether a defendant knows or merely suspects a prohibited state of affairs; so, drawing distinctions among the mental states that are central to legal responsibility. Each of these matters has philosophical import; is a neurological 'deficit' inculpatory or exculpatory; what is the proper role for law if the mind is no more than the brain; is lying really a brain state and can neuroscience really 'read' the brain? In this edited collection, leading contributors to the field provide new insights on these matters, bringing to light the great challenges that arise when disciplinary boundaries merge.

Law and Neuroscience

Law and Neuroscience
Author: Owen D. Jones
Publisher: Aspen Publishing
Total Pages: 1004
Release: 2020-09-15
Genre: Medical
ISBN: 1543801099

"Coursebook on law and neuroscience, including the bearing of neuroscience on criminal law, criminal procedure, and evidence"--

The End of the Law?

The End of the Law?
Author: David W. Opderbeck
Publisher: Wipf and Stock Publishers
Total Pages: 230
Release: 2021-08-12
Genre: Religion
ISBN: 1498223907

Does neuroscience show that all our ideas about law and ethics are false? David Opderbeck answers this question with a broad and deep survey of the relationship between theology, science, and ethics. He proposes that Christian theology, which narrates the humanity and divinity of Christ, in conversation with the new Aristotelianism in the philosophy of science, provides a path through secular and religious fundamentalisms alike.

Neurolaw

Neurolaw
Author: Eugenio Picozza
Publisher: Springer
Total Pages: 287
Release: 2016-09-27
Genre: Law
ISBN: 3319414410

This volume illustrates to the public, and legal experts, the basic principles of the field of neuroscience, that commonly goes under the name of Neurolaw. First, it illustrates the relationship between neuroscience, natural sciences and social sciences. Furthermore, it highlights numerous problems concerning the fundamental philosophical concepts used by Neurolaw and evaluates the validity of the method and the limits of a neuroscientific approach to the problems of law and justice.The volume explores the possibility of application of these concepts on the fundamentals of the general theory of law and legal dogmatics. It also examines the main problems of Neurolaw in relation to public, private, criminal and procedural law. In conclusion, the book follows a systematic method that makes it an thorough manual for the introduction to Neurolaw.

Neurolaw: The Call for Adjusting Theory Based on Scientific Results

Neurolaw: The Call for Adjusting Theory Based on Scientific Results
Author: José M. Muñoz
Publisher: Frontiers Media SA
Total Pages: 149
Release: 2020-12-10
Genre: Science
ISBN: 288966208X

This eBook is a collection of articles from a Frontiers Research Topic. Frontiers Research Topics are very popular trademarks of the Frontiers Journals Series: they are collections of at least ten articles, all centered on a particular subject. With their unique mix of varied contributions from Original Research to Review Articles, Frontiers Research Topics unify the most influential researchers, the latest key findings and historical advances in a hot research area! Find out more on how to host your own Frontiers Research Topic or contribute to one as an author by contacting the Frontiers Editorial Office: frontiersin.org/about/contact.

Neurolaw

Neurolaw
Author: Sjors Ligthart
Publisher: Springer Nature
Total Pages: 278
Release: 2021-05-05
Genre: Psychology
ISBN: 3030692779

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.