Minds, Brains, and Law: The Conceptual Foundations of Law and Neuroscience

Hardcover | November 13, 2013

byMichael S. Pardo, Dennis Patterson

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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 thebrain 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 criminaltrials 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 ofneuroscience 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 thatPardo and Patterson seek to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.

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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 thebrain by using new techniques such as functiona...

Michael S. Pardo is the Henry Upson Sims Professor of Law at the University of Alabama School of Law. His scholarship explores epistemological issues in the areas of evidence, criminal procedure, civil procedure, and jurisprudence, with a specific focus regarding evidence and legal proof. He is the co-author of the fifth edition of Ev...

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Format:HardcoverDimensions:240 pages, 9.25 × 6.12 × 0.98 inPublished:November 13, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199812136

ISBN - 13:9780199812134

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Table of Contents

PrefaceIntroduction1. Philosophical IssuesI. The Conceptual and the EmpiricalII. Criterial and Inductive EvidenceIII. Unconscious Rule FollowingIV. InterpretationV. KnowledgeVI. The Mereological Fallacy2. The Concept of MindI. Neuro-ReductionismII. Eliminative Materialism and the "Theory" of Folk PsychologyIII. Two Examples of Neuro-Reductionism and Its Implications for LawIV. Conceptions of Mind and the Role of Neuroscience in Law3. Neuroscience and Legal Theory: Jurisprudence, Morality, and EconomicsI. JurisprudenceII. Emotion and Moral JudgmentsIII. Mind, Moral Grammar, and KnowledgeIV. Neuroeconomics4. Brain-Based Lie DetectionI. fMRI Lie DetectionII. EEG Lie Detection ("Brain Fingerprinting")III. Analysis: Empirical, Conceptual, and Practical Issues5. Criminal Law DoctrineI. Actus reusII. Mens reaIII. Insanity6. Criminal ProcedureI. Fourth AmendmentII. Fifth AmendmentIII. Due Process7. Theories of Criminal PunishmentI. A Brief Taxonomy of Theories of Criminal PunishmentII. The First Challenge: Brains and Punishment DecisionsIII. The Second Challenge: Neuroscience and Intuitions about PunishmentConclusionBibliography