European University Institute Library

Minds, brains, and law, the conceptual foundations of law and neuroscience, Michael S. Pardo, Dennis Patterson

eng

Includes bibliographical references and index

index present

non fiction

Minds, brains, and law

bibliography

837924621

Michael S. Pardo, Dennis Patterson

the conceptual foundations of law and neuroscience

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 --, Provided by Publisher

Introduction Chapter One: Philosophical Issues I. The Conceptual and the Empirical II. Criterial and Inductive Evidence III. Unconscious Rule Following IV. Interpretation V. Knowledge VI. The Mereological Fallacy Chapter Two: The Concept of Mind I. Neuro-Reductionism II. Eliminative Materialism and the "Theory" of Folk Psychology III. Two Examples of Neuro-Reductionism and Its Implications for Law IV. Conceptions of Mind and the Role of Neuroscience in Law Chapter Three: Neuroscience and Legal Theory: Jurisprudence, Morality, and Economics I. Jurisprudence II. Emotion and Moral Judgments III. Mind, Moral Grammar, and Knowledge IV. Neuroeconomics Chapter Four: Brain-Based Lie Detection I. fMRI Lie Detection II. EEG Lie Detection ("Brain Fingerprinting") III. Analysis: Empirical, Conceptual, and Practical Issues Chapter Five: Criminal Law Doctrine I. Actus reus II. Mens rea III. Insanity Chapter Six: Criminal Procedure I. Fourth Amendment II. Fifth Amendment III. Due Process Chapter Seven: Theories of Criminal Punishment I. A Brief Taxonomy of Theories of Criminal Punishment II. The First Challenge: Brains and Punishment Decisions III. The Second Challenge: Neuroscience and Intuitions about Punishment