Law Mind And Brain

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Law, Mind and Brain

Author : Michael Freeman,Oliver R. Goodenough
Publisher : Routledge
Page : 403 pages
File Size : 40,5 Mb
Release : 2017-05-15
Category : Social Science
ISBN : 9781317107439

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Law, Mind and Brain by Michael Freeman,Oliver R. Goodenough Pdf

Over the past 20 years, cognitive neuroscience has revolutionized our ability to understand the nature of human thought. Working with the understandings of traditional psychology, the new brain science is transforming many disciplines, from economics to literary theory. These developments are now affecting the law and there is an upsurge of interest in the potential of neuroscience to contribute to our understanding of criminal and civil law and our system of justice in general. The international and interdisciplinary chapters in this volume are written by experts in criminal behaviour, civil law and jurisprudence. They concentrate on the potential of neuroscience to increase our understanding of blame and responsibility in such areas as juveniles and the death penalty, evidence and procedure, neurological enhancement and treatment, property, end-of-life choices, contracting and the effects of words and pictures in law. This collection suggests that legal scholarship and practice will be increasingly enriched by an interdisciplinary study of law, mind and brain and is a valuable addition to the emerging field of neurolaw.

Law and Mind

Author : Bartosz Brożek,Jacob Cornelis Hage,Jaap Hage,Nicole Vincent
Publisher : Cambridge University Press
Page : 535 pages
File Size : 47,9 Mb
Release : 2021-04-29
Category : Law
ISBN : 9781108486002

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Law and Mind by Bartosz Brożek,Jacob Cornelis Hage,Jaap Hage,Nicole Vincent Pdf

This volume offers a novel look at the intricate relationship between the cognitive sciences and various dimensions of the law.

Minds, Brains, and Law

Author : Michael S. Pardo,Dennis Patterson
Publisher : Oxford University Press
Page : 272 pages
File Size : 44,5 Mb
Release : 2013-10-14
Category : Law
ISBN : 9780199370078

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Minds, Brains, and Law by Michael S. Pardo,Dennis Patterson Pdf

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.

Rights Come to Mind

Author : Joseph Fins
Publisher : Cambridge University Press
Page : 395 pages
File Size : 48,8 Mb
Release : 2015-08-11
Category : Law
ISBN : 9780521887502

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Rights Come to Mind by Joseph Fins Pdf

Joseph J. Fins calls for a reconsideration of severe brain injury treatment, including discussion of public policy and physician advocacy.

Law and the Brain

Author : Semir Zeki,Oliver Goodenough
Publisher : OUP Oxford
Page : 296 pages
File Size : 41,9 Mb
Release : 2006-02-23
Category : Psychology
ISBN : 9780191589430

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Law and the Brain by Semir Zeki,Oliver Goodenough Pdf

The past 20 years have seen unparalleled advances in neurobiology, with findings from neuroscience being used to shed light on a range of human activities - many historically the province of those in the humanities and social sciences - aesthetics, emotion, consciousness, music. Applying this new knowledge to law seems a natural development - the making, considering, and enforcing of law of course rests on mental processes. However, where some of those activities can be studied with a certain amount of academic detachment, what we discover about the brain has considerable implications for how we consider and judge those who follow or indeed flout the law - with inevitable social and political consequences. There are real issues that the legal system will face as neurobiological studies continue to relentlessly probe the human mind - the motives for our actions, our decision making processes, and such issues as free will and responsibility. This volume represents a first serious attempt to address questions of law as reflecting brain activity, emphasizing that it is the organization and functioning of the brain that determines how we enact and obey laws. It applies the most recent developments in brain science to debates over criminal responsibility, cooperation and punishment, deception, moral and legal judgment, property, evolutionary psychology, law and economics, and decision-making by judges and juries. Written and edited by leading specialists from a range of disciplines, the book presents a groundbreaking and challenging new look at human behaviour.

Law and the Brain

Author : Oliver R. Goodenough,Semir Zeki
Publisher : Oxford University Press, USA
Page : 290 pages
File Size : 45,5 Mb
Release : 2006
Category : Law
ISBN : 9780198570110

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Law and the Brain by Oliver R. Goodenough,Semir Zeki Pdf

Applying our new found knowledge from neuroscience to the discipline of law seems a natural development - the making, considering, and enforcing of law of course rests on mental processes. However, there are real issues that the legal system will face as neurobiological studies continue to relentlessly probe the human mind. This volume represents the first serious attempt to address questions of law as reflecting brain activity, emphasizing that it is the organization and functioning of the brain that determines how we enact and obey laws.

Responsible Brains

Author : William Hirstein,Katrina L. Sifferd,Tyler K. Fagan
Publisher : MIT Press
Page : 305 pages
File Size : 49,9 Mb
Release : 2023-09-19
Category : Psychology
ISBN : 9780262549271

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Responsible Brains by William Hirstein,Katrina L. Sifferd,Tyler K. Fagan Pdf

An examination of the relationship between the brain and culpability that offers a comprehensive neuroscientific theory of human responsibility. When we praise, blame, punish, or reward people for their actions, we are holding them responsible for what they have done. Common sense tells us that what makes human beings responsible has to do with their minds and, in particular, the relationship between their minds and their actions. Yet the empirical connection is not necessarily obvious. The “guilty mind” is a core concept of criminal law, but if a defendant on trial for murder were found to have serious brain damage, which brain parts or processes would have to be damaged for him to be considered not responsible, or less responsible, for the crime? What mental illnesses would justify legal pleas of insanity? In Responsible Brains, philosophers William Hirstein, Katrina Sifferd, and Tyler Fagan examine recent developments in neuroscience that point to neural mechanisms of responsibility. Drawing on this research, they argue that evidence from neuroscience and cognitive science can illuminate and inform the nature of responsibility and agency. They go on to offer a novel and comprehensive neuroscientific theory of human responsibility. The authors' core hypothesis is that responsibility is grounded in the brain's prefrontal executive processes, which enable us to make plans, shift attention, inhibit actions, and more. The authors develop the executive theory of responsibility and discuss its implications for criminal law. Their theory neatly bridges the folk-psychological concepts of the law and neuroscientific findings.

The Emotional Brain and the Guilty Mind

Author : Federica Coppola
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 52,7 Mb
Release : 2021-02-11
Category : Law
ISBN : 9781509934300

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The Emotional Brain and the Guilty Mind by Federica Coppola Pdf

This book seeks to reframe the normative narrative of the 'culpable person' in American criminal law through a more humanising lens. It embraces such a reframed narrative to revise the criteria of the current voluntarist architecture of culpability and to advance a paradigm of punishment that positions social rehabilitation as its core principle. The book constructs this narrative by considering behavioural and neuroscientific insights into the functions of emotions, and socio-environmental factors within moral behaviour in social settings. Hence, it suggests culpability notions that reflect a more contextualised view of human conduct, and argues that such revised notions are better suited to the principle of personal guilt. Furthermore, it suggests a model of 'punishment' that values the dynamic power of change of individuals, and acknowledges the importance of social relationships and positive environments to foster patterns of social (re)integration. Ultimately, this book argues that the potential adoption of the proposed models of culpability and punishment, which view people through a more comprehensive lens, may be a key factor for turning criminal justice into a less punitive, more inclusionary and non-stigmatising system.

Neuroscience and Legal Responsibility

Author : Nicole A Vincent
Publisher : Oxford University Press
Page : 404 pages
File Size : 41,8 Mb
Release : 2013-03-07
Category : Law
ISBN : 9780199925605

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Neuroscience and Legal Responsibility by Nicole A Vincent Pdf

Adopting a broadly compatibilist approach, this volume's authors argue that the behavioral and mind sciences do not threaten the moral foundations of legal responsibility. Rather, these sciences provide fresh insight into human agency and updated criteria as well as powerful diagnostic and intervention tools for assessing and altering minds.

Neurolaw and Responsibility for Action

Author : Bebhinn Donnelly-Lazarov,Dennis Michael Patterson,Peter Raynor
Publisher : Cambridge University Press
Page : 313 pages
File Size : 45,7 Mb
Release : 2018-05-03
Category : Law
ISBN : 9781108428705

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Neurolaw and Responsibility for Action by Bebhinn Donnelly-Lazarov,Dennis Michael Patterson,Peter Raynor Pdf

Examines the particularly prescient implications that neuroscience has for legal responsibility, highlighting the philosophical and practical challenges that arise.

Downward Causation and the Neurobiology of Free Will

Author : Nancey Murphy,George F.R. Ellis,Timothy O'Connor
Publisher : Springer
Page : 291 pages
File Size : 43,5 Mb
Release : 2009-09-30
Category : Science
ISBN : 9783642032059

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Downward Causation and the Neurobiology of Free Will by Nancey Murphy,George F.R. Ellis,Timothy O'Connor Pdf

How is free will possible in the light of the physical and chemical underpinnings of brain activity and recent neurobiological experiments? How can the emergence of complexity in hierarchical systems such as the brain, based at the lower levels in physical interactions, lead to something like genuine free will? The nature of our understanding of free will in the light of present-day neuroscience is becoming increasingly important because of remarkable discoveries on the topic being made by neuroscientists at the present time, on the one hand, and its crucial importance for the way we view ourselves as human beings, on the other. A key tool in understanding how free will may arise in this context is the idea of downward causation in complex systems, happening coterminously with bottom up causation, to form an integral whole. Top-down causation is usually neglected, and is therefore emphasized in the other part of the book’s title. The concept is explored in depth, as are the ethical and legal implications of our understanding of free will. This book arises out of a workshop held in California in April of 2007, which was chaired by Dr. Christof Koch. It was unusual in terms of the breadth of people involved: they included physicists, neuroscientists, psychiatrists, philosophers, and theologians. This enabled the meeting, and hence the resulting book, to attain a rather broader perspective on the issue than is often attained at academic symposia. The book includes contributions by Sarah-Jayne Blakemore, George F. R. Ellis , Christopher D. Frith, Mark Hallett, David Hodgson, Owen D. Jones, Alicia Juarrero, J. A. Scott Kelso, Christof Koch, Hans Küng, Hakwan C. Lau, Dean Mobbs, Nancey Murphy, William Newsome, Timothy O’Connor, Sean A.. Spence, and Evan Thompson.

Neuroscience and the Law

Author : Brent Garland
Publisher : Unknown
Page : 229 pages
File Size : 50,9 Mb
Release : 2004
Category : Law
ISBN : 1932594043

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Neuroscience and the Law by Brent Garland Pdf

A report on an invitational meeting convened by the American Association for the Advancement of Science and the Dana Foundation.

Legal Insanity and the Brain

Author : Sofia Moratti,Dennis Patterson
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 52,9 Mb
Release : 2016-10-20
Category : Law
ISBN : 9781509902330

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Legal Insanity and the Brain by Sofia Moratti,Dennis Patterson Pdf

This landmark publication offers a unique comparative and interdisciplinary study of criminal insanity and neuroscience. Criminal law theories and ideologies which underpin the regulation of criminal insanity have always been the subject of controversy. The history of criminal insanity is characterised by conceptual and empirical tension between two disciplinary realms: the law and the mind sciences. The authors in this anthology explore in depth the state of the art of legal insanity and the numerous intricate, fascinating, pioneering and sophisticated questions raised by the integration of different criminal law and behaviour theories, diverse disciplines and methodologies, in a genuinely interdisciplinary perspective. This volume will serve as a practical guide for the comparative legal scholar and the judge, as well as stimulating scholarly reading for the neuroscientist, the social scientist and the philosopher with interdisciplinary scientific interests.

Your Brain and Law School

Author : Marybeth Herald
Publisher : Unknown
Page : 0 pages
File Size : 55,5 Mb
Release : 2014
Category : Cognitive learning
ISBN : 1611632269

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Your Brain and Law School by Marybeth Herald Pdf

Based on the latest research, this entertaining, practical guide offers law students a formula for success in school, on the bar exam, and as a practicing attorney. Mastering the law, either as a law student or in practice, becomes much easier if one has a working knowledge of the brain's basic habits. Before you can learn to think like a lawyer, you have to have some idea about how the brain thinks. The first part of this book translates the technical research, explaining learning strategies that work for the brain in law school specifically, and calling out other tactics that are useless (though often popular lures for the misinformed). This book is unique in explaining the science behind the advice and will save you from pursuing tempting shortcuts that will take you in the wrong direction. The second part explores the brain's decision-making processes and cognitive biases. These biases affect the ability to persuade, a necessary skill of the successful lawyer. The book talks about the art and science of framing, the seductive lure of the confirmation and egocentric biases, and the egocentricity of the availability bias. This book uses easily recognizable examples from both law and life to illustrate the potential of these biases to draw humans to mistaken judgments. Understanding these biases is critical to becoming a successful attorney and gaining proficiency in fashioning arguments that appeal to the sometimes quirky processing of the human brain. This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the McGeorge School of Law, University of the Pacific. Your Brain and Law School was a finalist in the Best Published Self-Help and Psychology category of the 2015 San Diego Book Awards

The Emotional Brain and the Guilty Mind

Author : Federica Coppola
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 41,6 Mb
Release : 2021-02-11
Category : Law
ISBN : 9781509934317

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The Emotional Brain and the Guilty Mind by Federica Coppola Pdf

This book seeks to reframe the normative narrative of the 'culpable person' in American criminal law through a more humanising lens. It embraces such a reframed narrative to revise the criteria of the current voluntarist architecture of culpability and to advance a paradigm of punishment that positions social rehabilitation as its core principle. The book constructs this narrative by considering behavioural and neuroscientific insights into the functions of emotions, and socio-environmental factors within moral behaviour in social settings. Hence, it suggests culpability notions that reflect a more contextualised view of human conduct, and argues that such revised notions are better suited to the principle of personal guilt. Furthermore, it suggests a model of 'punishment' that values the dynamic power of change of individuals, and acknowledges the importance of social relationships and positive environments to foster patterns of social (re)integration. Ultimately, this book argues that the potential adoption of the proposed models of culpability and punishment, which view people through a more comprehensive lens, may be a key factor for turning criminal justice into a less punitive, more inclusionary and non-stigmatising system.