Oliver Wendell Holmes Jr Pragmatism And Neuroscience

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Oliver Wendell Holmes Jr., Pragmatism and Neuroscience

Jay Schulkin
Oliver Wendell Holmes Jr Pragmatism and Neuroscience Book PDF

Author : Jay Schulkin
Publisher : Springer
Page : 355 pages
File Size : 49,8 Mb
Release : 2019-08-17
Category : Philosophy
ISBN : 9783030231002

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Oliver Wendell Holmes Jr., Pragmatism and Neuroscience by Jay Schulkin Pdf

This book explores the cultures of philosophy and the law as they interact with neuroscience and biology, through the perspective of American jurist Oliver Wendell Holmes’ Jr., and the pragmatist tradition of John Dewey. Schulkin proposes that human problem solving and the law are tied to a naturalistic, realistic and an anthropological understanding of the human condition. The situated character of legal reasoning, given its complexity, like reasoning in neuroscience, can be notoriously fallible. Legal and scientific reasoning is to be understood within a broader context in order to emphasize both the continuity and the porous relationship between the two. Some facts of neuroscience fit easily into discussions of human experience and the law. However, it is important not to oversell neuroscience: a meeting of law and neuroscience is unlikely to prove persuasive in the courtroom any time soon. Nevertheless, as knowledge of neuroscience becomes more reliable and more easily accepted by both the larger legislative community and in the wider public, through which neuroscience filters into epistemic and judicial reliability, the two will ultimately find themselves in front of a judge. A pragmatist view of neuroscience will aid and underlie these events.

The Boundaries of Consciousness: Neurobiology and Neuropathology

Steven Laureys
The Boundaries of Consciousness Neurobiology and Neuropathology Book PDF

Author : Steven Laureys
Publisher : Elsevier
Page : 632 pages
File Size : 46,8 Mb
Release : 2006-06-09
Category : Medical
ISBN : 0080476201

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The Boundaries of Consciousness: Neurobiology and Neuropathology by Steven Laureys Pdf

Consciousness is one of the most significant scientific problems today. Renewed interest in the nature of consciousness - a phenomenon long considered not to be scientifically explorable, as well as increasingly widespread availability of multimodal functional brain imaging techniques (EEG, ERP, MEG, fMRI and PET), now offer the possibility of detailed, integrated exploration of the neural, behavioral, and computational correlates of consciousness. The present volume aims to confront the latest theoretical insights in the scientific study of human consciousness with the most recent behavioral, neuroimaging, electrophysiological, pharmacological and neuropathological data on brain function in altered states of consciousness such as: brain death, coma, vegetative state, minimally conscious state, locked-in syndrome, dementia, epilepsy, schizophrenia, hysteria, general anesthesia, sleep, hypnosis, and hallucinations. The interest of this is threefold. First, patients with altered states of consciousness continue to represent a major clinical problem in terms of clinical assessment of consciousness and daily management. Second, the exploration of brain function in altered states of consciousness represents a unique lesional approach to the scientific study of consciousness and adds to the worldwide effort to identify the "neural correlate of consciousness". Third, new scientific insights in this field have major ethical and social implications regarding our care for these patients.

Law and the Brain

Semir Zeki,Oliver Goodenough
Law and the Brain Book PDF

Author : Semir Zeki,Oliver Goodenough
Publisher : OUP Oxford
Page : 296 pages
File Size : 50,5 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.

Philosophical Transactions

Anonim
Philosophical Transactions Book PDF

Author : Anonim
Publisher : Unknown
Page : 1018 pages
File Size : 52,5 Mb
Release : 2004
Category : Biology
ISBN : CORNELL:31924097812881

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Philosophical Transactions by Anonim Pdf

Each issue of Transactions B is devoted to a specific area of the biological sciences, including clinical science. All papers are peer reviewed and edited to the highest standards. Published on the 29th of each month, Transactions B is essential reading for all biologists.

Trialectic

Peter A. Alces
Trialectic Book PDF

Author : Peter A. Alces
Publisher : University of Chicago Press
Page : 311 pages
File Size : 47,5 Mb
Release : 2023-08-16
Category : Philosophy
ISBN : 9780226827506

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Trialectic by Peter A. Alces Pdf

"Emerging neuroscientific insights are changing our understanding of what it means to be human. The resulting reconceptualization continues to impact law and the fit between law and morality. This book takes account of those developments and suggests that normative theory, particularly in its non-instrumental iterations, will be challenged, most profoundly. If we are, as the science suggests, nothing more than the coincidence of mechanical forces, then law and normative theory that depend on the immaterial and that would draw distinctions between the "mental" or "emotional" and the more manifestly physical are misguided, so misguided that they would actually undermine human thriving. Indeed, they already do. The ramifications of that conclusion are profound. Trialectic posits and investigates the impact of those ramifications on law"--

The Role of Science in Law

Robin Feldman
The Role of Science in Law Book PDF

Author : Robin Feldman
Publisher : Oxford University Press
Page : 235 pages
File Size : 46,9 Mb
Release : 2009
Category : Law
ISBN : 9780195368581

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The Role of Science in Law by Robin Feldman Pdf

The allure of science -- Internalization of science in modern law -- Externalization in modern law -- The repetitions of history -- The nature of law -- What is science? -- Misunderstanding the limits of science -- Improving the role of science in law.

Evolution and the Common Law

Allan C. Hutchinson
Evolution and the Common Law Book PDF

Author : Allan C. Hutchinson
Publisher : Cambridge University Press
Page : 314 pages
File Size : 55,7 Mb
Release : 2005-04-04
Category : Law
ISBN : 113944493X

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Evolution and the Common Law by Allan C. Hutchinson Pdf

This book offers a radical challenge to accounts of the common law's development. Contrary to received jurisprudential wisdom, it maintains there is no grand theory which will explain satisfactorily the dynamic interactions of change and stability in the common law's history. Offering original readings of Charles Darwin's and Hans-Georg Gadamer's works, the book shows that law is a rhetorical activity that can only be properly appreciated in its historical and political context; tradition and transformation are locked in a mutually reinforcing but thoroughly contingent embrace. In contrast to the dewy-eyed offerings of much contemporary work, it demonstrates that, like life, law is an organic process (i.e., events are the products of functional and localized causes) rather than a miraculous one (i.e., events are the result of some grand plan or intervention). In short, common law is a perpetual work-in-progress - evanescent, dynamic, messy, productive, tantalising, and bottom-up.

The Punisher's Brain

Morris B. Hoffman
The Punisher s Brain Book PDF

Author : Morris B. Hoffman
Publisher : Cambridge University Press
Page : 373 pages
File Size : 49,9 Mb
Release : 2014-04-14
Category : Law
ISBN : 9781107038066

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The Punisher's Brain by Morris B. Hoffman Pdf

Using evidence and arguments from neuroscience and evolutionary psychology, Morris B. Hoffman describes how the judge and jury system evolved.

Taming the Past

Robert W. Gordon
Taming the Past Book PDF

Author : Robert W. Gordon
Publisher : Cambridge University Press
Page : 439 pages
File Size : 49,8 Mb
Release : 2017-06-09
Category : History
ISBN : 9781107193239

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Taming the Past by Robert W. Gordon Pdf

A critical catalogue of how lawyers use history - as authority, as evocation of lost golden ages, as a nightmare to escape and as progress towards enlightenment.

Philosophy of Law: A Very Short Introduction

Raymond Wacks
Philosophy of Law A Very Short Introduction Book PDF

Author : Raymond Wacks
Publisher : OUP Oxford
Page : 152 pages
File Size : 44,9 Mb
Release : 2014-02-27
Category : Law
ISBN : 9780191510649

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Philosophy of Law: A Very Short Introduction by Raymond Wacks Pdf

The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

The Metaphysical Club

Louis Menand
The Metaphysical Club Book PDF

Author : Louis Menand
Publisher : Farrar, Straus and Giroux
Page : 569 pages
File Size : 45,5 Mb
Release : 2002-04-10
Category : Philosophy
ISBN : 9780374706388

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The Metaphysical Club by Louis Menand Pdf

The Metaphysical Club is the winner of the 2002 Pulitzer Prize for History. A national bestseller and "hugely ambitious, unmistakably brilliant" (Janet Maslin, New York Times) book about the creation of modern American thought. The Metaphysical Club was an informal group that met in Cambridge, Massachusetts, in 1872, to talk about ideas. Its members included Oliver Wendell Holmes Jr. future associate justice of the United States Supreme Court; William James, the father of modern American psychology; and Charles Sanders Peirce, logician, scientist, and the founder of semiotics. The Club was probably in existence for about nine months. No records were kept. The one thing we know that came out of it was an idea -- an idea about ideas. This book is the story of that idea. Holmes, James, and Peirce all believed that ideas are not things "out there" waiting to be discovered but are tools people invent -- like knives and forks and microchips -- to make their way in the world. They thought that ideas are produced not by individuals, but by groups of individuals -- that ideas are social. They do not develop according to some inner logic of their own but are entirely dependent-- like germs -- on their human carriers and environment. And they thought that the survival of any idea deps not on its immutability but on its adaptability. The Metaphysical Club is written in the spirit of this idea about ideas. It is not a history of philosophy but an absorbing narrative about personalities and social history, a story about America. It begins with the Civil War and s in 1919 with Justice Holmes's dissenting opinion in the case of U.S. v. Abrams-the basis for the constitutional law of free speech. The first four sections of the book focus on Holmes, James, Peirce, and their intellectual heir, John Dewey. The last section discusses some of the fundamental twentieth-century ideas they are associated with. This is a book about a way of thinking that changed American life.

The Essential Holmes

Oliver Wendell Holmes
The Essential Holmes Book PDF

Author : Oliver Wendell Holmes
Publisher : University of Chicago Press
Page : 375 pages
File Size : 52,9 Mb
Release : 2012-10-12
Category : Biography & Autobiography
ISBN : 9780226279886

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The Essential Holmes by Oliver Wendell Holmes Pdf

Oliver Wendell Holmes, Jr., has been called the greatest jurist and legal scholar in the history of the English-speaking world. In this collection of his speeches, opinions, and letters, Richard Posner reveals the fullness of Holmes' achievements as judge, historian, philosopher, and master of English style. Thematically arranged, the volume covers a rich variety of subjects from aging and death to themes in politics, personalities, and law. Posner's substantial introduction firmly places this wealth of material in its proper biographical and historical context. "A first-rate prose stylist, [Holmes] was perhaps the most quotable of all judges, as this ably edited volume shows."—Washington Post Book World "Brilliantly edited, lucidly organized, and equipped with a compelling introduction by Judge Posner, [this book] is one of the finest single-volume samplers of any author's work I have seen. . . . Posner has fully captured the acrid tang of him in this masterly anthology."—Terry Teachout, National Review "Excellent. . . . A worthwhile contribution to current American political/legal discussions."—Library Journal "The best source for the reader who wants a first serious acquaintance with Holmes."—Thomas C. Grey, New York Review of Books

Concepts

Andy Blunden
Concepts Book PDF

Author : Andy Blunden
Publisher : BRILL
Page : 318 pages
File Size : 42,8 Mb
Release : 2012-07-20
Category : Social Science
ISBN : 9789004228481

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Concepts by Andy Blunden Pdf

Andy Blunden presents a critical review of theories of Concepts in cognitive psychology, analytical philosophy, linguistics, conceptual change theory and other disciplines. The problems in these disciplines has led many to abandon the idea of Concepts altogether, particularly those taking an interactionist approach. Blunden responds with an historical review focussing on the idealist philosophy of Hegel, its reception and transformation in the development of positive science and finally the cultural psychology of Lev Vygotsky. He then proposes an approach to Concepts which draws on Activity Theory. Concepts are equally subjective and objective, units of consciousness and of the cultural formation of which one is a part. This continues the author’s earlier work in An Interdisciplinary Theory of Activity (Brill 2010).

Law and the Modern Mind

Susanna L. Blumenthal
Law and the Modern Mind Book PDF

Author : Susanna L. Blumenthal
Publisher : Harvard University Press
Page : 0 pages
File Size : 52,9 Mb
Release : 2016-02-22
Category : Law
ISBN : 0674048938

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Law and the Modern Mind by Susanna L. Blumenthal Pdf

In postrevolutionary America, the autonomous individual was both the linchpin of a young nation and a threat to the founders’ vision of ordered liberty. Conceiving of self-government as a psychological as well as a political project, jurists built a republic of laws upon the Enlightenment science of the mind with the aim of producing a responsible citizenry. Susanna Blumenthal probes the assumptions and consequences of this undertaking, revealing how ideas about consciousness, agency, and accountability have shaped American jurisprudence. Focusing on everyday adjudication, Blumenthal shows that mental soundness was routinely disputed in civil as well as criminal cases. Litigants presented conflicting religious, philosophical, and medical understandings of the self, intensifying fears of a populace maddened by too much liberty. Judges struggled to reconcile common sense notions of rationality with novel scientific concepts that suggested deviant behavior might result from disease rather than conscious choice. Determining the threshold of competence was especially vexing in litigation among family members that raised profound questions about the interconnections between love and consent. This body of law coalesced into a jurisprudence of insanity, which also illuminates the position of those to whom the insane were compared, particularly children, married women, and slaves. Over time, the liberties of the eccentric expanded as jurists came to recognize the diversity of beliefs held by otherwise reasonable persons. In calling attention to the problematic relationship between consciousness and liability, Law and the Modern Mind casts new light on the meanings of freedom in the formative era of American law.

Moral Aspects of Legal Theory

David Lyons
Moral Aspects of Legal Theory Book PDF

Author : David Lyons
Publisher : Cambridge University Press
Page : 250 pages
File Size : 54,5 Mb
Release : 1993-01-29
Category : Law
ISBN : 0521438357

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Moral Aspects of Legal Theory by David Lyons Pdf

In this volume, Professor Lyons outlines his fundamental views about the nature of law and its relation to morality and justice.