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Author : Peter A. Alces Publisher : University of Chicago Press Page : 392 pages File Size : 54,9 Mb Release : 2018-01-18 Category : Law ISBN : 9780226513539
The Moral Conflict of Law and Neuroscience by Peter A. Alces Pdf
"New insights offered by neuroscience have provoked discussions of the nature of human agency and responsibility. Alces draws on neuroscience to explore the internal contradictions of legal doctrines, and consider what would be involved in constructing novel legal regimes based on emerging understandings of human capacities and characteristics not only in criminal law but in contract and tort law."--Provided by publisher.
Author : Peter A. Alces Publisher : University of Chicago Press Page : 392 pages File Size : 44,5 Mb Release : 2018-01-24 Category : Law ISBN : 9780226513676
The Moral Conflict of Law and Neuroscience by Peter A. Alces Pdf
Law relies on a conception of human agency, the idea that humans are capable of making their own choices and are morally responsible for the consequences. But what if that is not the case? Over the past half century, the story of the law has been one of increased acuity concerning the human condition, especially the workings of the brain. The law already considers select cognitive realities in evaluating questions of agency and responsibility, such as age, sanity, and emotional distress. As new neuroscientific research comprehensively calls into question the very idea of free will, how should the law respond to this revised understanding? Peter A. Alces considers where and how the law currently fails to appreciate the neuroscientific revelation that humans may in key ways lack normative free will—and therefore moral responsibility. The most accessible setting in which to consider the potential impact of neuroscience is criminal law, as certain aspects of criminal law already reveal the naiveté of most normative reasoning, such as the inconsistent treatment of people with equally disadvantageous cognitive deficits, whether congenital or acquired. But tort and contract law also assume a flawed conception of human agency and responsibility. Alces reveals the internal contradictions of extant legal doctrine and concludes by considering what would be involved in constructing novel legal regimes based on emerging neuroscientific insights.
Author : Peter A. Alces Publisher : University of Chicago Press Page : 0 pages File Size : 44,7 Mb Release : 2023-08-15 Category : Political Science ISBN : 0226827488
A thought-provoking examination of how insights from neuroscience challenge deeply held assumptions about morality and law. As emerging neuroscientific insights change our understanding of what it means to be human, the law must grapple with monumental questions, both metaphysical and practical. Recent advances pose significant philosophical challenges: how do neuroscientific revelations redefine our conception of morality, and how should the law adjust accordingly? Trialectic takes account of those advances, arguing that they will challenge normative theory most profoundly. If all sentient beings are the coincidence of mechanical forces, as science suggests, then it follows that the time has come to reevaluate laws grounded in theories dependent on the immaterial that distinguish the mental and emotional from the physical. Legal expert Peter A. Alces contends that such theories are misguided—so misguided that they undermine law and, ultimately, human thriving. Building on the foundation outlined in his previous work, The Moral Conflict of Law and Neuroscience, Alces further investigates the implications for legal doctrine and practice.
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.
Conflicts of Law and Morality by Kent Greenawalt Pdf
Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. In examining the extent of the obligations owed by citizens to their government, Greenawalt concentrates on the possible existence of a single source of obligation that reaches all citizens and all laws.
Law and Neuroscience by Owen D. Jones,Jeffrey D. Schall,Francis X. Shen Pdf
The implications for law of new neuroscientific techniques and findings are now among the hottest topics in legal, academic, and media venues. Law and Neuroscience—a collaboration of professors in law, neuroscience, and biology—is the first and still only coursebook to chart this new territory, providing the world’s most comprehensive collection of neurolaw materials. This text will be of interest to many professors teaching Criminal Law and Torts courses, who would like to incorporate the most current thinking on how biology intersects with the law. New to the Second Edition: Extensively revised chapters, updated with new findings and materials. New chapter on Aging Brains Hundreds of new references and citations to recent developments. Over 600 new references and citations to recent developments, with 260 new readings, including 27 new case selections Highly current material; 45% of cases and publications in the Second Edition were published since the first edition in 2014 Professors and students will benefit from: Technical subjects explained in an accessible manner Extensive glossary of key terms Photos and illustrations enliven the text Professors of any background can teach this course
The Ethics of Neuroscience and National Security by Nicholas G. Evans Pdf
New advances in neuroscience promise innovations in national security, especially in the areas of law enforcement, intelligence collection, and armed conflict. But ethical questions emerge about how we can, and should, use these innovations. This book draws on the open literature to map the development of neuroscience, particularly through funding by the Defense Advanced Research Projects Agency, in certain areas like behavior prediction, behavior modification, and neuroenhancement, and its use in the creation of novel weapons. It shows how advances in neuroscience and new technologies raise ethical issues that challenge the norms of law enforcement, intelligence collection, and armed conflict, broadly grouped under the term "national security." Increasing technological sophistication without attention to ethics, this book argues, risks creating conditions for the development of "dual-use" technologies that may be prone to misuse, are grounded in an incomplete understanding of the brain, or are based on a limited view of the political contexts in which these technologies arise. A concluding section looks at policy and regulatory options that might promote the benefits of emerging neuroscience, while mitigating attendant risks. Key Features: First broad survey of the ethics of neuroscience as it applies to national security Innovative ethical analysis over a range of cross-cutting technologies including behavior prediction and modification tools, human enhancement, and novel lethal and nonlethal weapons Ethical analysis covering all stages from the development, testing, and use (or misuse) of these technologies; and decisions from the individual scientist to the nation state Strong policy focus at multiple levels, from self-governance to international regulation Combination of philosophical analysis with grounded, practical recommendations
The Cognitive Neurosciences, sixth edition by David Poeppel,George R. Mangun,Michael S. Gazzaniga Pdf
The sixth edition of the foundational reference on cognitive neuroscience, with entirely new material that covers the latest research, experimental approaches, and measurement methodologies. Each edition of this classic reference has proved to be a benchmark in the developing field of cognitive neuroscience. The sixth edition of The Cognitive Neurosciences continues to chart new directions in the study of the biological underpinnings of complex cognition—the relationship between the structural and physiological mechanisms of the nervous system and the psychological reality of the mind. It offers entirely new material, reflecting recent advances in the field, covering the latest research, experimental approaches, and measurement methodologies. This sixth edition treats such foundational topics as memory, attention, and language, as well as other areas, including computational models of cognition, reward and decision making, social neuroscience, scientific ethics, and methods advances. Over the last twenty-five years, the cognitive neurosciences have seen the development of sophisticated tools and methods, including computational approaches that generate enormous data sets. This volume deploys these exciting new instruments but also emphasizes the value of theory, behavior, observation, and other time-tested scientific habits. Section editors Sarah-Jayne Blakemore and Ulman Lindenberger, Kalanit Grill-Spector and Maria Chait, Tomás Ryan and Charan Ranganath, Sabine Kastner and Steven Luck, Stanislas Dehaene and Josh McDermott, Rich Ivry and John Krakauer, Daphna Shohamy and Wolfram Schultz, Danielle Bassett and Nikolaus Kriegeskorte, Marina Bedny and Alfonso Caramazza, Liina Pylkkänen and Karen Emmorey, Mauricio Delgado and Elizabeth Phelps, Anjan Chatterjee and Adina Roskies
Minds, Brains, and Law by Michael S. Pardo,Dennis Patterson Pdf
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.
The Moral Brain by Jean Decety,Thalia Wheatley Pdf
An overview of the latest interdisciplinary research on human morality, capturing moral sensibility as a sophisticated integration of cognitive, emotional, and motivational mechanisms. Over the past decade, an explosion of empirical research in a variety of fields has allowed us to understand human moral sensibility as a sophisticated integration of cognitive, emotional, and motivational mechanisms shaped through evolution, development, and culture. Evolutionary biologists have shown that moral cognition evolved to aid cooperation; developmental psychologists have demonstrated that the elements that underpin morality are in place much earlier than we thought; and social neuroscientists have begun to map brain circuits implicated in moral decision making. This volume offers an overview of current research on the moral brain, examining the topic from disciplinary perspectives that range from anthropology and neurophilosophy to justice and law. The contributors address the evolution of morality, considering precursors of human morality in other species as well as uniquely human adaptations. They examine motivations for morality, exploring the roles of passion, extreme sacrifice, and cooperation. They go on to consider the development of morality, from infancy to adolescence; findings on neurobiological mechanisms of moral cognition; psychopathic immorality; and the implications for justice and law of a more biological understanding of morality. These new findings may challenge our intuitions about society and justice, but they may also lead to more a humane and flexible legal system. Contributors Scott Atran, Abigail A. Baird, Nicolas Baumard, Sarah Brosnan, Jason M. Cowell, Molly J. Crockett, Ricardo de Oliveira-Souza, Andrew W. Delton, Mark R. Dadds, Jean Decety, Jeremy Ginges, Andrea L. Glenn, Joshua D. Greene, J. Kiley Hamlin, David J. Hawes, Jillian Jordan, Max M. Krasnow, Ayelet Lahat, Jorge Moll, Caroline Moul, Thomas Nadelhoffer, Alexander Peysakhovich, Laurent Prétôt, Jesse Prinz, David G. Rand, Rheanna J. Remmel, Emma Roellke, Regina A. Rini, Joshua Rottman, Mark Sheskin, Thalia Wheatley, Liane Young, Roland Zahn
Oxford Handbook of Neuroethics by Judy Illes,Barbara J. Sahakian Pdf
The past two decades have seen unparalleled developments in our knowledge of the brain and mind. However, these advances have forced us to confront head-on some significant ethical issues regarding our application of this information in the real world- whether using brain images to establish guilt within a court of law, or developing drugs to enhance cognition. Historically, any consideration of the ethical, legal, and social implications of emerging technologies in science and medicine has lagged behind the discovery of the technology itself. These delays have caused problems in the acceptability and potential applications of biomedical advances and posed significant problems for the scientific community and the public alike - for example in the case of genetic screening and human cloning. The field of Neuroethics aims to proactively anticipate ethical, legal and social issues at the intersection of neuroscience and ethics, raising questions about what the brain tells us about ourselves, whether the information is what people want or ought to know, and how best to communicate it. A landmark in the academic literature, the Oxford Handbook of Neuroethics presents a pioneering review of a topic central to the sciences and humanities. It presents a range of chapters considering key issues, discussion, and debate at the intersection of brain and ethics. The handbook contains more than 50 chapters by leaders from around the world and a broad range of sectors of academia and clinical practice spanning the neurosciences, medical sciences and humanities and law. The book focuses on and provides a platform for dialogue of what neuroscience can do, what we might expect neuroscience will do, and what neuroscience ought to do. The major themes include: consciousness and intention; responsibility and determinism; mind and body; neurotechnology; ageing and dementia; law and public policy; and science, society and international perspectives. Tackling some of the most significant ethical issues that face us now and will continue to do so over the coming decades, The Oxford Handbook of Neuroethics will be an essential resource for the field of neuroethics for graduate students and postdoctoral fellows, basic scientists in the neurosciences and psychology, scholars in humanities and law, as well as physicians practising in the areas of primary care in neurological medicine.
Our Brains at War: The Neuroscience of Conflict and Peacebuilding suggests that we need a radical change in how we think about war, leadership, and politics. Most of us, political scientists included, fail to appreciate the extent to which instincts and emotions, rather than logic, factor into our societal politics and international wars. Many of our physiological and genetic tendencies, of which we are mostly unaware, can all too easily fuel our antipathy towards other groups, make us choose 'strong' leaders over more mindful leaders, assist recruitment for illegal militias, and facilitate even the most gentle of us to inflict violence on others. Drawing upon the latest research from emerging areas such as behavioral genetics, biopsychology, and social and cognitive neuroscience, this book identifies the sources of compelling instincts and emotions, and how we can acknowledge and better manage them so as to develop international and societal peace more effectively.
Suffering is an unavoidable reality in health care. Not only are patients and families suffering but also the clinicians who care for them. Commonly the suffering experienced by clinicians is moral in nature, in part a reflection of the increasing complexity of health care, their roles within it, and the expanding range of available interventions. Moral suffering is the anguish that occurs when the burdens of treatment appear to outweigh the benefits; scarce human and material resources must be allocated; informed consent is incomplete or inadequate; or there are disagreements about goals of treatment among patients, families or clinicians. Each is a source of moral adversity that challenges clinicians' integrity: the inner harmony that arises when their essential values and commitments are aligned with their choices and actions. If moral suffering is unrelieved it can lead to disengagement, burnout, and undermine the quality of clinical care. The most studied response to moral adversity is moral distress. The sources and sequelae of moral distress, one type of moral suffering, have been documented among clinicians across specialties. It is vital to shift the focus to solutions and to expanded individual and system strategies that mitigate the detrimental effects of moral suffering. Moral resilience, the capacity of an individual to restore or sustain integrity in response to moral adversity, offers a path forward. It encompasses capacities aimed at developing self-regulation and self-awareness, buoyancy, moral efficacy, self-stewardship and ultimately personal and relational integrity. Clinicians and healthcare organizations must work together to transform moral suffering by cultivating the individual capacities for moral resilience and designing a new architecture to support ethical practice. Used worldwide for scalable and sustainable change, the Conscious Full Spectrum approach, offers a method to solve problems to support integrity, shift patterns that undermine moral resilience and ethical practice, and source the inner potential of clinicians and leaders to produce meaningful and sustainable results that benefit all.
Brain Science for Lawyers, Judges, and Policymakers by Owen D. Jones,Jeffrey D. Schall,Francis X. Shen,Morris B. Hoffman,Anthony D. Wagner Pdf
Brain science in the form of neuroscientific evidence now appears frequently in courtrooms and policy discussions alike. Many legal issues are at stake, such as how to separate the best uses of brain science information from those that are potentially biasing or misleading. It is crucial to evaluate brain science evidence in light of relevant legal standards (such as the Daubert and Frye Rules). Brain Science for Lawyers, Judges, and Policymakers responds to this rapidly changing legal landscape, providing a user-friendly introduction to the fundamentals of neuroscience for lawyers, advocates, judges, legal academics, and policymakers. It features detailed but clear illustrations, as well as a comprehensive and accessible overview of developments in legally relevant neuroscience. Readers will learn brain science terms, how to understand and discuss brain structure and function in legally relevant contexts, and how to avoid over- or under-interpreting neuroscientific evidence. The book begins with a survey of the kinds of litigation, legislation, and regulation where neuroscience is currently being used. It provides accessible descriptions of basic brain anatomy and brain function as well as an overview of how modern technologies can reveal the brain structures and brain functions of individuals. It finishes with cautions and limitations, including timely and thought-provoking observations about where the future of neurolaw might lead. Throughout, the authors offer clear and concise guidance on understanding both the promise and the limitations of using brain science in law and policymaking.
