Michael S. Pardo and Dennis Patterson
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780199812134
- eISBN:
- 9780199368594
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199812134.001.0001
- Subject:
- Law, Philosophy of Law, Medical Law
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 ...
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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 the brain 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 criminal trials to critical legal doctrines surrounding the insanity defense or guilt adjudication. This book assesses the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. It examines the arguments favoring the increased use of neuroscience in law, the means for assessing its reliability in legal proceedings, and the integration of neuroscientific research into substantive legal doctrines. The book uses its 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 this text seeks to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.Less
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 the brain 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 criminal trials to critical legal doctrines surrounding the insanity defense or guilt adjudication. This book assesses the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. It examines the arguments favoring the increased use of neuroscience in law, the means for assessing its reliability in legal proceedings, and the integration of neuroscientific research into substantive legal doctrines. The book uses its 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 this text seeks to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.
Dennis Patterson and Michael S. Pardo (eds)
- Published in print:
- 2016
- Published Online:
- August 2016
- ISBN:
- 9780198743095
- eISBN:
- 9780191802980
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198743095.001.0001
- Subject:
- Law, Philosophy of Law, Medical Law
The intersection between law and neuroscience has been a focus of intense research for the past decade, as an unprecedented amount of attention has been triggered by the increased use of ...
More
The intersection between law and neuroscience has been a focus of intense research for the past decade, as an unprecedented amount of attention has been triggered by the increased use of neuroscientific evidence in courts. While the majority of this attention is currently devoted to criminal law, including capital cases, the wide-ranging proposals for how neuroscience may inform issues of law and public policy extend to virtually every substantive area in law. Bringing together current work, this volume examines the philosophical issues that inform this emerging and vibrant subfield of law. From discussions featuring the philosophy of the mind to neuroscience-based lie-detection, each chapter addresses foundational questions that arise in the application of neuroscientific technology in the legal sphere.Less
The intersection between law and neuroscience has been a focus of intense research for the past decade, as an unprecedented amount of attention has been triggered by the increased use of neuroscientific evidence in courts. While the majority of this attention is currently devoted to criminal law, including capital cases, the wide-ranging proposals for how neuroscience may inform issues of law and public policy extend to virtually every substantive area in law. Bringing together current work, this volume examines the philosophical issues that inform this emerging and vibrant subfield of law. From discussions featuring the philosophy of the mind to neuroscience-based lie-detection, each chapter addresses foundational questions that arise in the application of neuroscientific technology in the legal sphere.
