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Minds, Brains, and Law - The Conceptual Foundations of Law and Neuroscience (Hardcover)
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Minds, Brains, and Law - The Conceptual Foundations of Law and Neuroscience (Hardcover)
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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. In Minds,
Brains, and Law: The Conceptual Foundations of Law and
Neuroscience, Michael S. Pardo and Dennis Patterson assess the
philosophical questions that arise when neuroscientific research
and technology are applied in the legal system. They examine 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 authors use their 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 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.
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