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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.
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 the latest work from
leading scholars in the field, 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.
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.
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