Friday, October 4, 2013
Michael S. Pardo and Dennis Patterson (University of Alabama School of Law and European University Institute) have posted Minds, Brains, and Law: the Conceptual Foundations of Law and Neuroscience (Oxford University Press, 2013) on SSRN. Here is the abstract:
This is the table of contents and introductory chapter to our book, Minds, Brains, and Law: The Conceptual Foundations of Law and Neuroscience (Oxford University Press, forthcoming 2013). The book explores several philosophical issues at the intersection of law and neuroscience. It examines and critically assesses arguments for an increased role for neuroscience at the levels of legal theory, legal doctrine, and legal proof. The theoretical issues include general jurisprudential questions about the nature of law, moral and economic decision making, and justifications for criminal punishment. The doctrinal issues focus on criminal law and criminal procedure and include: mens rea, actus reus, the insanity defense, the Fourth Amendment, the Fifth Amendment privilege against self-incrimination, and due process. The issues of legal proof focus on different types of brain-based lie detection.