Author: Bebhinn Donnelly-Lazarov
Publisher: Cambridge University Press
ISBN: 1108428703
Category : Law
Languages : en
Pages : 313
Book Description
Examines the particularly prescient implications that neuroscience has for legal responsibility, highlighting the philosophical and practical challenges that arise.
Neurolaw and Responsibility for Action
Neurolaw and Responsibility for Action
Author: Bebhinn Donnelly-Lazarov
Publisher: Cambridge University Press
ISBN: 1108635202
Category : Law
Languages : en
Pages : 313
Book Description
Law regulates human behaviour, a phenomenon about which neuroscience has much to say. Neuroscience can tell us whether a defendant suffers from a brain abnormality, or injury and it can correlate these neural deficits with criminal offending. Using fMRI and other technologies it might indicate whether a witness is telling lies or the truth. It can further propose neuro-interventions to 'change' the brains of offenders and so to reduce their propensity to offend. And, it can make suggestions about whether a defendant knows or merely suspects a prohibited state of affairs; so, drawing distinctions among the mental states that are central to legal responsibility. Each of these matters has philosophical import; is a neurological 'deficit' inculpatory or exculpatory; what is the proper role for law if the mind is no more than the brain; is lying really a brain state and can neuroscience really 'read' the brain? In this edited collection, leading contributors to the field provide new insights on these matters, bringing to light the great challenges that arise when disciplinary boundaries merge.
Publisher: Cambridge University Press
ISBN: 1108635202
Category : Law
Languages : en
Pages : 313
Book Description
Law regulates human behaviour, a phenomenon about which neuroscience has much to say. Neuroscience can tell us whether a defendant suffers from a brain abnormality, or injury and it can correlate these neural deficits with criminal offending. Using fMRI and other technologies it might indicate whether a witness is telling lies or the truth. It can further propose neuro-interventions to 'change' the brains of offenders and so to reduce their propensity to offend. And, it can make suggestions about whether a defendant knows or merely suspects a prohibited state of affairs; so, drawing distinctions among the mental states that are central to legal responsibility. Each of these matters has philosophical import; is a neurological 'deficit' inculpatory or exculpatory; what is the proper role for law if the mind is no more than the brain; is lying really a brain state and can neuroscience really 'read' the brain? In this edited collection, leading contributors to the field provide new insights on these matters, bringing to light the great challenges that arise when disciplinary boundaries merge.
Neurolaw: The Call for Adjusting Theory Based on Scientific Results
Author: José M. Muñoz
Publisher: Frontiers Media SA
ISBN: 288966208X
Category : Science
Languages : en
Pages : 149
Book Description
This eBook is a collection of articles from a Frontiers Research Topic. Frontiers Research Topics are very popular trademarks of the Frontiers Journals Series: they are collections of at least ten articles, all centered on a particular subject. With their unique mix of varied contributions from Original Research to Review Articles, Frontiers Research Topics unify the most influential researchers, the latest key findings and historical advances in a hot research area! Find out more on how to host your own Frontiers Research Topic or contribute to one as an author by contacting the Frontiers Editorial Office: frontiersin.org/about/contact.
Publisher: Frontiers Media SA
ISBN: 288966208X
Category : Science
Languages : en
Pages : 149
Book Description
This eBook is a collection of articles from a Frontiers Research Topic. Frontiers Research Topics are very popular trademarks of the Frontiers Journals Series: they are collections of at least ten articles, all centered on a particular subject. With their unique mix of varied contributions from Original Research to Review Articles, Frontiers Research Topics unify the most influential researchers, the latest key findings and historical advances in a hot research area! Find out more on how to host your own Frontiers Research Topic or contribute to one as an author by contacting the Frontiers Editorial Office: frontiersin.org/about/contact.
Free Will and the Brain
Author: Walter Glannon
Publisher: Cambridge University Press
ISBN: 1316298620
Category : Psychology
Languages : en
Pages : 309
Book Description
Neuroscientific evidence has educated us in the ways in which the brain mediates our thought and behavior and, therefore, forced us to critically examine how we conceive of free will. This volume, featuring contributions from an international and interdisciplinary group of distinguished researchers and scholars, explores how our increasing knowledge of the brain can elucidate the concept of the will and whether or to what extent it is free. It also examines how brain science can inform our normative judgments of moral and criminal responsibility for our actions. Some chapters point out the different respects in which mental disorders can compromise the will and others show how different forms of neuromodulation can reveal the neural underpinning of the mental capacities associated with the will and can restore or enhance them when they are impaired.
Publisher: Cambridge University Press
ISBN: 1316298620
Category : Psychology
Languages : en
Pages : 309
Book Description
Neuroscientific evidence has educated us in the ways in which the brain mediates our thought and behavior and, therefore, forced us to critically examine how we conceive of free will. This volume, featuring contributions from an international and interdisciplinary group of distinguished researchers and scholars, explores how our increasing knowledge of the brain can elucidate the concept of the will and whether or to what extent it is free. It also examines how brain science can inform our normative judgments of moral and criminal responsibility for our actions. Some chapters point out the different respects in which mental disorders can compromise the will and others show how different forms of neuromodulation can reveal the neural underpinning of the mental capacities associated with the will and can restore or enhance them when they are impaired.
Law and Neuroscience
Author: Owen D. Jones
Publisher: Aspen Publishing
ISBN: 1543801099
Category : Medical
Languages : en
Pages : 1004
Book Description
"Coursebook on law and neuroscience, including the bearing of neuroscience on criminal law, criminal procedure, and evidence"--
Publisher: Aspen Publishing
ISBN: 1543801099
Category : Medical
Languages : en
Pages : 1004
Book Description
"Coursebook on law and neuroscience, including the bearing of neuroscience on criminal law, criminal procedure, and evidence"--
Neuroscience and Legal Responsibility
Author: Nicole A Vincent
Publisher: Oxford University Press
ISBN: 0199925615
Category : Medical
Languages : en
Pages : 404
Book Description
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.
Publisher: Oxford University Press
ISBN: 0199925615
Category : Medical
Languages : en
Pages : 404
Book Description
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.
Downward Causation and the Neurobiology of Free Will
Author: Nancey Murphy
Publisher: Springer
ISBN: 3642032052
Category : Science
Languages : en
Pages : 286
Book Description
How is free will possible in the light of the physical and chemical underpinnings of brain activity and recent neurobiological experiments? How can the emergence of complexity in hierarchical systems such as the brain, based at the lower levels in physical interactions, lead to something like genuine free will? The nature of our understanding of free will in the light of present-day neuroscience is becoming increasingly important because of remarkable discoveries on the topic being made by neuroscientists at the present time, on the one hand, and its crucial importance for the way we view ourselves as human beings, on the other. A key tool in understanding how free will may arise in this context is the idea of downward causation in complex systems, happening coterminously with bottom up causation, to form an integral whole. Top-down causation is usually neglected, and is therefore emphasized in the other part of the book’s title. The concept is explored in depth, as are the ethical and legal implications of our understanding of free will. This book arises out of a workshop held in California in April of 2007, which was chaired by Dr. Christof Koch. It was unusual in terms of the breadth of people involved: they included physicists, neuroscientists, psychiatrists, philosophers, and theologians. This enabled the meeting, and hence the resulting book, to attain a rather broader perspective on the issue than is often attained at academic symposia. The book includes contributions by Sarah-Jayne Blakemore, George F. R. Ellis , Christopher D. Frith, Mark Hallett, David Hodgson, Owen D. Jones, Alicia Juarrero, J. A. Scott Kelso, Christof Koch, Hans Küng, Hakwan C. Lau, Dean Mobbs, Nancey Murphy, William Newsome, Timothy O’Connor, Sean A.. Spence, and Evan Thompson.
Publisher: Springer
ISBN: 3642032052
Category : Science
Languages : en
Pages : 286
Book Description
How is free will possible in the light of the physical and chemical underpinnings of brain activity and recent neurobiological experiments? How can the emergence of complexity in hierarchical systems such as the brain, based at the lower levels in physical interactions, lead to something like genuine free will? The nature of our understanding of free will in the light of present-day neuroscience is becoming increasingly important because of remarkable discoveries on the topic being made by neuroscientists at the present time, on the one hand, and its crucial importance for the way we view ourselves as human beings, on the other. A key tool in understanding how free will may arise in this context is the idea of downward causation in complex systems, happening coterminously with bottom up causation, to form an integral whole. Top-down causation is usually neglected, and is therefore emphasized in the other part of the book’s title. The concept is explored in depth, as are the ethical and legal implications of our understanding of free will. This book arises out of a workshop held in California in April of 2007, which was chaired by Dr. Christof Koch. It was unusual in terms of the breadth of people involved: they included physicists, neuroscientists, psychiatrists, philosophers, and theologians. This enabled the meeting, and hence the resulting book, to attain a rather broader perspective on the issue than is often attained at academic symposia. The book includes contributions by Sarah-Jayne Blakemore, George F. R. Ellis , Christopher D. Frith, Mark Hallett, David Hodgson, Owen D. Jones, Alicia Juarrero, J. A. Scott Kelso, Christof Koch, Hans Küng, Hakwan C. Lau, Dean Mobbs, Nancey Murphy, William Newsome, Timothy O’Connor, Sean A.. Spence, and Evan Thompson.
Philosophical Foundations of Neurolaw
Author: Martin Roth
Publisher: Lexington Books
ISBN: 149853967X
Category : Philosophy
Languages : en
Pages : 233
Book Description
As neuroscience continues to reveal the biological basis of human thought and behavior, what impact will this have on legal theory and practice? The emerging field of neurolaw seeks to address this question, but doing so adequately requires confronting difficult philosophical issues surrounding the nature of mind, free will, rationality, and responsibility. In The Philosophical Foundations of Neurolaw, Martin Roth claims that the central philosophical issue facing neurolaw is whether we can reconcile the conception of ourselves as free, rational, and responsible agents with the conception of ourselves as complex bio-chemical machines. Roth argues that we can reconcile these conceptions. To show this, Roth develops and defends an account of free will that identifies free will with the capacity to respond to rational demands, and he argues that this capacity is at the foundation of our thinking about responsibility. Roth also shows how the mind sciences can explain this capacity, thus revealing that a purely physical system can have the kind of free will that is relevant to responsible agency. Along the way, Roth critiques a number of arguments that purport to show that the kind of reconciliation provided is not possible. Roth concludes that though we should rethink our legal system in important ways, both in light of his account of free will and what neuroscience is poised to reveal, neuroscience does not threaten the law’s core commitment to responsible agency.
Publisher: Lexington Books
ISBN: 149853967X
Category : Philosophy
Languages : en
Pages : 233
Book Description
As neuroscience continues to reveal the biological basis of human thought and behavior, what impact will this have on legal theory and practice? The emerging field of neurolaw seeks to address this question, but doing so adequately requires confronting difficult philosophical issues surrounding the nature of mind, free will, rationality, and responsibility. In The Philosophical Foundations of Neurolaw, Martin Roth claims that the central philosophical issue facing neurolaw is whether we can reconcile the conception of ourselves as free, rational, and responsible agents with the conception of ourselves as complex bio-chemical machines. Roth argues that we can reconcile these conceptions. To show this, Roth develops and defends an account of free will that identifies free will with the capacity to respond to rational demands, and he argues that this capacity is at the foundation of our thinking about responsibility. Roth also shows how the mind sciences can explain this capacity, thus revealing that a purely physical system can have the kind of free will that is relevant to responsible agency. Along the way, Roth critiques a number of arguments that purport to show that the kind of reconciliation provided is not possible. Roth concludes that though we should rethink our legal system in important ways, both in light of his account of free will and what neuroscience is poised to reveal, neuroscience does not threaten the law’s core commitment to responsible agency.
International Neurolaw
Author: Tade Matthias Spranger
Publisher: Springer Science & Business Media
ISBN: 3642215416
Category : Law
Languages : en
Pages : 414
Book Description
Whereas the past few years have repeatedly been referred to as the “era of biotechnology”, most recently the impression has emerged that at least the same degree of attention is being paid to the latest developments in the field of neurosciences. It has now become nearly impossible to maintain an overview of the number of research projects dealing with the functionality of the brain – for example concerning its organizational structure – or projects dealing with the topics of legal responsibility, brain-computer interface applications, neuromarketing, lie detection or mind reading. These procedures are connected to a number of legal questions concerning the framework conditions of research projects as well as the right approach to the findings generated. Given the primary importance of the topic for the latest developments, it is essential to compare the different legal systems and strategies that they offer for dealing with these legal implications. Therefore, the book International Neurolaw – A Comparative Analysis contains several country reports from around the world, as well as those of international organizations such as UNESCO, in order to show the different legal approaches to the topic and possible interactions.
Publisher: Springer Science & Business Media
ISBN: 3642215416
Category : Law
Languages : en
Pages : 414
Book Description
Whereas the past few years have repeatedly been referred to as the “era of biotechnology”, most recently the impression has emerged that at least the same degree of attention is being paid to the latest developments in the field of neurosciences. It has now become nearly impossible to maintain an overview of the number of research projects dealing with the functionality of the brain – for example concerning its organizational structure – or projects dealing with the topics of legal responsibility, brain-computer interface applications, neuromarketing, lie detection or mind reading. These procedures are connected to a number of legal questions concerning the framework conditions of research projects as well as the right approach to the findings generated. Given the primary importance of the topic for the latest developments, it is essential to compare the different legal systems and strategies that they offer for dealing with these legal implications. Therefore, the book International Neurolaw – A Comparative Analysis contains several country reports from around the world, as well as those of international organizations such as UNESCO, in order to show the different legal approaches to the topic and possible interactions.
Neuroscience and Law
Author: Antonio D’Aloia
Publisher: Springer Nature
ISBN: 3030388409
Category : Law
Languages : en
Pages : 563
Book Description
There have been extraordinary developments in the field of neuroscience in recent years, sparking a number of discussions within the legal field. This book studies the various interactions between neuroscience and the world of law, and explores how neuroscientific findings could affect some fundamental legal categories and how the law should be implemented in such cases. The book is divided into three main parts. Starting with a general overview of the convergence of neuroscience and law, the first part outlines the importance of their continuous interaction, the challenges that neuroscience poses for the concepts of free will and responsibility, and the peculiar characteristics of a “new” cognitive liberty. In turn, the second part addresses the phenomenon of cognitive and moral enhancement, as well as the uses of neurotechnology and their impacts on health, self-determination and the concept of being human. The third and last part investigates the use of neuroscientific findings in both criminal and civil cases, and seeks to determine whether they can provide valuable evidence and facilitate the assessment of personal responsibility, helping to resolve cases. The book is the result of an interdisciplinary dialogue involving jurists, philosophers, neuroscientists, forensic medicine specialists, and scholars in the humanities; further, it is intended for a broad readership interested in understanding the impacts of scientific and technological developments on people’s lives and on our social systems.
Publisher: Springer Nature
ISBN: 3030388409
Category : Law
Languages : en
Pages : 563
Book Description
There have been extraordinary developments in the field of neuroscience in recent years, sparking a number of discussions within the legal field. This book studies the various interactions between neuroscience and the world of law, and explores how neuroscientific findings could affect some fundamental legal categories and how the law should be implemented in such cases. The book is divided into three main parts. Starting with a general overview of the convergence of neuroscience and law, the first part outlines the importance of their continuous interaction, the challenges that neuroscience poses for the concepts of free will and responsibility, and the peculiar characteristics of a “new” cognitive liberty. In turn, the second part addresses the phenomenon of cognitive and moral enhancement, as well as the uses of neurotechnology and their impacts on health, self-determination and the concept of being human. The third and last part investigates the use of neuroscientific findings in both criminal and civil cases, and seeks to determine whether they can provide valuable evidence and facilitate the assessment of personal responsibility, helping to resolve cases. The book is the result of an interdisciplinary dialogue involving jurists, philosophers, neuroscientists, forensic medicine specialists, and scholars in the humanities; further, it is intended for a broad readership interested in understanding the impacts of scientific and technological developments on people’s lives and on our social systems.