Law, Mind and Brain

Law, Mind and Brain

Author: Michael Freeman

Publisher: Routledge

Published: 2017-05-15

Total Pages: 403

ISBN-13: 1317107438

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Over the past 20 years, cognitive neuroscience has revolutionized our ability to understand the nature of human thought. Working with the understandings of traditional psychology, the new brain science is transforming many disciplines, from economics to literary theory. These developments are now affecting the law and there is an upsurge of interest in the potential of neuroscience to contribute to our understanding of criminal and civil law and our system of justice in general. The international and interdisciplinary chapters in this volume are written by experts in criminal behaviour, civil law and jurisprudence. They concentrate on the potential of neuroscience to increase our understanding of blame and responsibility in such areas as juveniles and the death penalty, evidence and procedure, neurological enhancement and treatment, property, end-of-life choices, contracting and the effects of words and pictures in law. This collection suggests that legal scholarship and practice will be increasingly enriched by an interdisciplinary study of law, mind and brain and is a valuable addition to the emerging field of neurolaw.


Law and Mind

Law and Mind

Author: Bartosz Brożek

Publisher: Cambridge University Press

Published: 2021-04-29

Total Pages: 1001

ISBN-13: 1316997081

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Are the cognitive sciences relevant for law? How do they influence legal theory and practice? Should lawyers become part-time cognitive scientists? The recent advances in the cognitive sciences have reshaped our conceptions of human decision-making and behavior. Many claim, for instance, that we can no longer view ourselves as purely rational agents equipped with free will. This change is vitally important for lawyers, who are forced to rethink the foundations of their theories and the framework of legal practice. Featuring multidisciplinary scholars from around the world, this book offers a comprehensive overview of the emerging field of law and the cognitive sciences. It develops new theories and provides often provocative insights into the relationship between the cognitive sciences and various dimensions of the law including legal philosophy and methodology, doctrinal issues, and evidence.


Law and the Brain

Law and the Brain

Author: Semir Zeki

Publisher: OUP Oxford

Published: 2006-02-23

Total Pages: 296

ISBN-13: 0191589438

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The past 20 years have seen unparalleled advances in neurobiology, with findings from neuroscience being used to shed light on a range of human activities - many historically the province of those in the humanities and social sciences - aesthetics, emotion, consciousness, music. Applying this new knowledge to law seems a natural development - the making, considering, and enforcing of law of course rests on mental processes. However, where some of those activities can be studied with a certain amount of academic detachment, what we discover about the brain has considerable implications for how we consider and judge those who follow or indeed flout the law - with inevitable social and political consequences. There are real issues that the legal system will face as neurobiological studies continue to relentlessly probe the human mind - the motives for our actions, our decision making processes, and such issues as free will and responsibility. This volume represents a first serious attempt to address questions of law as reflecting brain activity, emphasizing that it is the organization and functioning of the brain that determines how we enact and obey laws. It applies the most recent developments in brain science to debates over criminal responsibility, cooperation and punishment, deception, moral and legal judgment, property, evolutionary psychology, law and economics, and decision-making by judges and juries. Written and edited by leading specialists from a range of disciplines, the book presents a groundbreaking and challenging new look at human behaviour.


Responsible Brains

Responsible Brains

Author: William Hirstein

Publisher: MIT Press

Published: 2023-09-19

Total Pages: 305

ISBN-13: 0262549271

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An examination of the relationship between the brain and culpability that offers a comprehensive neuroscientific theory of human responsibility. When we praise, blame, punish, or reward people for their actions, we are holding them responsible for what they have done. Common sense tells us that what makes human beings responsible has to do with their minds and, in particular, the relationship between their minds and their actions. Yet the empirical connection is not necessarily obvious. The “guilty mind” is a core concept of criminal law, but if a defendant on trial for murder were found to have serious brain damage, which brain parts or processes would have to be damaged for him to be considered not responsible, or less responsible, for the crime? What mental illnesses would justify legal pleas of insanity? In Responsible Brains, philosophers William Hirstein, Katrina Sifferd, and Tyler Fagan examine recent developments in neuroscience that point to neural mechanisms of responsibility. Drawing on this research, they argue that evidence from neuroscience and cognitive science can illuminate and inform the nature of responsibility and agency. They go on to offer a novel and comprehensive neuroscientific theory of human responsibility. The authors' core hypothesis is that responsibility is grounded in the brain's prefrontal executive processes, which enable us to make plans, shift attention, inhibit actions, and more. The authors develop the executive theory of responsibility and discuss its implications for criminal law. Their theory neatly bridges the folk-psychological concepts of the law and neuroscientific findings.


The Legal Mind

The Legal Mind

Author: Bartosz Brożek

Publisher: Cambridge University Press

Published: 2020

Total Pages: 191

ISBN-13: 1108493254

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How do lawyers think? Brożek presents a new perspective on legal thinking as an interplay between intuition, imagination and language.


Rights Come to Mind

Rights Come to Mind

Author: Joseph Fins

Publisher: Cambridge University Press

Published: 2015-08-11

Total Pages: 395

ISBN-13: 052188750X

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Joseph J. Fins calls for a reconsideration of severe brain injury treatment, including discussion of public policy and physician advocacy.


Mind, Brain, and Free Will

Mind, Brain, and Free Will

Author: Richard Swinburne

Publisher: Oxford University Press

Published: 2013-01-17

Total Pages: 251

ISBN-13: 0199662568

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Richard Swinburne presents a powerful case for substance dualism and libertarian free will. He argues that pure mental and physical events are distinct, and defends an account of agent causation in which the soul can act independently of bodily causes. We are responsible for our actions, and the findings of neuroscience cannot prove otherwise.


Your Brain and Law School

Your Brain and Law School

Author: Marybeth Herald

Publisher:

Published: 2014

Total Pages: 0

ISBN-13: 9781611632262

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Based on the latest research, this entertaining, practical guide offers law students a formula for success in school, on the bar exam, and as a practicing attorney. Mastering the law, either as a law student or in practice, becomes much easier if one has a working knowledge of the brain's basic habits. Before you can learn to think like a lawyer, you have to have some idea about how the brain thinks. The first part of this book translates the technical research, explaining learning strategies that work for the brain in law school specifically, and calling out other tactics that are useless (though often popular lures for the misinformed). This book is unique in explaining the science behind the advice and will save you from pursuing tempting shortcuts that will take you in the wrong direction. The second part explores the brain's decision-making processes and cognitive biases. These biases affect the ability to persuade, a necessary skill of the successful lawyer. The book talks about the art and science of framing, the seductive lure of the confirmation and egocentric biases, and the egocentricity of the availability bias. This book uses easily recognizable examples from both law and life to illustrate the potential of these biases to draw humans to mistaken judgments. Understanding these biases is critical to becoming a successful attorney and gaining proficiency in fashioning arguments that appeal to the sometimes quirky processing of the human brain. This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the McGeorge School of Law, University of the Pacific. Your Brain and Law School was a finalist in the Best Published Self-Help and Psychology category of the 2015 San Diego Book Awards


Law and the Modern Mind

Law and the Modern Mind

Author: Susanna L. Blumenthal

Publisher: Harvard University Press

Published: 2016-02-22

Total Pages: 0

ISBN-13: 9780674048935

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In postrevolutionary America, the autonomous individual was both the linchpin of a young nation and a threat to the founders’ vision of ordered liberty. Conceiving of self-government as a psychological as well as a political project, jurists built a republic of laws upon the Enlightenment science of the mind with the aim of producing a responsible citizenry. Susanna Blumenthal probes the assumptions and consequences of this undertaking, revealing how ideas about consciousness, agency, and accountability have shaped American jurisprudence. Focusing on everyday adjudication, Blumenthal shows that mental soundness was routinely disputed in civil as well as criminal cases. Litigants presented conflicting religious, philosophical, and medical understandings of the self, intensifying fears of a populace maddened by too much liberty. Judges struggled to reconcile common sense notions of rationality with novel scientific concepts that suggested deviant behavior might result from disease rather than conscious choice. Determining the threshold of competence was especially vexing in litigation among family members that raised profound questions about the interconnections between love and consent. This body of law coalesced into a jurisprudence of insanity, which also illuminates the position of those to whom the insane were compared, particularly children, married women, and slaves. Over time, the liberties of the eccentric expanded as jurists came to recognize the diversity of beliefs held by otherwise reasonable persons. In calling attention to the problematic relationship between consciousness and liability, Law and the Modern Mind casts new light on the meanings of freedom in the formative era of American law.


Minds, Brains, and Law

Minds, Brains, and Law

Author: Michael S. Pardo

Publisher: Oxford University Press

Published: 2015

Total Pages: 269

ISBN-13: 019025310X

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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. This paperback edition contain a new Preface covering developments in this subject since the hardcover edition published in 2013.