Recently Posted on SSRN (and forthcoming as a University of Alabama Legal Studies Research Paper):
"Minds, Brains, and Law: The Conceptual Foundations of Law and Neuroscience"
DENNIS PATTERSON, European University Institute, Rutgers University School of Law, Camden, Swansea University School of Law
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.
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