Current Legal Issues Volume 13: Law and Neuroscience

Administrative / Constitutional Law

Current Legal Issues Volume 13 Law and Neuroscience

By Michael Freeman
Oxford University Press February 2011

Specifications

ISBN-13
9780199599844
Publisher
Oxford University Press
Publication
February 2011
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

A wide range of articles offer a broad overview of the interactions between neuroscience and law, examining how neuroscience can, and should, be used in legal theory and practice
The latest volume in the established Current Legal Issues series, which brings together leading scholars from around the world to explore the interactions between legal thought and other disciplines
Topics include criminal liability, adolescent brain science and juvenile justice, emotional distress claims, and penal law
Current Legal Issues, like its sister volume Current Legal Problems, is based upon an annual colloquium held at Univesity College London. Each year leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice.

Law and Neuroscience, the latest volume in the Current Legal Issues series, offers an insight into the state of law and nueroscience scholarship today. Focussing on the inter-connections between the two disciplines, it addresses the key issues informing current debates.

Readership: Academics and researchers interested in the interaction between law and neuroscience..

Table of Contents

Contents:
1: M. Freeman: Introduction
2: W. Glannon: What Neuroscience can (and cannot) tell us about criminal responsibility
3: G-J Lokhorst: Mens Rea, Logic and The Brain
4: J. Fischer: Indeterminism and Control: An approach to the problem of luck
5: H. T. Greely: Neuroscience and Criminal Responsibility: Proving "Can't Help Himself" as a narrow bar to criminal liability
6: N. Vincent: Madness, Badness and Neuro-imagining-based responsibility assessments
7: A. L. Roskies and W. Sinnott-Armstrong: Brain Images as Evidence in the Criminal Law
8: J. Buckholtz et al: The Neural Correlates of Third-Party Punishment
9: L. Claydon: Law, Neuroscience and Criminal Culpability
10: T. Y. Blumoff: How (some) Criminals are Made
11: D. Terracina: Neuroscience and Penal Law: Ineffectiveness of the penal systems and flawed perception of the underevaluation of behaviour constituting crime
12: B. J. Grey: Neuroscience and Emotional Harm in Tort Law: Rethinking the American approach to freestanding emotional distress claims
13: J. Carbone: Neuroscience and Ideology: Why science can never supply a complete answer for adolescent immaturity
14: T. Maroney: Adolescent Brain Science and Juvenile Justice
15: R. MacKenzie and M. Sakel: The Neuroscience of Cruelty as Brain Damage: Legal framings of capacity and ethical issues in the neurorehabilitation of Motor Neurone Disease
16: D. Wilkinson and C . Foster: The Carmentis Machine: Legal and ethical issues in the use of neuroimaging to guide treatment withdrawal in newborn infants
17: D. Fox: The Right to Silence as Protecting Mental Control
18: J. J. Fins: Minds Apart: Severe brain injury, citizenship and civil rights
19: A. M. Viens: Reciprocity and Neuroscience in Public Health Law
20: C. Boudreau, S Coulson and M. D. McCubbins: Pathways to Persuasion: How neuroscience can inform the study and practice of law
21: L. Capraro: The Juridical Rise of Emotions in the Decisional Process of Popular Juries
22: D. W. Pfaff: Possible Neural Mechanisms Underlying Ethical Behaviour
23: J. D. Duffy: What Hobbes Left Out: The neuroscience of comparison and its implications for a new Commonwealth
24: S. Goldberg: Neuroscience and the Free Exercise of Religion
25: E. Cárceres: Steps toward a Constructivist and Coherentist Theory of Judicial Reasoning in Civil Law Tradition
26: M. B. Hoffman: Evolutionary Jurisprudence: The end of the naturalistic fallacy and the beginning of natural reform?
27: D. S. Goldberg: The History of Scientific and Clinical Images in Mid-to-Late 19th Century American Legal Culture: Implications for contemporary law and neuroscience
28: S. J. Morse: Lost in Translation? An essay on law and neuroscience;

About the Author

Edited by Michael Freeman, Professor of English Law, University College London

Michael Freeman is Professor of English Law at University College London and is the series editor for Current Legal Issues.

Contributors: 

Christopher L. Asplund, Vanderbilt University
Cheryl Boudreau, University of California, Davis
Joshua W. Buckholtz, Vanderbilt University
Theodore Y. Blumoff, Mercer University
Laura Capraro, University of Roma
June Carbone, University of Missouri-Kansas City
Enrique Cárceres, National Autonomous University of Mexico
Lisa Claydon, Bristol Law School
Seana Coulson, University of California, San Diego
James D. Duffy, University of Texas
Paul E. Dux, Vanderbilt University
Joseph J. Fins, Weill Medical College of Cornell University
John Martin Fischer, University of California, Riverside
Charles Foster, The Ethox Centre, University of Oxford, and Outer Temple Chambers, London
Dov Fox, Yale University
Michael Freeman, FBA, University College London
Walter Glannon, University of Calgary
Daniel S. Goldberg, Baylor College of Medicine
Steven Goldberg, Georgetown University Law Center
John C. Gore, Vanderbilt University
Henry T. Greely, Stanford University
Betsy J. Grey, Arizona State University
Morris B. Hoffman, District Judge, State of Colorado, University of Colorado
Owen D. Jones, Vanderbilt University
Gert-Jan Lokhorst, Delft University of Technology
Mathew D. McCubbins, University of California, San Diego
Robin Mackenzie, University of Kent
René Marois, Vanderbilt University
Terry A. Maroney, Vanderbilt University Law School
Stephen Morse, University of Pennsylvania Law School
Donald W. Pfaff, The Rockefeller University
Adina L. Roskies, Dartmouth College
Mohamed Sakel, East Kent University Hospital Trust
Walter Sinnott-Armstrong, Dartmouth College
David Terracina, University of Roma
A.M. Viens, Queen Mary, University of London
Nicole A. Vincent, Delft University of Technology
Dominic Wilkinson, University of Oxford, Uehiro Centre for Practical Ethics
David H. Zald, Vanderbilt University

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