Law and Mind: A Survey of Law and the Cognitive Sciences

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Law and Mind: A Survey of Law and the Cognitive Sciences

Edited by Bartosz Brozek · Jaap Hage · Nicole Vincent
Cambridge University Press April 2021

Specifications

ISBN-13
9781108486002
Publisher
Cambridge University Press
Publication
April 2021
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

  • Utilizes the newest insights from cognitive sciences to shed light on different spheres of legal reflection and practice
  • Highlights the tension between the scientific and the legal conceptions of human decision-making
  • Explores the links between insights from the cognitive sciences to philosophical questions about law - as well as the limitations of these connections

Table of Contents

1. Between Law and the Cognitive Sciences. A Manifesto - Bartosz Brożek, Jaap Hage
Part I. Metatheory and Methodology:
2. Are the Cognitive Sciences Relevant for Law? - Jaap Hage
3. Social and Normative Facts - Carsten Heidemann
4. Law, Folk Psychology and Cognitive Science - Łukasz, Kurek
5. Law and the Cognitive Science of Ordinary Concepts - Kevin Tobia
Part II. Ontology and Epistemology:
6. Cognitive Science and the Nature of Law - Corrado Roversi
7. The Architecture of the Legal Mind - Bartosz Brożek
8. The Psychology of the Trial Judge - Morris B. Hoffman
9. Institutional Design and the Psychology of the Trial Judge - Adi Leibovitch
10. Bias as the Surface or the Core? A Comment on the Psychology of the Trial Judge - Eyal Aharoni
Part III. Legal Doctrine and Cognitive Sciences:
11. Private Law and Cognitive Science - Przemyslaw Palka
12. Private Law and Cognitive Science: A Methodological Commentary - Bartosz Brożek, Marek Jakubiec
13. Responsibility, Liability, and Retribution - Jaap Hage and Antonia Waltermann
14. Guilt in Criminal Law: Guilt in Us or in Stars? - Mikołaj Małecki and Marek Sławiński
15. The Insanity Defense - Gerben Meynen
16. Thoughts on the Insanity Defense - Lisa Claydon and Paul Catley
Part IV. Evidence:
17. Implications of Neurotechnology: Brain Recording and Intervention - Pim Haselager
18. Neuroimaging Evidence in US Courts - Jane Campbell Moriarty
19.1. Neuroscientific Evidence in Context - D.W. Denno
20. Some Issues in Interpreting Neuroscientific Evidence - Bartłomiej Kucharzyk
21. Explanation-Based Approaches to Reasoning About Evidence and Proof in Criminal Trials - Anne Ruth Mackor, Hylke Jellema and Peter J. van Koppen
Part V. Dissenting Opinions:
22. A Non-Naturalist Account of Law's Place in Reality - George Pavlakos
23. The Law & Cognitive Science Enterprise: A Few Analytic Notes - Pierluigi Chiassoni
24. The Cognitive Approach in Legal Science and Practice: A History of Four Revolutions - Jerzy Stelmach
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