Administrative / Constitutional Law

Law, Science, Rationality

Edited by Antonia Waltermann · David Roef · Jaap Hage · Marko Jelicic
Eleven International Publishing December 2019

Specifications

ISBN-13
9789462369894
Publisher
Eleven International Publishing
Publication
December 2019
Format
Paperback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

The edited volume brings together scholars in the field of law and the cognitive sciences, in particular law and the neurosciences. It considers what the relationship between law and the cognitive sciences is and should be from a theoretical perspective, for example by asking in what way and to what extent insights from the cognitive sciences can and should impact legal concepts, rules and paradigms. The topic of criminal responsibility exemplifies this relationship and several authors analyze specific elements of criminal responsibility in light of insights from the cognitive sciences.

Table of Contents

1. What Is Wrong with Hungry Judges? A Case Study of Legal Implications of Cognitive Science - C. Bublitz
i. Introduction
ii. The Hungry Judge Study
iii. Legal Errors
iv. Normative Implications
v. Assessing the Study
vi. Conclusion
References
2. Autonomy, Reason and Bias in Contract Law - J. Hage
i. Introduction
ii. The Justification of Contractual Obligations
iii. The Anchoring Bias
iv. Coping with Irrationality
v. Conclusion
References
3. Why Non-Human Agency - A. Waltermann
i. Introduction
ii. Non-Human Actors and the Law
iii. The Metaphysical Frame of Reference of Action
iv. Investigating the Metaphysical Frame of Reference
v. The Relevance of Investigating the Metaphysical Frame of Reference
vi. Conclusion
References
4. Bringing (the Right) Feelings Back: Culpability, Punishment, and Violence in the Era of Social and Affective Neuroscience - F. Coppola
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