Minds, Brains, and Law: The Conceptual Foundations of Law and Neuroscience

Minds, Brains, and Law: The Conceptual Foundations of Law and Neuroscience (Oxford University Press, 2013), Forthcoming

U of Alabama Legal Studies Research Paper No. 2330892

27 Pages Posted: 27 Sep 2013

See all articles by Michael S. Pardo

Michael S. Pardo

University of Alabama School of Law

Dennis Patterson

Rutgers University School of Law, Camden; University of Surrey - School of Law

Date Written: September 25, 2013

Abstract

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.

Keywords: mind, brain, neuroscience, fMRI, EEG, conceptual, empirical, normativity, knowledge, intent, memory, jurisprudence, moral decision making, economic decision making, emotion, rationality, lie detection, actus reus, mens rea, insanity, Fourth Amendment, Fifth Amendment, self-incrimination, free will

Suggested Citation

Pardo, Michael S. and Patterson, Dennis, Minds, Brains, and Law: The Conceptual Foundations of Law and Neuroscience (September 25, 2013). Minds, Brains, and Law: The Conceptual Foundations of Law and Neuroscience (Oxford University Press, 2013), Forthcoming; U of Alabama Legal Studies Research Paper No. 2330892. Available at SSRN: https://ssrn.com/abstract=2330892

Michael S. Pardo (Contact Author)

University of Alabama School of Law ( email )

P.O. Box 870382
Tuscaloosa, AL 35487
United States

Dennis Patterson

Rutgers University School of Law, Camden ( email )

Camden, NJ 08102-1203
United States
856-225-6369 (Phone)
856-751-8752 (Fax)

University of Surrey - School of Law ( email )

United Kingdom

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