Symposium on Minds, Brains, and Law: A Reply
Jurisprudence, 2015, Forthcoming
19 Pages Posted: 11 Mar 2015
Date Written: March 10, 2015
This essay, forthcoming in a symposium issue of Jurisprudence, replies to reviews of our book, Minds, Brains, and Law: The Conceptual Foundations of Law and Neuroscience (Oxford University Press, 2013), by Stephen Morse, Teneille Brown, and David Faigman. Morse and Brown are largely in agreement with many aspects of our arguments. But they each raise challenges with respect to some of the details. We first discuss the extensions, amendments, and objections they each have raised. Faigman takes a more critical stance. Accordingly, we devote the bulk of our reply to correcting several misunderstanding and misinterpretations that underlie his critique.
Keywords: neuroscience, fMRI, lie detection, expert evidence, legal proof, criminal law, actus reus, mens rea, knowledge
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