Symposium on Minds, Brains, and Law: A Reply

19 Pages Posted: 11 Mar 2015

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: March 10, 2015

Abstract

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

Suggested Citation

Pardo, Michael S. and Patterson, Dennis, Symposium on Minds, Brains, and Law: A Reply (March 10, 2015). Jurisprudence, 2015, Forthcoming; U of Alabama Legal Studies Research Paper No. 2576360. Available at SSRN: https://ssrn.com/abstract=2576360

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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