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Brain-Based Lie Detection

Michael S. Pardo and Dennis Patterson.

in Minds, Brains, and Law

November 2013; p ublished online January 2014 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Medical and Healthcare Law. 19243 words.

This chapter discusses brain-based lie detection. It examines two types of brain-based technology that are currently being studied in laboratory settings and marketed for real-world use....

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The Concept of Mind

Michael S. Pardo and Dennis Patterson.

in Minds, Brains, and Law

November 2013; p ublished online January 2014 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Medical and Healthcare Law. 10220 words.

This chapter examines issues that illustrate the importance of conceptions of “mind” in the debates over how to think about the role of neuroscience in law. It discusses the explanatory...

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Conclusion

Michael S. Pardo and Dennis Patterson.

in Minds, Brains, and Law

November 2013; p ublished online January 2014 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Medical and Healthcare Law. 904 words.

This concluding chapter presents some thoughts about the importance of philosophy for law and neuroscience and for the particular approach taken to the philosophical challenges. It argues...

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Criminal Law Doctrine

Michael S. Pardo and Dennis Patterson.

in Minds, Brains, and Law

November 2013; p ublished online January 2014 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Medical and Healthcare Law. 12656 words.

This chapter examines arguments about the use of neuroscience to inform three primary doctrinal categories for adjudicating guilt: actus reus, mens rea, and the insanity defense. For each...

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Criminal Procedure

Michael S. Pardo and Dennis Patterson.

in Minds, Brains, and Law

November 2013; p ublished online January 2014 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Medical and Healthcare Law. 13722 words.

This chapter examines the three primary constitutional provisions that limit the gathering and use of neuroscientific evidence by the government: the Fourth Amendment, the Fifth Amendment...

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Dualism and Doctrine

Dov Fox and Alex Stein.

in Philosophical Foundations of Law and Neuroscience

July 2016; p ublished online August 2016 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Medical and Healthcare Law. 19595 words.

This chapter argues that remnants of substance dualism or the ‘Cartesian’ theory of mind remain entrenched in legal doctrine in torts, criminal law, and constitutional criminal procedure....

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Free Will as a Matter of Law

Adam J. Kolber.

in Philosophical Foundations of Law and Neuroscience

July 2016; p ublished online August 2016 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Medical and Healthcare Law. 10862 words.

This chapter confronts the issue of free will in neurolaw, rejecting one of the leading views of the relationship between free will and legal responsibility on the ground that the current...

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The Inevitable Mind in the Age of Neuroscience

Stephen J. Morse.

in Philosophical Foundations of Law and Neuroscience

July 2016; p ublished online August 2016 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Medical and Healthcare Law. 11658 words.

This chapter argues that free will is not a presupposition of criminal law, or any other area of law, and thus causal determinism about mental states and actions (whether illuminated by...

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Introduction

Michael S. Pardo and Dennis Patterson.

in Minds, Brains, and Law

November 2013; p ublished online January 2014 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Medical and Healthcare Law. 6555 words.

This introductory chapter begins with a brief discussion of the complications resulting from the proposed use of neuroscience to inform issues of law and public policy. It explains the...

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Introduction to <i>Philosophical Foundations of Law and Neuroscience</i>

Dennis Patterson and Michael S. Pardo.

in Philosophical Foundations of Law and Neuroscience

July 2016; p ublished online August 2016 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Medical and Healthcare Law. 3654 words.

This introductory chapter is an overview on the theory and applications of both the fields of law and neuroscience—‘neurolaw’. It shows how the rapid expansion of neurolaw follows from two...

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