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Medical and Healthcare Law x Jurisprudence and Philosophy of Law x clear all

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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 Philosophical Foundations of Law and Neuroscience

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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Lie-detection, Neuroscience, and the Law of Evidence

Frederick Schauer.

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. 12006 words.

This chapter focuses on neuroscience-based lie-detection from the perspective of the policies and epistemic norms underlying the law of evidence and legal proof. It makes the case that in...

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Mind-reading by Brain-reading and Criminal Responsibility

Gideon Yaffe.

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. 14616 words.

This chapter explores whether neuroscience can provide ‘mind-reading’ evidence that may be useful for legal proceedings. It argues that neuroscience may indeed provide a type of...

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Minds, Brains, and Law

Michael S. Pardo and Dennis Patterson.

November 2013; p ublished online January 2014 .

Book. Subjects: Jurisprudence and Philosophy of Law; Medical and Healthcare Law. 268 pages.

As neuroscientific technologies continue to develop and inform our understanding of the mind, the opportunities for applying neuroscience in legal proceedings have also increased. Cognitive...

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A Neurological Foundation for Freedom

Nita A. Farahany.

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. 9542 words.

This chapter seeks to reframe the neurolaw discussions involving the concepts of free will, mind, and action from the previous two chapters. Specifically, the chapter shifts from...

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Neuroscience and Legal Theory: Jurisprudence, Morality, and Economics

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. 14474 words.

This chapter discusses several issues at the intersection of neuroscience and legal theory. It first considers claims about how neuroscience may illuminate issues in general jurisprudence....

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The Neuroscience of Volitional Excuse

Michael S. Moore.

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. 29352 words.

This chapter brings together major philosophical topics involving the mind, free will, action, morality, causation, and metaphysics in discussing the topic of the volitional excuse. Ranging...

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Philosophical Foundations of Law and Neuroscience

Edited by Dennis Patterson and Michael S. Pardo.

July 2016; p ublished online August 2016 .

Book. Subjects: Jurisprudence and Philosophy of Law; Medical and Healthcare Law. 272 pages.

The intersection between law and neuroscience has been a focus of intense research for the past decade, as an unprecedented amount of attention has been triggered by the increased use of...

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Philosophical Issues

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. 10166 words.

This chapter discusses philosophical issues at the heart of claims about the ways that neuroscience will or ought to inform (and in some cases, transform) law. It distinguishes between...

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The Place for Neuroscience in Criminal Law

Deborah W. Denno.

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. 7925 words.

The last thirty years have seen an explosion of neuroscience research on how the mind functions. This research paints a revised image of what constitutes human nature and behaviour and how...

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The Promise of Neuroscience for Law

Michael S. Pardo and Dennis Patterson.

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. 10954 words.

This chapter considers the claims made on behalf of neuroscience in three areas: legal philosophy, emotion and moral judgment, and economics. It argues that reductionist claims made for the...

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