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 neuroscientists have deepened our understanding of the complex relationship between the mind and the brain by using new techniques such as functional magnetic resonance imaging (fMRI) and electroencephalography (EEG). The inferences drawn from these findings and increasingly sophisticated technologies are being applied to debates and processes in the legal field, from lie detection in criminal trials to critical legal doctrines surrounding the insanity defense or guilt adjudication.
In Minds, Brains, and Law: The Conceptual Foundations of Law and Neuroscience, Michael S. Pardo and Dennis Patterson assess the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. They examine the arguments favoring the increased use of neuroscience in law, the means for assessing its reliability in legal proceedings, and the integration of neuroscientific research into substantive legal doctrines.
The authors use their explorations to inform a corrective inquiry into the mistaken inferences and conceptual errors that arise from mismatched concepts, such as the mental disconnect of what constitutes "lying" on a lie detection test. The empirical, practical, ethical, and conceptual issues that Pardo and Patterson seek to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.
| Preface |
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ix | |
| Introduction |
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xiii | |
| I Clarifications and Caveats about the Scope of This Project |
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xvi | |
| II A Brief Overview of the Science and Technology |
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III A Summary of the
Chapters |
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xxv | |
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1 | (22) |
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I The Conceptual and the Empirical |
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5 | (3) |
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II Criterial and Inductive Evidence |
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8 | (4) |
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III Unconscious Rule Following |
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12 | (3) |
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15 | (2) |
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17 | (3) |
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VI The Mereological Fallacy |
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20 | (3) |
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23 | (24) |
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24 | (4) |
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II Eliminative Materialism and the "Theory" of Folk Psychology |
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28 | (5) |
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III Two Examples of Neuro-Reductionism and Its Implications for Law |
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33 | (9) |
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IV Conceptions of Mind and the Role of Neuroscience in Law |
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42 | (5) |
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3 Neuroscience and Legal Theory: Jurisprudence, Morality, and Economics |
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47 | (32) |
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II Emotion and Moral Judgments |
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III Mind, Moral Grammar, and Knowledge |
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63 | (8) |
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71 | (8) |
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4 Brain-Based Lie Detection |
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79 | (42) |
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82 | (10) |
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II EEG Lie Detection ("Brain Fingerprinting") |
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92 | (2) |
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III Analysis: Empirical, Conceptual, and Practical Issues |
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94 | (27) |
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121 | (27) |
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122 | (8) |
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130 | (10) |
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140 | (8) |
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148 | (31) |
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150 | (11) |
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161 | (15) |
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176 | (3) |
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7 Theories of Criminal Punishment |
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179 | (29) |
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I A Brief Taxonomy of Theories of Criminal Punishment |
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183 | (3) |
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II The First Challenge: Brains and Punishment Decisions |
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186 | (5) |
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III The Second Challenge: Neuroscience and Intuitions about Punishment |
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191 | (17) |
| Conclusion |
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208 | (3) |
| Bibliography |
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211 | (18) |
| Table of Cases |
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229 | (4) |
| Index |
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233 | |
Michael S. Pardo is the Henry Upson Sims Professor of Law at the University of Alabama School of Law. His scholarship explores epistemological issues in the areas of evidence, criminal procedure, civil procedure, and jurisprudence, with a specific focus regarding evidence and legal proof. He is the co-author of the fifth edition of Evidence: Text, Problems, and Cases (2011, with Allen, Kuhns, Swift, and Schwartz). He received his JD from Northwestern University School of Law.
Dennis Patterson is the chair in Legal Philosophy and Legal Theory at the European University Institute, and is also the Board of Governors Professor of Law and Philosophy at Rutgers University School of Law, and chair in Jurisprudence and International Trade at Swansea University. His scholarship includes commercial law, trade law, and legal philosophy. Patterson is the author of Law and Truth (Oxford University Press, 1996) and The New Global Trading Order (2008, with Ari Afilalo).
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