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Law and Neuroscience
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Law and Neuroscience: Current Legal Issues Volume 13

Michael Freeman

Abstract

Current Legal Issues, like its sister series Current Legal Problems, is based upon an annual colloquium held at University College London. Each year leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. This book, the latest volume in the Current Legal Issues ... More

Keywords: law, neuroscience, legal thought, legal argument, legal theory, legal practice, inter-connections, key issues

Bibliographic Information

Print publication date: 2011 Print ISBN-13: 9780199599844
Published to Oxford Scholarship Online: May 2011 DOI:10.1093/acprof:oso/9780199599844.001.0001

Authors

Affiliations are at time of print publication.

Michael Freeman, Editor
Professor of English Law, University College London
Author Webpage

Contents

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Front Matter

Title Pages

Preface

List of Contributors

1 Introduction: Law and the Brain

2 What Neuroscience Can (and Cannot) Tell Us about Criminal Responsibility

3 Mens Rea, Logic, and the Brain

4 Indeterminism and Control: An Approach to the Problem of Luck

5 Neuroscience and Criminal Responsibility: Proving ‘Can't Help Himself’ as a Narrow Bar to Criminal Liability

6 Madness, Badness, and Neuroimaging-Based Responsibility Assessments

7 Brain Images as Evidence in the Criminal Law

8 The Neural Correlates of Third-Party Punishment

9 Law, Neuroscience, and Criminal Culpability

10 How (Some) Criminals Are Made

11 Neuroscience and Penal Law: Ineffectiveness of the Penal Systems and Flawed Perception of the Under‐Evaluation of Behaviour Constituting Crime. The Particular Case of Crimes Regarding Intangible Goods

12 Neuroscience and Emotional Harm in Tort Law: Rethinking the American Approach to Free-Standing Emotional Distress Claims

13 Neuroscience and Ideology: Why Science Can Never Supply a Complete Answer for Adolescent Immaturity

14 Adolescent Brain Science and Juvenile Justice

15 The Neuroscience of Cruelty as Brain Damage: Legal Framings of Capacity and Ethical Issues in the Neurorehabilitation of Motor Neurone Disease and Behavioural Variant Frontotemporal Dementia

16 The Carmentis Machine: Legal and Ethical Issues in the Use of Neuroimaging to Guide Treatment Withdrawal in Newborn Infants

17 The Right to Silence Protects Mental Control*

18 Minds Apart: Severe Brain Injury, Citizenship, and Civil Rights

19 Reciprocity Reciprocity and Neuroscience in Public Health Law

20 Pathways to Persuasion: How Neuroscience Can Inform the Study and Practice of Law†

21 The Juridical Role of Emotions in the Decisional Process of Popular Juries

22 Possible Legal Implications of Neural Mechanisms Underlying Ethical Behaviour

23 What Hobbes Left Out: The Neuroscience of Compassion and its Implications for a New Common-wealth

24 Neuroscience and the Free Exercise of Religion

25 Steps toward a Constructivist and Coherentist Theory of Judicial Reasoning in Civil Law Tradition*

26 Evolutionary Jurisprudence: The End of the Naturalistic Fallacy and the Beginning of Natural Reform?

27 The History of Scientific and Clinical Images in Mid-to-Late Nineteenth-Century American Legal Culture: Implications for Contemporary Law and Neuroscience

28 Lost in Translation? An Essay on Law and Neuroscience

End Matter

Index of Names

Index of Subjects