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Law and MedicineCurrent Legal Issues Volume 3$
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Michael Freeman and Andrew Lewis

Print publication date: 2000

Print ISBN-13: 9780198299189

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198299189.001.0001

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Mind and Body: Medicine and Law

Mind and Body: Medicine and Law

Chapter:
(p.558) (p.559) Mind and Body: Medicine and Law
Source:
Law and Medicine
Author(s):

B. Mahendra

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198299189.003.0032

This chapter examines the ways clinical medical practice and the courts, in applying legal principles, consider how the mind and body operate and how they interact. Having given a very general account of developments in modern neuroscience, it pays special attention to the apparent paradox that medical practice, which might reasonably be believed to have ready access to the fruits of neuroscientific research, is reluctant, on the whole, to accept that mental processes originate in the brain; whereas the law, in both its civil and criminal aspects, with no claim to any sophisticated understanding of neurobiological processes, is seemingly able to accept the interaction. The chapter concludes by trying to understand and explain these different approaches taken by the two professions.

Keywords:   clinical medical practice, courts, mind, body, neuroscience, law

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