Minds, Brains, and Law


Book Description

This book addresses the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. 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.




Philosophical Foundations of Law and Neuroscience


Book Description

Bringing together the latest work from leading scholars in this emerging and vibrant subfield of law, this book examines the philosophical issues that inform the intersection between law and neuroscience.




Philosophical Foundations of Human Rights


Book Description

Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics




Philosophical Foundations of Constitutional Law


Book Description

Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must address; what problems constitutions usually address; and some of the issues raised by the administration of a constitutional regime. Although these issues of institutional design are of abiding importance, many of them have taken on new significance in the last few years as law-makers have been forced to return to first principles in order to justify novel practices and arrangements in their constitutional orders. Thus, questions of constitutional 'revolutions', challenges to the demands of the rule of law, and the separation of powers have taken on new and pressing importance. The essays in this volume address these questions, filling the gap in the philosophical analysis of constitutional law. The volume will provoke specialists in philosophy, politics, and law to develop new philosophically grounded analyses of constitutional law, and will be a valuable resource for graduate students in law, politics, and philosophy.




Philosophical Foundations of Neuroscience


Book Description

The second edition of the seminal work in the field—revised, updated, and extended In Philosophical Foundations of Neuroscience, M.R. Bennett and P.M.S. Hacker outline and address the conceptual confusions encountered in various neuroscientific and psychological theories. The result of a collaboration between an esteemed philosopher and a distinguished neuroscientist, this remarkable volume presents an interdisciplinary critique of many of the neuroscientific and psychological foundations of modern cognitive neuroscience. The authors point out conceptual entanglements in a broad range of major neuroscientific and psychological theories—including those of such neuroscientists as Blakemore, Crick, Damasio, Dehaene, Edelman, Gazzaniga, Kandel, Kosslyn, LeDoux, Libet, Penrose, Posner, Raichle and Tononi, as well as psychologists such as Baar, Frith, Glynn, Gregory, William James, Weiskrantz, and biologists such as Dawkins, Humphreys, and Young. Confusions arising from the work of philosophers such as Dennett, Chalmers, Churchland, Nagel and Searle are subjected to detailed criticism. These criticisms are complemented by constructive analyses of the major cognitive, cogitative, emotional and volitional attributes that lie at the heart of cognitive neuroscientific research. Now in its second edition, this groundbreaking work has been exhaustively revised and updated to address current issues and critiques. New discussions offer insight into functional magnetic resonance imaging (fMRI), the notions of information and representation, conflict monitoring and the executive, minimal states of consciousness, integrated information theory and global workspace theory. The authors also reply to criticisms of the fundamental arguments posed in the first edition, defending their conclusions regarding mereological fallacy, the necessity of distinguishing between empirical and conceptual questions, the mind-body problem, and more. Essential as both a comprehensive reference work and as an up-to-date critical review of cognitive neuroscience, this landmark volume: Provides a scientifically and philosophically informed survey of the conceptual problems in a wide variety of neuroscientific theories Offers a clear and accessible presentation of the subject, minimizing the use of complex philosophical and scientific jargon Discusses how the ways the brain relates to the mind affect the intelligibility of neuroscientific research Includes fresh insights on mind-body and mind-brain relations, and on the relation between the notion of person and human being Features more than 100 new pages and a wealth of additional diagrams, charts, and tables Continuing to challenge and educate readers like no other book on the subject, the second edition of Philosophical Foundations of Neuroscience is required reading not only for neuroscientists, psychologists, and philosophers, but also for academics, researchers, and students involved in the study of the mind and consciousness.




Philosophical Foundations of Language in the Law


Book Description

This collection brings together the best contemporary philosophical work in the area of intersection between philosophy of language and the law. Some of the contributors are philosophers of language who are interested in applying advances in philosophy of language to legal issues, and some of the participants are philosophers of law who are interested in applying insights and theories from philosophy of language to their work on the nature of law and legal interpretation. By making this body of recent work available in a single volume, readers will gain both a general overview of the various interactions between language and law, and also detailed analyses of particular areas in which this interaction is manifest. The contributions to this volume are grouped under three main general areas: The first area concerns a critical assessment, in light of recent advances in philosophy of language, of the foundational role of language in understanding the nature of law itself. The second main area concerns a number of ways in which an understanding of language can resolve some of the issues prevalent in legal interpretation, such as the various ways in which semantic content can differ from law's assertive content; the contribution of presuppositions and pragmatic implicatures in understanding what the law conveys; the role of vagueness in legal language, for example. The third general topic concerns the role of language in the context of particular legal doctrines and legal solutions to practical problems, such as the legal definitions of inchoate crimes, the legal definition of torture, or the contractual doctrines concerning default rules. Together, these three key issues cover a wide range of philosophical interests in law that can be elucidated by a better understanding of language and linguistic communication.




The Moral Conflict of Law and Neuroscience


Book Description

"New insights offered by neuroscience have provoked discussions of the nature of human agency and responsibility. Alces draws on neuroscience to explore the internal contradictions of legal doctrines, and consider what would be involved in constructing novel legal regimes based on emerging understandings of human capacities and characteristics not only in criminal law but in contract and tort law."--Provided by publisher.




Law and Neuroscience


Book Description

"Coursebook on law and neuroscience, including the bearing of neuroscience on criminal law, criminal procedure, and evidence"--




Philosophical Foundations of Discrimination Law


Book Description

Exploring the philosophical foundations of discrimination law as it exists in several jurisdictions, this collection of all new essays bridges the gap between abstract philosophical work on justice and fairness and legal work on specific types of discrimination.




Philosophical Foundations of the Law of Torts


Book Description

This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.