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Memory And Law

Author: Lynn Nadel
Publisher: Oxford University Press
ISBN: 0199920753
Size: 37.81 MB
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The legal system depends upon memory function in a number of critical ways, including the memories of victims, the memories of individuals who witness crimes or other critical events, the memories of investigators, lawyers, and judges engaged in the legal process, and the memories of jurors. How well memory works, how accurate it is, how it is affected by various aspects of the criminal justice system — these are all important questions. But there are others as well: Can we tell when someone is reporting an accurate memory? Can we distinguish a true memory from a false one? Can memories be selectively enhanced, or erased? Are memories altered by emotion, by stress, by drugs? These questions and more are addressed by Memory and Law, which aims to present the current state of knowledge among cognitive and neural scientists about memory as applied to the law.

Conscious Will And Responsibility

Author: Benjamin Libet
Publisher: Oxford University Press
ISBN: 0195381645
Size: 59.18 MB
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We all seem to think that we do the acts we do because we consciously choose to do them. This commonsense view is thrown into dispute by Benjamin Libet's eyebrow-raising experiments, which seem to suggest that conscious will occurs not before but after the start of brain activity that produces physical action.Libet's striking results are often claimed to undermine traditional views of free will and moral responsibility and to have practical implications for criminal justice. His work has also stimulated a flurry of further fascinating scientific research--including findings in psychology by Dan Wegner and in neuroscience by John-Dylan Haynes--that raises novel questions about whether conscious will plays any causal role in action. Critics respond that both commonsense views of action and traditional theories of moral and legal responsibility, as well as free will, can survive the scientific onslaught of Libet and his progeny. To further this lively debate, Walter Sinnott-Armstrong and Lynn Nadel have brought together prominent experts in neuroscience, psychology, philosophy, and law to discuss whether our conscious choices really cause our actions, and what the answers to that question mean for how we view ourselves and how we should treat each other.

Neuroscience And Legal Responsibility

Author: Nicole A Vincent
Publisher: Oxford University Press
ISBN: 0199925615
Size: 52.55 MB
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Adopting a broadly compatibilist approach, this volume's authors argue that the behavioral and mind sciences do not threaten the moral foundations of legal responsibility. Rather, these sciences provide fresh insight into human agency and updated criteria as well as powerful diagnostic and intervention tools for assessing and altering minds.

Addiction And Self Control

Author: Neil Levy
Publisher: Oxford University Press
ISBN: 0199862583
Size: 21.80 MB
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This book brings cutting edge neuroscience and psychology into dialogue with philosophical reflection to illuminate the loss of control experienced by addicts, and thereby cast light on ordinary agency and the way in which it sometimes goes wrong.

Minds Brains And Law

Author: Michael S. Pardo
Publisher: Oxford University Press
ISBN: 0199812136
Size: 62.23 MB
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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.

Explaining The Brain

Author: Carl F. Craver
Publisher: Oxford University Press
ISBN: 0199299315
Size: 52.76 MB
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Carl Craver investigates what we are doing when we use neuroscience to explain what>'s going on in the brain. When does an explanation succeed and when does it fail? Craver offers explicit standards for successful explanation of the workings of the brain, on the basis of a systematic view about what neuroscientific explanations are: they are descriptions of mechanisms.

The Future Of Punishment

Author: Thomas A. Nadelhoffer
Publisher: Oxford University Press
ISBN: 019977935X
Size: 68.94 MB
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Scholars are struggling to come to grips with the picture of human agency being pieced together by researchers in the biosciences. This volume aims at providing philosophers, neuroscientists, psychologists, and legal theorists with an opportunity to examine the cluster of related issues that will need to be addressed in light of these developments. Each of the twelve essays collected here sheds light on an issue essential to the future of punishment and retribution. In addition to exploring the sorts of issues traditionally discussed when it comes to free will and punishment, the volume also contains several chapters on the relevance (or lack thereof) of advances in the biosciences to our conceptions of agency and responsibility. While some contributors defend the philosophical status quo, others advocate no less than a total revaluation of our fundamental beliefs about moral and legal responsibility. This volume exposes the reader to cutting-edge research on the thorny relationship between traditional theories of agency and responsibility and recent and future scientific advances pertaining to these topics. It also provides an introduction to some of the long-standing debates in action theory and the philosophy of law, which concern the justification of punishment more generally.

A Primer On Criminal Law And Neuroscience

Author: Stephen J. Morse
Publisher: Oxford University Press
ISBN: 0199859175
Size: 58.73 MB
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This handbook, the result of a three-year multidisciplinary initiative supported by the John D. and Catherine T. MacArthur foundation, brings lawyers, neuroscientists, and philosophers together to explore the appropriate relation between neuroscience and law.

The Oxford Handbook Of Philosophy And Neuroscience

Author: John Bickle
Publisher: Oxford University Press
ISBN: 0199719500
Size: 14.79 MB
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The Oxford Handbook of Philosophy and Neuroscience is a state-of-the-art collection of interdisciplinary research spanning philosophy (of science, mind, and ethics) and current neuroscience. Containing chapters written by some of the most prominent philosophers working in this area, and in some cases co-authored with neuroscientists, this volume reflects both the breadth and depth of current work in this exciting field. Topics include the nature of explanation in neuroscience; whether and how current neuroscience is reductionistic; consequences of current research on the neurobiology of learning and memory, perception and sensation, neurocomputational modeling, and neuroanatomy; the burgeoning field of neuroethics and the neurobiology of motivation that increasingly informs it; implications from neurology and clinical neuropsychology, especially in light of some bizarre symptoms involving misrepresentations of self; the extent and consequences of multiple realization in actual neuroscience; the new field of neuroeudamonia; and the neurophilosophy of subjectivity. This volume will interest philosophers working in numerous fields who wish to see how current neuroscience is being brought to bear directly on philosophical issues. It will also be of interest to neuroscientists who wish to learn how the research programs of some of their colleagues are being enriched by interaction with philosophers, and finally to those working in any interdisciplinary field who wish to see how two seemingly disparate disciplines--one traditional and humanistic, the other new and scientific--are being brought together to both disciplines' mutual benefit.

The Neuroethics Of Biomarkers

Author: Matthew L. Baum
Publisher: Oxford University Press
ISBN: 0190236272
Size: 20.24 MB
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Neuroscientists are mining nucleic acids, blood, saliva, and brain images in hopes of uncovering biomarkers that could help estimate risk of brain disorders like psychosis and dementia; though the science of bioprediction is young, its prospects are unearthing controversy about how bioprediction should enter hospitals, courtrooms, or state houses. While medicine, law, and policy have established protocols for how presence of disorders should change what we owe each other or who we blame, they have no stock answers for the probabilities that bioprediction offers. The Neuroethics of Biomarkers observes, however, that for many disorders, what we really care about is not their presence per se, but certain risks that they carry. The current reliance of moral and legal structures on a categorical concept of disorder (sick verses well), therefore, obscures difficult questions about what types and magnitudes of probabilities matter. Baum argues that progress in the neuroethics of biomarkers requires the rejection of the binary concept of disorder in favor of a probabilistic one based on biological variation with risk of harm, which Baum names a "Probability Dysfunction." This risk-reorientation clarifies practical ethical issues surrounding the definition of mental disorder in the DSM-5 and the nosology of conditions defined by risk of psychosis and dementia. Baum also challenges the principle that the acceptability of bioprediction should depend primarily on whether it is medically useful by arguing that biomarkers can also be morally useful through enabling moral agency, better assessment of legal responsibility, and fairer distributive justice. The Neuroethics of Biomarkers should be of interest to those within neuroethics, medical ethics, and the philosophy of psychiatry.