The Legal Brain

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Your Brain and Law School

Author : Marybeth Herald
Publisher :
ISBN 13 : 9781611632262
Total Pages : 0 pages
Book Rating : 4.6/5 (322 download)

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Book Synopsis Your Brain and Law School by : Marybeth Herald

Download or read book Your Brain and Law School written by Marybeth Herald and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on the latest research, this entertaining, practical guide offers law students a formula for success in school, on the bar exam, and as a practicing attorney. Mastering the law, either as a law student or in practice, becomes much easier if one has a working knowledge of the brain's basic habits. Before you can learn to think like a lawyer, you have to have some idea about how the brain thinks. The first part of this book translates the technical research, explaining learning strategies that work for the brain in law school specifically, and calling out other tactics that are useless (though often popular lures for the misinformed). This book is unique in explaining the science behind the advice and will save you from pursuing tempting shortcuts that will take you in the wrong direction. The second part explores the brain's decision-making processes and cognitive biases. These biases affect the ability to persuade, a necessary skill of the successful lawyer. The book talks about the art and science of framing, the seductive lure of the confirmation and egocentric biases, and the egocentricity of the availability bias. This book uses easily recognizable examples from both law and life to illustrate the potential of these biases to draw humans to mistaken judgments. Understanding these biases is critical to becoming a successful attorney and gaining proficiency in fashioning arguments that appeal to the sometimes quirky processing of the human brain. This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the McGeorge School of Law, University of the Pacific. Your Brain and Law School was a finalist in the Best Published Self-Help and Psychology category of the 2015 San Diego Book Awards

The Legal Mind

Author : Bartosz Broz&775;ek
Publisher : Cambridge University Press
ISBN 13 : 1108493254
Total Pages : 191 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Legal Mind by : Bartosz Broz&775;ek

Download or read book The Legal Mind written by Bartosz Broz&775;ek and published by Cambridge University Press. This book was released on 2019-11-28 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do lawyers think? Brożek presents a new perspective on legal thinking as an interplay between intuition, imagination and language.

Law and the Brain

Author : Semir Zeki
Publisher : OUP Oxford
ISBN 13 : 0191589438
Total Pages : 296 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Law and the Brain by : Semir Zeki

Download or read book Law and the Brain written by Semir Zeki and published by OUP Oxford. This book was released on 2006-02-23 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past 20 years have seen unparalleled advances in neurobiology, with findings from neuroscience being used to shed light on a range of human activities - many historically the province of those in the humanities and social sciences - aesthetics, emotion, consciousness, music. Applying this new knowledge to law seems a natural development - the making, considering, and enforcing of law of course rests on mental processes. However, where some of those activities can be studied with a certain amount of academic detachment, what we discover about the brain has considerable implications for how we consider and judge those who follow or indeed flout the law - with inevitable social and political consequences. There are real issues that the legal system will face as neurobiological studies continue to relentlessly probe the human mind - the motives for our actions, our decision making processes, and such issues as free will and responsibility. This volume represents a first serious attempt to address questions of law as reflecting brain activity, emphasizing that it is the organization and functioning of the brain that determines how we enact and obey laws. It applies the most recent developments in brain science to debates over criminal responsibility, cooperation and punishment, deception, moral and legal judgment, property, evolutionary psychology, law and economics, and decision-making by judges and juries. Written and edited by leading specialists from a range of disciplines, the book presents a groundbreaking and challenging new look at human behaviour.

Law and Neuroscience

Author : Owen D. Jones
Publisher : Aspen Publishing
ISBN 13 : 1543823319
Total Pages : 1004 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Law and Neuroscience by : Owen D. Jones

Download or read book Law and Neuroscience written by Owen D. Jones and published by Aspen Publishing. This book was released on 2022-10-27 with total page 1004 pages. Available in PDF, EPUB and Kindle. Book excerpt: The implications for law of new neuroscientific techniques and findings are now among the hottest topics in legal, academic, and media venues. Law and Neuroscience—a collaboration of professors in law, neuroscience, and biology—is the first and still only coursebook to chart this new territory, providing the world’s most comprehensive collection of neurolaw materials. This text will be of interest to many professors teaching Criminal Law and Torts courses, who would like to incorporate the most current thinking on how biology intersects with the law. New to the Second Edition: Extensively revised chapters, updated with new findings and materials. New chapter on Aging Brains Hundreds of new references and citations to recent developments. Over 600 new references and citations to recent developments, with 260 new readings, including 27 new case selections Highly current material; 45% of cases and publications in the Second Edition were published since the first edition in 2014 Professors and students will benefit from: Technical subjects explained in an accessible manner Extensive glossary of key terms Photos and illustrations enliven the text Professors of any background can teach this course

Law, Mind and Brain

Author : Michael Freeman
Publisher : Routledge
ISBN 13 : 1317107438
Total Pages : 403 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Law, Mind and Brain by : Michael Freeman

Download or read book Law, Mind and Brain written by Michael Freeman and published by Routledge. This book was released on 2017-05-15 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past 20 years, cognitive neuroscience has revolutionized our ability to understand the nature of human thought. Working with the understandings of traditional psychology, the new brain science is transforming many disciplines, from economics to literary theory. These developments are now affecting the law and there is an upsurge of interest in the potential of neuroscience to contribute to our understanding of criminal and civil law and our system of justice in general. The international and interdisciplinary chapters in this volume are written by experts in criminal behaviour, civil law and jurisprudence. They concentrate on the potential of neuroscience to increase our understanding of blame and responsibility in such areas as juveniles and the death penalty, evidence and procedure, neurological enhancement and treatment, property, end-of-life choices, contracting and the effects of words and pictures in law. This collection suggests that legal scholarship and practice will be increasingly enriched by an interdisciplinary study of law, mind and brain and is a valuable addition to the emerging field of neurolaw.

The Legal Brain

Author : Debra S. Austin
Publisher : Cambridge University Press
ISBN 13 : 1009484605
Total Pages : 271 pages
Book Rating : 4.0/5 (94 download)

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Book Synopsis The Legal Brain by : Debra S. Austin

Download or read book The Legal Brain written by Debra S. Austin and published by Cambridge University Press. This book was released on 2024-05-31 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practical advice for legal professionals to optimize cognitive fitness and protect their brain from the damaging effects of chronic stress.

Responsible Brains

Author : William Hirstein
Publisher : MIT Press
ISBN 13 : 0262549271
Total Pages : 305 pages
Book Rating : 4.2/5 (625 download)

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Book Synopsis Responsible Brains by : William Hirstein

Download or read book Responsible Brains written by William Hirstein and published by MIT Press. This book was released on 2023-09-19 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the relationship between the brain and culpability that offers a comprehensive neuroscientific theory of human responsibility. When we praise, blame, punish, or reward people for their actions, we are holding them responsible for what they have done. Common sense tells us that what makes human beings responsible has to do with their minds and, in particular, the relationship between their minds and their actions. Yet the empirical connection is not necessarily obvious. The “guilty mind” is a core concept of criminal law, but if a defendant on trial for murder were found to have serious brain damage, which brain parts or processes would have to be damaged for him to be considered not responsible, or less responsible, for the crime? What mental illnesses would justify legal pleas of insanity? In Responsible Brains, philosophers William Hirstein, Katrina Sifferd, and Tyler Fagan examine recent developments in neuroscience that point to neural mechanisms of responsibility. Drawing on this research, they argue that evidence from neuroscience and cognitive science can illuminate and inform the nature of responsibility and agency. They go on to offer a novel and comprehensive neuroscientific theory of human responsibility. The authors' core hypothesis is that responsibility is grounded in the brain's prefrontal executive processes, which enable us to make plans, shift attention, inhibit actions, and more. The authors develop the executive theory of responsibility and discuss its implications for criminal law. Their theory neatly bridges the folk-psychological concepts of the law and neuroscientific findings.

Minds, Brains, and Law

Author : Michael S. Pardo
Publisher : Oxford University Press
ISBN 13 : 019025310X
Total Pages : 269 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Minds, Brains, and Law by : Michael S. Pardo

Download or read book Minds, Brains, and Law written by Michael S. Pardo and published by Oxford University Press. This book was released on 2015-06-15 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pardo and Patterson assess the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. It examines the arguments favouring 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 book uses its 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.

Legal Insanity and the Brain

Author : Sofia Moratti
Publisher : Bloomsbury Publishing
ISBN 13 : 1509902325
Total Pages : 336 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Legal Insanity and the Brain by : Sofia Moratti

Download or read book Legal Insanity and the Brain written by Sofia Moratti and published by Bloomsbury Publishing. This book was released on 2016-10-20 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark publication offers a unique comparative and interdisciplinary study of criminal insanity and neuroscience. Criminal law theories and ideologies which underpin the regulation of criminal insanity have always been the subject of controversy. The history of criminal insanity is characterised by conceptual and empirical tension between two disciplinary realms: the law and the mind sciences. The authors in this anthology explore in depth the state of the art of legal insanity and the numerous intricate, fascinating, pioneering and sophisticated questions raised by the integration of different criminal law and behaviour theories, diverse disciplines and methodologies, in a genuinely interdisciplinary perspective. This volume will serve as a practical guide for the comparative legal scholar and the judge, as well as stimulating scholarly reading for the neuroscientist, the social scientist and the philosopher with interdisciplinary scientific interests.

Race on the Brain

Author : Jonathan Kahn
Publisher : Columbia University Press
ISBN 13 : 023154538X
Total Pages : 292 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis Race on the Brain by : Jonathan Kahn

Download or read book Race on the Brain written by Jonathan Kahn and published by Columbia University Press. This book was released on 2017-11-07 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of the many obstacles to racial justice in America, none has received more recent attention than the one that lurks in our subconscious. As social movements and policing scandals have shown how far from being “postracial” we are, the concept of implicit bias has taken center stage in the national conversation about race. Millions of Americans have taken online tests purporting to show the deep, invisible roots of their own prejudice. A recent Oxford study that claims to have found a drug that reduces implicit bias is only the starkest example of a pervasive trend. But what do we risk when we seek the simplicity of a technological diagnosis—and solution—for racism? What do we miss when we locate racism in our biology and our brains rather than in our history and our social practices? In Race on the Brain, Jonathan Kahn argues that implicit bias has grown into a master narrative of race relations—one with profound, if unintended, negative consequences for law, science, and society. He emphasizes its limitations, arguing that while useful as a tool to understand particular types of behavior, it is only one among several tools available to policy makers. An uncritical embrace of implicit bias, to the exclusion of power relations and structural racism, undermines wider civic responsibility for addressing the problem by turning it over to experts. Technological interventions, including many tests for implicit bias, are premised on a color-blind ideal and run the risk of erasing history, denying present reality, and obscuring accountability. Kahn recognizes the significance of implicit social cognition but cautions against seeing it as a panacea for addressing America’s longstanding racial problems. A bracing corrective to what has become a common-sense understanding of the power of prejudice, Race on the Brain challenges us all to engage more thoughtfully and more democratically in the difficult task of promoting racial justice.

Law and the Modern Mind

Author : Susanna L. Blumenthal
Publisher : Harvard University Press
ISBN 13 : 9780674048935
Total Pages : 0 pages
Book Rating : 4.0/5 (489 download)

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Book Synopsis Law and the Modern Mind by : Susanna L. Blumenthal

Download or read book Law and the Modern Mind written by Susanna L. Blumenthal and published by Harvard University Press. This book was released on 2016-02-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In postrevolutionary America, the autonomous individual was both the linchpin of a young nation and a threat to the founders’ vision of ordered liberty. Conceiving of self-government as a psychological as well as a political project, jurists built a republic of laws upon the Enlightenment science of the mind with the aim of producing a responsible citizenry. Susanna Blumenthal probes the assumptions and consequences of this undertaking, revealing how ideas about consciousness, agency, and accountability have shaped American jurisprudence. Focusing on everyday adjudication, Blumenthal shows that mental soundness was routinely disputed in civil as well as criminal cases. Litigants presented conflicting religious, philosophical, and medical understandings of the self, intensifying fears of a populace maddened by too much liberty. Judges struggled to reconcile common sense notions of rationality with novel scientific concepts that suggested deviant behavior might result from disease rather than conscious choice. Determining the threshold of competence was especially vexing in litigation among family members that raised profound questions about the interconnections between love and consent. This body of law coalesced into a jurisprudence of insanity, which also illuminates the position of those to whom the insane were compared, particularly children, married women, and slaves. Over time, the liberties of the eccentric expanded as jurists came to recognize the diversity of beliefs held by otherwise reasonable persons. In calling attention to the problematic relationship between consciousness and liability, Law and the Modern Mind casts new light on the meanings of freedom in the formative era of American law.

Downward Causation and the Neurobiology of Free Will

Author : Nancey Murphy
Publisher : Springer
ISBN 13 : 3642032052
Total Pages : 291 pages
Book Rating : 4.6/5 (42 download)

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Book Synopsis Downward Causation and the Neurobiology of Free Will by : Nancey Murphy

Download or read book Downward Causation and the Neurobiology of Free Will written by Nancey Murphy and published by Springer. This book was released on 2009-09-30 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: How is free will possible in the light of the physical and chemical underpinnings of brain activity and recent neurobiological experiments? How can the emergence of complexity in hierarchical systems such as the brain, based at the lower levels in physical interactions, lead to something like genuine free will? The nature of our understanding of free will in the light of present-day neuroscience is becoming increasingly important because of remarkable discoveries on the topic being made by neuroscientists at the present time, on the one hand, and its crucial importance for the way we view ourselves as human beings, on the other. A key tool in understanding how free will may arise in this context is the idea of downward causation in complex systems, happening coterminously with bottom up causation, to form an integral whole. Top-down causation is usually neglected, and is therefore emphasized in the other part of the book’s title. The concept is explored in depth, as are the ethical and legal implications of our understanding of free will. This book arises out of a workshop held in California in April of 2007, which was chaired by Dr. Christof Koch. It was unusual in terms of the breadth of people involved: they included physicists, neuroscientists, psychiatrists, philosophers, and theologians. This enabled the meeting, and hence the resulting book, to attain a rather broader perspective on the issue than is often attained at academic symposia. The book includes contributions by Sarah-Jayne Blakemore, George F. R. Ellis , Christopher D. Frith, Mark Hallett, David Hodgson, Owen D. Jones, Alicia Juarrero, J. A. Scott Kelso, Christof Koch, Hans Küng, Hakwan C. Lau, Dean Mobbs, Nancey Murphy, William Newsome, Timothy O’Connor, Sean A.. Spence, and Evan Thompson.

Law and the Brain

Author : Oliver R. Goodenough
Publisher : Oxford University Press, USA
ISBN 13 : 0198570112
Total Pages : 290 pages
Book Rating : 4.1/5 (985 download)

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Book Synopsis Law and the Brain by : Oliver R. Goodenough

Download or read book Law and the Brain written by Oliver R. Goodenough and published by Oxford University Press, USA. This book was released on 2006 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Applying our new found knowledge from neuroscience to the discipline of law seems a natural development - the making, considering, and enforcing of law of course rests on mental processes. However, there are real issues that the legal system will face as neurobiological studies continue to relentlessly probe the human mind. This volume represents the first serious attempt to address questions of law as reflecting brain activity, emphasizing that it is the organization and functioning of the brain that determines how we enact and obey laws.

The Brain Defense

Author : Kevin Davis
Publisher : Penguin
ISBN 13 : 1594206333
Total Pages : 338 pages
Book Rating : 4.5/5 (942 download)

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Book Synopsis The Brain Defense by : Kevin Davis

Download or read book The Brain Defense written by Kevin Davis and published by Penguin. This book was released on 2017-02-28 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Called “the best kind of nonfiction” by Michael Connelly, this riveting new book combines true crime, brain science, and courtroom drama. In 1991, the police were called to East 72nd St. in Manhattan, where a woman's body had fallen from a twelfth-story window. The woman’s husband, Herbert Weinstein, soon confessed to having hit and strangled his wife after an argument, then dropping her body out of their apartment window to make it look like a suicide. The 65-year-old Weinstein, a quiet, unassuming retired advertising executive, had no criminal record, no history of violent behavior—not even a short temper. How, then, to explain this horrific act? Journalist Kevin Davis uses the perplexing story of the Weinstein murder to present a riveting, deeply researched exploration of the intersection of neuroscience and criminal justice. Shortly after Weinstein was arrested, an MRI revealed a cyst the size of an orange on his brain’s frontal lobe, the part of the brain that governs judgment and impulse control. Weinstein’s lawyer seized on that discovery, arguing that the cyst had impaired Weinstein’s judgment and that he should not be held criminally responsible for the murder. It was the first case in the United States in which a judge allowed a scan showing a defendant’s brain activity to be admitted as evidence to support a claim of innocence. The Weinstein case marked the dawn of a new era in America's courtrooms, raising complex and often troubling questions about how we define responsibility and free will, how we view the purpose of punishment, and how strongly we are willing to bring scientific evidence to bear on moral questions. Davis brings to light not only the intricacies of the Weinstein case but also the broader history linking brain injuries and aberrant behavior, from the bizarre stories of Phineas Gage and Charles Whitman, perpetrator of the 1966 Texas Tower massacre, to the role that brain damage may play in violence carried out by football players and troubled veterans of America’s twenty-first century wars. The Weinstein case opened the door for a novel defense that continues to transform the legal system: Criminal lawyers are increasingly turning to neuroscience and introducing the effects of brain injuries—whether caused by trauma or by tumors, cancer, or drug or alcohol abuse—and arguing that such damage should be considered in determining guilt or innocence, the death penalty or years behind bars. As he takes stock of the past, present and future of neuroscience in the courts, Davis offers a powerful account of its potential and its hazards. Thought-provoking and brilliantly crafted, The Brain Defense marries a murder mystery complete with colorful characters and courtroom drama with a sophisticated discussion of how our legal system has changed—and must continue to change—as we broaden our understanding of the human mind.

How Brain Science Can Make You a Better Lawyer

Author : David A. Sousa
Publisher : American Bar Association
ISBN 13 : 9781604425345
Total Pages : 154 pages
Book Rating : 4.4/5 (253 download)

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Book Synopsis How Brain Science Can Make You a Better Lawyer by : David A. Sousa

Download or read book How Brain Science Can Make You a Better Lawyer written by David A. Sousa and published by American Bar Association. This book was released on 2009 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: On a daily basis, lawyers are involved in changing someone's brain. Now you can add the latest scientific insights on the human brain to make you be more effective with clients, and be more persuasive in front of a judge or jury. Learn to communicate with juries acclimated to today's technological world. Learn what appeals to the brain and apply it in your day-to-day practice with this unique and informative book.

Rights Come to Mind

Author : Joseph Fins
Publisher : Cambridge University Press
ISBN 13 : 052188750X
Total Pages : 395 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Rights Come to Mind by : Joseph Fins

Download or read book Rights Come to Mind written by Joseph Fins and published by Cambridge University Press. This book was released on 2015-08-11 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Joseph J. Fins calls for a reconsideration of severe brain injury treatment, including discussion of public policy and physician advocacy.

The Vegetative State

Author : Bryan Jennett
Publisher : Cambridge University Press
ISBN 13 : 9780521441582
Total Pages : 246 pages
Book Rating : 4.4/5 (415 download)

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Book Synopsis The Vegetative State by : Bryan Jennett

Download or read book The Vegetative State written by Bryan Jennett and published by Cambridge University Press. This book was released on 2002-02-28 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: A survey of the medical, ethical and legal issues that surround this controversial topic.