The Moral Conflict of Law and Neuroscience

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Publisher : University of Chicago Press
ISBN 13 : 022651353X
Total Pages : 392 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis The Moral Conflict of Law and Neuroscience by : Peter A. Alces

Download or read book The Moral Conflict of Law and Neuroscience written by Peter A. Alces and published by University of Chicago Press. This book was released on 2018-01-18 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

Trialectic

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Publisher : University of Chicago Press
ISBN 13 : 0226827496
Total Pages : 311 pages
Book Rating : 4.2/5 (268 download)

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Book Synopsis Trialectic by : Peter A. Alces

Download or read book Trialectic written by Peter A. Alces and published by University of Chicago Press. This book was released on 2023-08-15 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: A thought-provoking examination of how insights from neuroscience challenge deeply held assumptions about morality and law. As emerging neuroscientific insights change our understanding of what it means to be human, the law must grapple with monumental questions, both metaphysical and practical. Recent advances pose significant philosophical challenges: how do neuroscientific revelations redefine our conception of morality, and how should the law adjust accordingly? Trialectic takes account of those advances, arguing that they will challenge normative theory most profoundly. If all sentient beings are the coincidence of mechanical forces, as science suggests, then it follows that the time has come to reevaluate laws grounded in theories dependent on the immaterial that distinguish the mental and emotional from the physical. Legal expert Peter A. Alces contends that such theories are misguided—so misguided that they undermine law and, ultimately, human thriving. Building on the foundation outlined in his previous work, The Moral Conflict of Law and Neuroscience, Alces further investigates the implications for legal doctrine and practice.

Neuroscience and Legal Responsibility

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199925615
Total Pages : 404 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis Neuroscience and Legal Responsibility by : Nicole A Vincent

Download or read book Neuroscience and Legal Responsibility written by Nicole A Vincent and published by Oxford University Press. This book was released on 2013-01-08 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Conflicts of Law and Morality

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Publisher : Oxford University Press, USA
ISBN 13 : 0195058240
Total Pages : 396 pages
Book Rating : 4.1/5 (95 download)

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Book Synopsis Conflicts of Law and Morality by : Kent Greenawalt

Download or read book Conflicts of Law and Morality written by Kent Greenawalt and published by Oxford University Press, USA. This book was released on 1989 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. In examining the extent of the obligations owed by citizens to their government, Greenawalt concentrates on the possible existence of a single source of obligation that reaches all citizens and all laws.

The Moral Conflict of Law and Neuroscience

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Author :
Publisher : University of Chicago Press
ISBN 13 : 022651367X
Total Pages : 392 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis The Moral Conflict of Law and Neuroscience by : Peter A. Alces

Download or read book The Moral Conflict of Law and Neuroscience written by Peter A. Alces and published by University of Chicago Press. This book was released on 2018-01-24 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law relies on a conception of human agency, the idea that humans are capable of making their own choices and are morally responsible for the consequences. But what if that is not the case? Over the past half century, the story of the law has been one of increased acuity concerning the human condition, especially the workings of the brain. The law already considers select cognitive realities in evaluating questions of agency and responsibility, such as age, sanity, and emotional distress. As new neuroscientific research comprehensively calls into question the very idea of free will, how should the law respond to this revised understanding? Peter A. Alces considers where and how the law currently fails to appreciate the neuroscientific revelation that humans may in key ways lack normative free will—and therefore moral responsibility. The most accessible setting in which to consider the potential impact of neuroscience is criminal law, as certain aspects of criminal law already reveal the naiveté of most normative reasoning, such as the inconsistent treatment of people with equally disadvantageous cognitive deficits, whether congenital or acquired. But tort and contract law also assume a flawed conception of human agency and responsibility. Alces reveals the internal contradictions of extant legal doctrine and concludes by considering what would be involved in constructing novel legal regimes based on emerging neuroscientific insights.

The Moral Brain

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Publisher : MIT Press
ISBN 13 : 0262534584
Total Pages : 338 pages
Book Rating : 4.2/5 (625 download)

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Book Synopsis The Moral Brain by : Jean Decety

Download or read book The Moral Brain written by Jean Decety and published by MIT Press. This book was released on 2017-09-08 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: An overview of the latest interdisciplinary research on human morality, capturing moral sensibility as a sophisticated integration of cognitive, emotional, and motivational mechanisms. Over the past decade, an explosion of empirical research in a variety of fields has allowed us to understand human moral sensibility as a sophisticated integration of cognitive, emotional, and motivational mechanisms shaped through evolution, development, and culture. Evolutionary biologists have shown that moral cognition evolved to aid cooperation; developmental psychologists have demonstrated that the elements that underpin morality are in place much earlier than we thought; and social neuroscientists have begun to map brain circuits implicated in moral decision making. This volume offers an overview of current research on the moral brain, examining the topic from disciplinary perspectives that range from anthropology and neurophilosophy to justice and law. The contributors address the evolution of morality, considering precursors of human morality in other species as well as uniquely human adaptations. They examine motivations for morality, exploring the roles of passion, extreme sacrifice, and cooperation. They go on to consider the development of morality, from infancy to adolescence; findings on neurobiological mechanisms of moral cognition; psychopathic immorality; and the implications for justice and law of a more biological understanding of morality. These new findings may challenge our intuitions about society and justice, but they may also lead to more a humane and flexible legal system. Contributors Scott Atran, Abigail A. Baird, Nicolas Baumard, Sarah Brosnan, Jason M. Cowell, Molly J. Crockett, Ricardo de Oliveira-Souza, Andrew W. Delton, Mark R. Dadds, Jean Decety, Jeremy Ginges, Andrea L. Glenn, Joshua D. Greene, J. Kiley Hamlin, David J. Hawes, Jillian Jordan, Max M. Krasnow, Ayelet Lahat, Jorge Moll, Caroline Moul, Thomas Nadelhoffer, Alexander Peysakhovich, Laurent Prétôt, Jesse Prinz, David G. Rand, Rheanna J. Remmel, Emma Roellke, Regina A. Rini, Joshua Rottman, Mark Sheskin, Thalia Wheatley, Liane Young, Roland Zahn

Law and Neuroscience

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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

Neuroscience and Law

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Author :
Publisher : Springer Nature
ISBN 13 : 3030388409
Total Pages : 563 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Neuroscience and Law by : Antonio D’Aloia

Download or read book Neuroscience and Law written by Antonio D’Aloia and published by Springer Nature. This book was released on 2020-06-01 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: There have been extraordinary developments in the field of neuroscience in recent years, sparking a number of discussions within the legal field. This book studies the various interactions between neuroscience and the world of law, and explores how neuroscientific findings could affect some fundamental legal categories and how the law should be implemented in such cases. The book is divided into three main parts. Starting with a general overview of the convergence of neuroscience and law, the first part outlines the importance of their continuous interaction, the challenges that neuroscience poses for the concepts of free will and responsibility, and the peculiar characteristics of a “new” cognitive liberty. In turn, the second part addresses the phenomenon of cognitive and moral enhancement, as well as the uses of neurotechnology and their impacts on health, self-determination and the concept of being human. The third and last part investigates the use of neuroscientific findings in both criminal and civil cases, and seeks to determine whether they can provide valuable evidence and facilitate the assessment of personal responsibility, helping to resolve cases. The book is the result of an interdisciplinary dialogue involving jurists, philosophers, neuroscientists, forensic medicine specialists, and scholars in the humanities; further, it is intended for a broad readership interested in understanding the impacts of scientific and technological developments on people’s lives and on our social systems.

The Law and Ethics of Freedom of Thought, Volume 1

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Publisher : Springer Nature
ISBN 13 : 3030844943
Total Pages : 317 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis The Law and Ethics of Freedom of Thought, Volume 1 by : Marc Jonathan Blitz

Download or read book The Law and Ethics of Freedom of Thought, Volume 1 written by Marc Jonathan Blitz and published by Springer Nature. This book was released on 2021-12-06 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of thought is one of the great and venerable notions of Western thought, often celebrated in philosophical texts – and described as a crucial right in American, European, and International Law, and in that of other jurisdictions. What it means more precisely is, however, anything but clear; surprisingly little writing has been devoted to it. In the past, perhaps, there has been little need for such elaboration. As one Supreme Court Justice stressed, “[f]reedom to think is absolute of its own nature” because even “the most tyrannical government is powerless to control the inward workings of the mind.” But the rise of brain scanning, cognition enhancement, and other emerging technologies make this question a more pressing one. This volume provides an interdisciplinary exploration of how freedom of thought might function as an ethical principle and as a constitutional or human right. It draws on philosophy, legal analysis, history, and reflections on neuroscience and neurotechnology to explore what respect for freedom of thought (or an individual’s cognitive liberty or autonomy) requires.

Minds, Brains, and Law

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Publisher : Oxford University Press
ISBN 13 : 0199812136
Total Pages : 269 pages
Book Rating : 4.1/5 (998 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 2013-09 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Ethics of Neuroscience and National Security

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Publisher : Routledge
ISBN 13 : 0429824149
Total Pages : 214 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis The Ethics of Neuroscience and National Security by : Nicholas G. Evans

Download or read book The Ethics of Neuroscience and National Security written by Nicholas G. Evans and published by Routledge. This book was released on 2021-05-24 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: New advances in neuroscience promise innovations in national security, especially in the areas of law enforcement, intelligence collection, and armed conflict. But ethical questions emerge about how we can, and should, use these innovations. This book draws on the open literature to map the development of neuroscience, particularly through funding by the Defense Advanced Research Projects Agency, in certain areas like behavior prediction, behavior modification, and neuroenhancement, and its use in the creation of novel weapons. It shows how advances in neuroscience and new technologies raise ethical issues that challenge the norms of law enforcement, intelligence collection, and armed conflict, broadly grouped under the term "national security." Increasing technological sophistication without attention to ethics, this book argues, risks creating conditions for the development of "dual-use" technologies that may be prone to misuse, are grounded in an incomplete understanding of the brain, or are based on a limited view of the political contexts in which these technologies arise. A concluding section looks at policy and regulatory options that might promote the benefits of emerging neuroscience, while mitigating attendant risks. Key Features: First broad survey of the ethics of neuroscience as it applies to national security Innovative ethical analysis over a range of cross-cutting technologies including behavior prediction and modification tools, human enhancement, and novel lethal and nonlethal weapons Ethical analysis covering all stages from the development, testing, and use (or misuse) of these technologies; and decisions from the individual scientist to the nation state Strong policy focus at multiple levels, from self-governance to international regulation Combination of philosophical analysis with grounded, practical recommendations

Our Brains at War

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Publisher : Oxford University Press
ISBN 13 : 0197512674
Total Pages : 288 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis Our Brains at War by : Mari Fitzduff

Download or read book Our Brains at War written by Mari Fitzduff and published by Oxford University Press. This book was released on 2021-05-04 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our Brains at War: The Neuroscience of Conflict and Peacebuilding suggests that we need a radical change in how we think about war, leadership, and politics. Most of us, political scientists included, fail to appreciate the extent to which instincts and emotions, rather than logic, factor into our societal politics and international wars. Many of our physiological and genetic tendencies, of which we are mostly unaware, can all too easily fuel our antipathy towards other groups, make us choose 'strong' leaders over more mindful leaders, assist recruitment for illegal militias, and facilitate even the most gentle of us to inflict violence on others. Drawing upon the latest research from emerging areas such as behavioral genetics, biopsychology, and social and cognitive neuroscience, this book identifies the sources of compelling instincts and emotions, and how we can acknowledge and better manage them so as to develop international and societal peace more effectively.

Law and Morality at War

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Publisher : Oxford University Press
ISBN 13 : 0199687390
Total Pages : 305 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Law and Morality at War by : Adil Ahmad Haque

Download or read book Law and Morality at War written by Adil Ahmad Haque and published by Oxford University Press. This book was released on 2017 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does 'collateral damage' to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. Finally, it explores when, if ever, the emotional pressures under which soldiers act should partially or wholly excuse their wrongful actions --Flap of book cover.

Moral Resilience

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Publisher : Oxford University Press
ISBN 13 : 0190619295
Total Pages : 304 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Moral Resilience by : Cynda Hylton Rushton

Download or read book Moral Resilience written by Cynda Hylton Rushton and published by Oxford University Press. This book was released on 2018-10-02 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Suffering is an unavoidable reality in health care. Not only are patients and families suffering but also the clinicians who care for them. Commonly the suffering experienced by clinicians is moral in nature, in part a reflection of the increasing complexity of health care, their roles within it, and the expanding range of available interventions. Moral suffering is the anguish that occurs when the burdens of treatment appear to outweigh the benefits; scarce human and material resources must be allocated; informed consent is incomplete or inadequate; or there are disagreements about goals of treatment among patients, families or clinicians. Each is a source of moral adversity that challenges clinicians' integrity: the inner harmony that arises when their essential values and commitments are aligned with their choices and actions. If moral suffering is unrelieved it can lead to disengagement, burnout, and undermine the quality of clinical care. The most studied response to moral adversity is moral distress. The sources and sequelae of moral distress, one type of moral suffering, have been documented among clinicians across specialties. It is vital to shift the focus to solutions and to expanded individual and system strategies that mitigate the detrimental effects of moral suffering. Moral resilience, the capacity of an individual to restore or sustain integrity in response to moral adversity, offers a path forward. It encompasses capacities aimed at developing self-regulation and self-awareness, buoyancy, moral efficacy, self-stewardship and ultimately personal and relational integrity. Clinicians and healthcare organizations must work together to transform moral suffering by cultivating the individual capacities for moral resilience and designing a new architecture to support ethical practice. Used worldwide for scalable and sustainable change, the Conscious Full Spectrum approach, offers a method to solve problems to support integrity, shift patterns that undermine moral resilience and ethical practice, and source the inner potential of clinicians and leaders to produce meaningful and sustainable results that benefit all.

Law: A Very Short Introduction

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Publisher : OUP Oxford
ISBN 13 : 9780199214969
Total Pages : 192 pages
Book Rating : 4.2/5 (149 download)

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Book Synopsis Law: A Very Short Introduction by : Raymond Wacks

Download or read book Law: A Very Short Introduction written by Raymond Wacks and published by OUP Oxford. This book was released on 2008-03-27 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law touches every aspect of our daily lives, and yet the main concepts, terms, and processes of the legal system remain obscure to many. This Very Short Introduction provides a clear, jargon-free account of modern legal systems, explaining how the law works both in the Western tradition and around the world.

The Law of Good People

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Author :
Publisher :
ISBN 13 : 1107137101
Total Pages : 257 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Law of Good People by : Yuval Feldman

Download or read book The Law of Good People written by Yuval Feldman and published by . This book was released on 2018-06-07 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Plato has famously argued ...

The Oxford Handbook of Philosophy and Neuroscience

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Publisher : Oxford University Press
ISBN 13 : 0199719500
Total Pages : 656 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Oxford Handbook of Philosophy and Neuroscience by : John Bickle

Download or read book The Oxford Handbook of Philosophy and Neuroscience written by John Bickle and published by Oxford University Press. This book was released on 2009-07-27 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.