View topic on PhilPapers for more information
Related categories

10 found
Order:
More results on PhilPapers
  1. added 2020-04-29
    Responsible Brains: Neuroscience, Law, and Human Culpability.William Hirstein, Katrina L. Sifferd & Tyler K. Fagan - 2018 - New York, NY, USA: MIT Press.
    [This download includes the table of contents and chapter 1.] 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 (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  2. added 2018-09-20
    The Prediction of Future Behavior: The Empty Promises of Expert Clinical and Actuarial Testimony.Andrés Páez - 2016 - Teoria Jurídica Contemporânea 1 (1):75-101.
    Testimony about the future dangerousness of a person has become a central staple of many judicial processes. In settings such as bail, sentencing, and parole decisions, in rulings about the civil confinement of the mentally ill, and in custody decisions in a context of domestic violence, the assessment of a person’s propensity towards physical or sexual violence is regarded as a deciding factor. These assessments can be based on two forms of expert testimony: actuarial or clinical. The purpose of this (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  3. added 2018-02-12
    Judging Mechanistic Neuroscience: A Preliminary Conceptual-Analytic Framework for Evaluating Scientific Evidence in the Courtroom.Jacqueline Anne Sullivan & Emily Baron - 2018 - Psychology, Crime and Law (00):00-00.
    The use of neuroscientific evidence in criminal trials has been steadily increasing. Despite progress made in recent decades in understanding the mechanisms of psychological and behavioral functioning, neuroscience is still in an early stage of development and its potential for influencing legal decision-making is highly contentious. Scholars disagree about whether or how neuroscientific evidence might impact prescriptions of criminal culpability, particularly in instances in which evidence of an accused’s history of mental illness or brain abnormality is offered to support a (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   1 citation  
  4. added 2017-03-23
    Language Impairment and Legal Literacy: Is a Degree of Perfectionism Unavoidable?Cristian Timmermann - 2017 - American Journal of Bioethics Neuroscience 8 (1):43-45.
    Wszalek offers a detailed examination of the challenges involved in assisting people with language and communication impairments in the comprehension of legal language and concepts (LLC). If we settle for a minimum threshold of LLC comprehension, we are likely to observe that some people will not meet this threshold due to personal choices, such as not having practiced reading sufficiently or having avoided intellectually stimulating social interactions.
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  5. added 2017-02-03
    Privacy in Public and the Contextual Conditions of Agency.Maria Brincker - 2017 - In Tjerk Timan, Bert-Jaap Koops & Bryce Newell (eds.), Privacy in Public Space: Conceptual and Regulatory Challenges. Edward Elgar.
    Current technology and surveillance practices make behaviors traceable to persons in unprecedented ways. This causes a loss of anonymity and of many privacy measures relied on in the past. These de facto privacy losses are by many seen as problematic for individual psychology, intimate relations and democratic practices such as free speech and free assembly. I share most of these concerns but propose that an even more fundamental problem might be that our very ability to act as autonomous and purposive (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  6. added 2016-07-02
    Neural Implants as Gateways to Digital-Physical Ecosystems and Posthuman Socioeconomic Interaction.Matthew E. Gladden - 2016 - In Łukasz Jonak, Natalia Juchniewicz & Renata Włoch (eds.), Digital Ecosystems: Society in the Digital Age. Digital Economy Lab, University of Warsaw. pp. 85-98.
    For many employees, ‘work’ is no longer something performed while sitting at a computer in an office. Employees in a growing number of industries are expected to carry mobile devices and be available for work-related interactions even when beyond the workplace and outside of normal business hours. In this article it is argued that a future step will increasingly be to move work-related information and communication technology (ICT) inside the human body through the use of neuroprosthetics, to create employees who (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  7. added 2015-10-04
    When, and How, Should Cognitive Bias Matter to Law.Govind Persad - 2014 - Law and Ineq 32:31.
    Recent work in the behavioral sciences asserts that we are subject to a variety of cognitive biases. For example, we mourn losses more than we prize equivalently sized gains; we are more inclined to believe something if it matches our previous beliefs; and we even relate more warmly or coldly to others depending on whether the coffee cup we are holding is warm or cold. Drawing on this work, case law and legal scholarship have asserted that we have reason to (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  8. added 2015-10-04
    Misuse Made Plain: Evaluating Concerns About Neuroscience in National Security.Kelly Lowenberg, Brenda M. Simon, Amy Burns, Libby Greismann, Jennifer M. Halbleib, Govind Persad, David L. M. Preston, Harker Rhodes & Emily R. Murphy - 2010 - American Journal of Bioethics Neuroscience 1 (2):15-17.
    In this open peer commentary, we categorize the possible “neuroscience in national security” definitions of misuse of science and identify which, if any, are uniquely presented by advances in neuroscience. To define misuse, we first define what we would consider appropriate use: the application of reasonably safe and effective technology, based on valid and reliable scientific research, to serve a legitimate end. This definition presents distinct opportunities for assessing misuse: misuse is the application of invalid or unreliable science, or is (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   2 citations  
  9. added 2015-09-23
    The Normative Structure of Responsibility.Federico Faroldi - 2014 - College Publications.
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   1 citation  
  10. added 2014-03-06
    On the Relevance of Neuroscience to Criminal Responsibility.Nicole A. Vincent - 2010 - Criminal Law and Philosophy 4 (1):77-98.
    Various authors debate the question of whether neuroscience is relevant to criminal responsibility. However, a plethora of different techniques and technologies, each with their own abilities and drawbacks, lurks beneath the label “neuroscience”; and in criminal law responsibility is not a single, unitary and generic concept, but it is rather a syndrome of at least six different concepts. Consequently, there are at least six different responsibility questions that the criminal law asks—at least one for each responsibility concept—and, I will suggest, (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   14 citations