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How neuroscience might advance the law

In Semir Zeki & Oliver Goodenough (eds.), Law and the Brain. Oxford University Press (2006)

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  1. A framework for the unification of the behavioral sciences.Herbert Gintis - 2007 - Behavioral and Brain Sciences 30 (1):1-16.
    The various behavioral disciplines model human behavior in distinct and incompatible ways. Yet, recent theoretical and empirical developments have created the conditions for rendering coherent the areas of overlap of the various behavioral disciplines. The analytical tools deployed in this task incorporate core principles from several behavioral disciplines. The proposed framework recognizes evolutionary theory, covering both genetic and cultural evolution, as the integrating principle of behavioral science. Moreover, if decision theory and game theory are broadened to encompass other-regarding preferences, they (...)
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  • Looking for the right intention: can neuroscience benefit from the law?Davide Rigoni, Luca Sammicheli & Giuseppe Sartori - 2015 - Frontiers in Human Neuroscience 9.
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  • Ethical Challenges and Interpretive Difficulties with Non-Clinical Applications of Pediatric fMRI.Andrew Fenton, Letitia Meynell & Françoise Baylis - 2009 - American Journal of Bioethics 9 (1):3-13.
    In this article, we critically examine some of the ethical challenges and interpretive difficulties with possible future non-clinical applications of pediatric fMRI with a particular focus on applications in the classroom and the courtroom - two domains in which children come directly in contact with the state. We begin with a general overview of anticipated clinical and non-clinical applications of pediatric fMRI. This is followed by a detailed analysis of a range of ethical challenges and interpretive difficulties that trouble the (...)
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  • Legal responsibility adjudication and the normative authority of the mind sciences.Nicole A. Vincent - 2011 - Philosophical Explorations 14 (3):315-331.
    In the field of ?neurolaw?, reformists claim that recent scientific discoveries from the mind sciences have serious ramifications for how legal responsibility should be adjudicated, but conservatives deny that this is so. In contrast, I criticise both of these polar opposite positions by arguing that although scientific findings can have often-weighty normative significance, they lack the normative authority with which reformists often imbue them. After explaining why conservatives and reformists are both wrong, I then offer my own moderate suggestions about (...)
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  • Minds, Brains, and Norms.Dennis Patterson - 2010 - Neuroethics 4 (3):179-190.
    Arguments for the importance of neuroscience reach across many disciplines. Advocates of neuroscience have made wide-ranging claims for neuroscience in the realms of ethics, value, and law. In law, for example, many scholars have argued for an increased role for neuroscientific evidence in the assessment of criminal responsibility. In this article, we take up claims for the explanatory role of neuroscience in matters of morals and law. Drawing on our previous work together, we assess the cogency of neuroscientific explanations of (...)
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  • Special Problems for Democratic Government in Leveraging Cognitive Bias: Ethical, Political, and Policy Considerations for Implementing Libertarian Paternalism.J. Aaron Brown - unknown
    Humans have now amassed a sizable knowledge of widespread, nonconscious cognitive biases which affect our behavior, especially in social and economic contexts. I contend that a democratic government is uniquely justified in using knowledge of cognitive biases to promote pro-democratic behavior, conditionally justified in using it to accomplish ends traditionally within the scope of government authority, and unjustified in using it for any other purpose. I also contend that the government ought to redesign institutional infrastructure to avoid triggering cognitive biases (...)
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