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.

Bringing together the latest work from leading scholars in this emerging and vibrant subfield of law, this book examines the philosophical issues that inform the intersection between law and neuroscience.

Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics

As neuroscience continues to reveal the biological basis of human thought and behavior, what impact will this have on legal theory and practice? The emerging field of neurolaw seeks to address this question, but doing so adequately requires confronting difficult philosophical issues surrounding the nature of mind, free will, rationality, and responsibility. In The Philosophical Foundations of Neurolaw, Martin Roth claims that the central philosophical issue facing neurolaw is whether we can reconcile the conception of ourselves as free, rational, and responsible agents with the conception of ourselves as complex bio-chemical machines. Roth argues that we can reconcile these conceptions. To show this, Roth develops and defends an account of free will that identifies free will with the capacity to respond to rational demands, and he argues that this capacity is at the foundation of our thinking about responsibility. Roth also shows how the mind sciences can explain this capacity, thus revealing that a purely physical system can have the kind of free will that is relevant to responsible agency. Along the way, Roth critiques a number of arguments that purport to show that the kind of reconciliation provided is not possible. Roth concludes that though we should rethink our legal system in important ways, both in light of his account of free will and what neuroscience is poised to reveal, neuroscience does not threaten the law’s core commitment to responsible agency.

Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must address; what problems constitutions usually address; and some of the issues raised by the administration of a constitutional regime. Although these issues of institutional design are of abiding importance, many of them have taken on new significance in the last few years as law-makers have been forced to return to first principles in order to justify novel practices and arrangements in their constitutional orders. Thus, questions of constitutional 'revolutions', challenges to the demands of the rule of law, and the separation of powers have taken on new and pressing importance. The essays in this volume address these questions, filling the gap in the philosophical analysis of constitutional law. The volume will provoke specialists in philosophy, politics, and law to develop new philosophically grounded analyses of constitutional law, and will be a valuable resource for graduate students in law, politics, and philosophy.

"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.

The second edition of the seminal work in the field—revised, updated, and extended In Philosophical Foundations of Neuroscience, M.R. Bennett and P.M.S. Hacker outline and address the conceptual confusions encountered in various neuroscientific and psychological theories. The result of a collaboration between an esteemed philosopher and a distinguished neuroscientist, this remarkable volume presents an interdisciplinary critique of many of the neuroscientific and psychological foundations of modern cognitive neuroscience. The authors point out conceptual entanglements in a broad range of major neuroscientific and psychological theories—including those of such neuroscientists as Blakemore, Crick, Damasio, Dehaene, Edelman, Gazzaniga, Kandel, Kosslyn, LeDoux, Libet, Penrose, Posner, Raichle and Tononi, as well as psychologists such as Baar, Frith, Glynn, Gregory, William James, Weiskrantz, and biologists such as Dawkins, Humphreys, and Young. Confusions arising from the work of philosophers such as Dennett, Chalmers, Churchland, Nagel and Searle are subjected to detailed criticism. These criticisms are complemented by constructive analyses of the major cognitive, cogitative, emotional and volitional attributes that lie at the heart of cognitive neuroscientific research. Now in its second edition, this groundbreaking work has been exhaustively revised and updated to address current issues and critiques. New discussions offer insight into functional magnetic resonance imaging (fMRI), the notions of information and representation, conflict monitoring and the executive, minimal states of consciousness, integrated information theory and global workspace theory. The authors also reply to criticisms of the fundamental arguments posed in the first edition, defending their conclusions regarding mereological fallacy, the necessity of distinguishing between empirical and conceptual questions, the mind-body problem, and more. Essential as both a comprehensive reference work and as an up-to-date critical review of cognitive neuroscience, this landmark volume: Provides a scientifically and philosophically informed survey of the conceptual problems in a wide variety of neuroscientific theories Offers a clear and accessible presentation of the subject, minimizing the use of complex philosophical and scientific jargon Discusses how the ways the brain relates to the mind affect the intelligibility of neuroscientific research Includes fresh insights on mind-body and mind-brain relations, and on the relation between the notion of person and human being Features more than 100 new pages and a wealth of additional diagrams, charts, and tables Continuing to challenge and educate readers like no other book on the subject, the second edition of Philosophical Foundations of Neuroscience is required reading not only for neuroscientists, psychologists, and philosophers, but also for academics, researchers, and students involved in the study of the mind and consciousness.

Exploring the philosophical foundations of discrimination law as it exists in several jurisdictions, this collection of all new essays bridges the gap between abstract philosophical work on justice and fairness and legal work on specific types of discrimination.

This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.

Fiduciary law is one of the most important areas of law, governing a wide range of relationships that affect people in their daily lives. These new and innovative essays explore the foundations of fiduciary relationships and the duties of loyalty fiduciaries owe to their beneficiaries.