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http://hdl.handle.net/1814/13589
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| Title: | Philosophical Foundations of Law and Neuroscience |
| Authors: | PARDO, Michael S.
PATTERSON, Dennis |
| Keywords: | Legal theory
legal philosophy
neuroscience
jurisprudence
philosophy
Wittgenstein
epistemology
philosophy of mind |
| Issue Date: | 2010 |
| Series/Report no.: | EUI LAW
2010/02 |
| Abstract: | According to a wide variety of scholars, scientists, and policymakers, neuroscience promises to
transform law. Many neurolegalists—those championing the power of neuroscience for law—proceed
from problematic premises regarding the relationship of mind to brain. In this Article, we make the
case that their accounts of the nature of mind are implausible and that their conclusions are overblown.
Thus, their claims of the power of neuroscience for law cannot be sustained. We discuss a wide array
of examples including lie detection, criminal-law doctrine, economic decision-making, moral
decision-making, and jurisprudence |
| URI: | http://hdl.handle.net/1814/13589 |
| ISSN: | 1725-6739 |
| Appears in Collections: | LAW Working Papers
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