Download or read book Neurointerventions and the Law written by Nicole A Vincent and published by Oxford University Press. This book was released on 2020-03-20 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume makes a contribution to the field of neurolaw by investigating issues raised by the development, use, and regulation of neurointerventions. The broad range of topics covered in these chapters reflects neurolaw's growing social import, and its rapid expansion as an academic field of inquiry. Some authors investigate the criminal justice system's use of neurointerventions to make accused defendants fit for trial, to help reform convicted offenders, or to make condemned inmates sane enough for execution, while others interrogate the use, regulation, and social impact of cognitive enhancement medications and devices. Issues raised by neurointervention-based gay conversion "therapy", efficacy and safety of specific neurointervention methods, legitimacy of their use and regulation, and their implications for authenticity, identity, and responsibility are among the other topics investigated. Dwelling on neurointerventions also highlights tacit assumptions about human nature that have important implications for jurisprudence. For all we know, at present such things as people's capacity to feel pain, their sexuality, and the dictates of their conscience, are unalterable. But neurointerventions could hypothetically turn such constants into variables. The increasing malleability of human nature means that analytic jurisprudential claims (true in virtue of meanings of jurisprudential concepts) must be distinguished from synthetic jurisprudential claims (contingent on what humans are actually like). Looking at the law through the lens of neurointerventions thus also highlights the growing need for a new distinction between analytic jurisprudence and synthetic jurisprudence to tackle issues that increasingly malleable humans will face when they encounter novel opportunities and challenges.
Download or read book Neurointerventions Crime and Punishment written by Jesper Ryberg and published by . This book was released on 2020 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can it be justified to use neuroscientific technologies for influencing the human brain as a means of preventing offenders from engaging in future criminal conduct? In Neurointerventions, Crime, and Punishment, Jesper Ryberg considers various ethical challenges surrounding this question.
Download or read book Treatment for Crime written by David Birks and published by . This book was released on 2018 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional means of crime prevention, such as incarceration and psychological rehabilitation, are frequently ineffective. This collection considers how crime preventing neurointerventions (CPNs) could present a more humane alternative but, on the other hand, how neuroscientific developments and interventions may threaten fundamental human values.
Download or read book Neurolaw and Responsibility for Action written by Bebhinn Donnelly-Lazarov and published by Cambridge University Press. This book was released on 2018-05-03 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law regulates human behaviour, a phenomenon about which neuroscience has much to say. Neuroscience can tell us whether a defendant suffers from a brain abnormality, or injury and it can correlate these neural deficits with criminal offending. Using fMRI and other technologies it might indicate whether a witness is telling lies or the truth. It can further propose neuro-interventions to 'change' the brains of offenders and so to reduce their propensity to offend. And, it can make suggestions about whether a defendant knows or merely suspects a prohibited state of affairs; so, drawing distinctions among the mental states that are central to legal responsibility. Each of these matters has philosophical import; is a neurological 'deficit' inculpatory or exculpatory; what is the proper role for law if the mind is no more than the brain; is lying really a brain state and can neuroscience really 'read' the brain? In this edited collection, leading contributors to the field provide new insights on these matters, bringing to light the great challenges that arise when disciplinary boundaries merge.
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.
Download or read book Memory and Law written by Lynn Nadel and published by Oxford University Press. This book was released on 2012-08-02 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal system depends upon memory function in a number of critical ways, including the memories of victims, the memories of individuals who witness crimes or other critical events, the memories of investigators, lawyers, and judges engaged in the legal process, and the memories of jurors. How well memory works, how accurate it is, how it is affected by various aspects of the criminal justice system — these are all important questions. But there are others as well: Can we tell when someone is reporting an accurate memory? Can we distinguish a true memory from a false one? Can memories be selectively enhanced, or erased? Are memories altered by emotion, by stress, by drugs? These questions and more are addressed by Memory and Law, which aims to present the current state of knowledge among cognitive and neural scientists about memory as applied to the law.
Download or read book Conscious Will and Responsibility written by Walter Sinnott-Armstrong and published by Oxford University Press. This book was released on 2010-11-24 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: We all seem to think that we do the acts we do because we consciously choose to do them. This commonsense view is thrown into dispute by Benjamin Libet's eyebrow-raising experiments, which seem to suggest that conscious will occurs not before but after the start of brain activity that produces physical action. Libet's striking results are often claimed to undermine traditional views of free will and moral responsibility and to have practical implications for criminal justice. His work has also stimulated a flurry of further fascinating scientific research--including findings in psychology by Dan Wegner and in neuroscience by John-Dylan Haynes--that raises novel questions about whether conscious will plays any causal role in action. Critics respond that both commonsense views of action and traditional theories of moral and legal responsibility, as well as free will, can survive the scientific onslaught of Libet and his progeny. To further this lively debate, Walter Sinnott-Armstrong and Lynn Nadel have brought together prominent experts in neuroscience, psychology, philosophy, and law to discuss whether our conscious choices really cause our actions, and what the answers to that question mean for how we view ourselves and how we should treat each other.
Download or read book Law and Mind written by Bartosz Brożek and published by Cambridge University Press. This book was released on 2021-04-29 with total page 1001 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are the cognitive sciences relevant for law? How do they influence legal theory and practice? Should lawyers become part-time cognitive scientists? The recent advances in the cognitive sciences have reshaped our conceptions of human decision-making and behavior. Many claim, for instance, that we can no longer view ourselves as purely rational agents equipped with free will. This change is vitally important for lawyers, who are forced to rethink the foundations of their theories and the framework of legal practice. Featuring multidisciplinary scholars from around the world, this book offers a comprehensive overview of the emerging field of law and the cognitive sciences. It develops new theories and provides often provocative insights into the relationship between the cognitive sciences and various dimensions of the law including legal philosophy and methodology, doctrinal issues, and evidence.
Download or read book Fair Opportunity and Responsibility written by David O. Brink and published by Oxford University Press. This book was released on 2021-06-01 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fair Opportunity and Responsibility lies at the intersection of moral psychology and criminal jurisprudence and analyzes responsibility and its relations to desert, culpability, excuse, blame, and punishment. It links responsibility with the reactive attitudes but makes the justification of the reactive attitudes depend on a prior and independent conception of responsibility. Responsibility and excuse are inversely related; an agent is responsible for misconduct if and only if it is not excused. As a result, we can study responsibility by understanding excuses. We excuse misconduct when an agent's capacities or opportunities are significantly impaired, because these capacities and opportunities are essential if agents are to have a fair opportunity to avoid wrongdoing. This conception of excuse tells us that responsibility itself consists in agents having suitable cognitive and volitional capacities - normative competence - and a fair opportunity to exercise these capacities free from undue interference - situational control. Because our reactive attitudes and practices presuppose the fair opportunity conception of responsibility, this supports a predominantly retributive conception of blame and punishment that treats culpable wrongdoing as the desert basis of blame and punishment. We can then apply the fair opportunity framework to assessing responsibility and excuse in circumstances of structural injustice, situational influences in ordinary circumstances and in wartime, insanity and psychopathy, immaturity, addiction, and crimes of passion. Though fair opportunity has important implications for each issue, treating them together allows us to explore common themes and appreciate the need to take partial responsibility and excuse seriously in our practices of blame and punishment.
Download or read book A Primer on Criminal Law and Neuroscience written by Stephen J. Morse and published by Oxford University Press. This book was released on 2013-07-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: (temporary: from the Introduction) As a result, the John D. and Catherine T. MacArthur Foundation decided to support a three-year multidisciplinary initiative, The Law and Neuroscience Project, that created teams (termed "research networks") of lawyers, neuroscientists and philosophers to explore the appropriate conceptual relation of neuroscience and law and to engage in empirical investigations that would demonstrate the specific relevance of neuroscience to law. Although there was a substantial range of opinion among Project participants about the potential relevance of neuroscience to criminal law, it became apparent that a basic primer or handbook that set forth a statement of the relation as the authors understand it at present would be enormously helpful to practicing lawyers, judges, and legal policy makers as they increasingly were confronted with claims based on neuroscience information. The goal is to provide accurate information and to clarify the basic questions that will inevitable arise so that the criminal law can avoid confusion and mistakes based on inadequate understanding.
Download or read book Mental Health Law written by Kay Wilson and published by Oxford University Press. This book was released on 2021 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debate about whether mental health law should be abolished or reformed emerged during the negotiations of the Convention on the Right of Persons with Disabilities (CRPD) and has raged fiercely for over a decade. It has resulted in an impasse between abolitionists, States Parties, and other reformers and a literature which has devolved into 'camps'. Mental Health Law: Abolish or Reform? aims to break new ground by cutting through the confusion using the tools of human rights treaty interpretation backed by a deep jurisprudential analysis of core CRPD concepts - dignity (including autonomy), equality, and participation - to gain a clearer understanding of the meaning of the CRPD and what it requires States Parties to do. In doing so, it sets out the development of mental health law and is unique in tracing the history of the abolitionist movement and how nad why it has emerged now. By digging deeper into the conceptual basis of the CRPD and developing the 'interpretive compass' based on those three core CRPD concepts, the book aims to flesh out a broader vision of disability rights and move the debate forward by evaluating the three main abolition and reform options. Drawing on jurisprudential and multi-disciplinary research from philosophy, medicine, sociology, disability studies, and history, it argues compassionately and sensitively that mental health law should not be abolished, but should instead be significantly reformed to minimize coercion and maximize the support and choices given to persons with mental impairments to realize all of their CRPD rights.
Download or read book Beyond Punishment written by Zachary Hoskins and published by Oxford University Press. This book was released on 2019 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Beyond Punishment?, Zachary Hoskins offers a philosophical examination of the collateral legal consequences of conviction. Considering how pervasive collateral restrictions have become and the dramatic effects such restrictions have on offenders' lives, Hoskins examines whether these extended measures of punishment are ever morally justified.
Download or read book Childbirth Vulnerability and Law written by Camilla Pickles and published by Routledge. This book was released on 2019-08-23 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is inspired by a statement released by the World Health Organization directed at preventing and eliminating disrespectful and abusive treatment during facility-based childbirth. Exploring the nature of vulnerability during childbirth, and the factors which make childbirth a site for violence and control, the book looks at the role of law in the regulation of professional intervention in childbirth. The WHO statement and other published work on ‘mistreatment’, ‘obstetric violence’, ‘birth trauma’, ‘birth rape’, and ‘dehumanised care’ all point to the presence of vulnerability, violence, and control in childbirth. This collected edition explores these issues in the experience of those giving birth, and for those providing obstetric services. It further offers insights regarding legal avenues of redress in the context of this emerging area of concern. Using violence, vulnerability, and control as a lens through which to consider multiple facets of the law, the book brings together innovative research from an interdisciplinary selection of authors. The book will appeal to scholars of law and legal academics, specifically in relation to tort, criminal law, medical law, and human rights. It will also be of interest to postgraduate scholars of medical ethics and those concerned with gender studies more broadly.
Download or read book The Ethics of Pandemics written by Meredith Celene Schwartz and published by Broadview Press. This book was released on 2020-07-30 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: A portion of the revenue from this book’s sales will be donated to Doctors Without Borders to assist in the fight against COVID-19. The rapid spread of COVID-19 has had an unprecedented impact on modern health-care systems and has given rise to a number of complex ethical issues. This collection of readings and case studies offers an overview of some of the most pressing of these issues, such as the allocation of ventilators and other scarce resources, the curtailing of standard privacy measures for the sake of public health, and the potential obligations of health-care professionals to continue operating in dangerous work environments.
Download or read book Handbook on Psychopathy and Law written by Kent A. Kiehl and published by Oxford University Press, USA. This book was released on 2013-04-25 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Psychopaths constitute less than 1% of the general population, but they commit a much larger proportion of crime and violence in society. This volume chronicles the latest science of psychopathy, various ways that psychopaths challenge the criminal justice system, and the major ethical issues arising from this fascinating condition.
Download or read book Research Involving Participants with Cognitive Disability and Differences written by M. Ariel Cascio and published by . This book was released on 2019 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This volume provides timely, multidisciplinary insights into the ethical aspects of research that includes participants with cognitive disability and differences. These include conditions such as intellectual disability, autism, mild cognitive impairment (MCI), and psychiatric diagnoses." - Provided by publisher.
Download or read book Democratic Theory and Mass Incarceration written by Albert W. Dzur and published by Oxford University Press. This book was released on 2016 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite its increasing visibility as a social issue, mass incarceration - and its inconsistency with core democratic ideals - rarely surfaces in contemporary political theory. Democratic Theory and Mass Incarceration seeks to overcome this puzzling disconnect by deepening the dialogue between democratic theory and punishment policy.
