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Law and Mind: A Survey of Law and the Cognitive Sciences: Law and the Cognitive Sciences

Editat de Bartosz Brożek, Jaap Hage, Nicole Vincent
en Limba Engleză Hardback – 28 apr 2021
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.
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Specificații

ISBN-13: 9781108486002
ISBN-10: 1108486002
Pagini: 400
Dimensiuni: 230 x 150 x 30 mm
Greutate: 0.88 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Seria Law and the Cognitive Sciences

Locul publicării:New York, United States

Cuprins

1. Between Law and the Cognitive Sciences. A Manifesto Bartosz Brożek, Jaap Hage; Part I. Metatheory and Methodology: 2. Are the Cognitive Sciences Relevant for Law? Jaap Hage; 3. Social and Normative Facts Carsten Heidemann; 4. Law, Folk Psychology and Cognitive Science Łukasz. Kurek; 5. Law and the Cognitive Science of Ordinary Concepts Kevin Tobia; Part II. Ontology and Epistemology: 6. Cognitive Science and the Nature of Law Corrado Roversi; 7. The Architecture of the Legal Mind Bartosz Brożek; 8. The Psychology of the Trial Judge Morris B. Hoffman; 9. Institutional Design and the Psychology of the Trial Judge Adi Leibovitch; 10. Bias as the Surface or the Core? A Comment on the Psychology of the Trial Judge Eyal Aharoni; Part III. Legal Doctrine and Cognitive Sciences: 11. Private Law and Cognitive Science Przemyslaw Palka; 12. Private Law and Cognitive Science: A Methodological Commentary Bartosz Brożek, Marek Jakubiec; 13. Responsibility, Liability, and Retribution Jaap Hage and Antonia Waltermann; 14. Guilt in Criminal Law: Guilt in Us or in Stars? Mikołaj Małecki and Marek Sławiński; 15. The Insanity Defense Gerben Meynen; 16. Thoughts on the Insanity Defense Lisa Claydon and Paul Catley; Part IV. Evidence: 17. Implications of Neurotechnology: Brain Recording and Intervention Pim Haselager; 18. Neuroimaging Evidence in US Courts Jane Campbell Moriarty; 19.1. Neuroscientific Evidence in Context D.W. Denno; 20. Some Issues in Interpreting Neuroscientific Evidence Bartłomiej Kucharzyk; 21. Explanation-Based Approaches to Reasoning About Evidence and Proof in Criminal Trials Anne Ruth Mackor, Hylke Jellema and Peter J van Koppen; Part V. Dissenting Opinions: 22. A Non-Naturalist Account of Law's Place in Reality George Pavlakos; 23. The Law & Cognitive Science Enterprise: A Few Analytic Notes Pierluigi Chiassoni; 24. The Cognitive Approach in Legal Science and Practice: A History of Four Revolutions Jerzy Stelmach.

Recenzii

'The past decades have brought us a host of fascinating developments in cognitive science that challenge many things we thought we knew about human beings and their behaviour. In this volume these developments are taken to court - what are the consequences of these developments for the different domains within law? The editors of this volume aim at nothing less than a meaningful exchange between these two disciplines. The 24 chapters of this volume take cognitive science seriously as a point of reference in discussing a plethora of issues in law, including issues that concern its foundations and that address deep philosophical concerns about human nature. This is done by a terrific line up of renowned philosophers, cognitive scientists and legal scholars, some of whom respond to one another. A must read when you believe the law is a core institution in our lives, one that needs to take into consideration what science and philosophy have taught us about human beings.' Maureen Sie, Professor Philosophy of Moral Agency, director Research Institute TiLPS, University of Tilburg
'Creating, enforcing, and following law are all, at least in part, mental acts. And thus, it is no surprise that understanding what law is and how law operates requires understanding the human mind. This collection of essays on the relevance of the cognitive sciences to understanding the phenomenon of law is noteworthy not only for the insights of such an impressive array of prominent legal theorists, but also for the diversity of perspectives represented, including, admirably, even some number of sceptical perspectives.' Fred Schauer, David and Mary Harrison Distinguished Professor of Law, University of Virginia
'Law and Mind sheds critical light on the newest challenges of cognitive sciences to a variety of philosophical and legal issues. Brozek, Hage and Vincent have put together a remarkable collection of essays, written by interdisciplinary scholars of international reputations. A highly recommended read.' Federica Coppola, Columbia University, New York

Descriere

This volume offers a novel look at the intricate relationship between the cognitive sciences and various dimensions of the law.