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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.
List of contents
1. Between Law and the Cognitive Sciences. A Manifesto Bartosz Bro¿ek, 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 ¿ukasz. 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 Bro¿ek; 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 Bro¿ek, Marek Jakubiec; 13. Responsibility, Liability, and Retribution Jaap Hage and Antonia Waltermann; 14. Guilt in Criminal Law: Guilt in Us or in Stars? Miko¿aj Mäecki and Marek S¿awi¿ski; 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 Bart¿omiej 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.
Summary
A comprehensive look at the emerging field of law and the cognitive sciences, this book examines how the recent revolution in psychology and neuroscience can shed new light on legal problems. It is for legal scholars and philosophers, cognitive scientists, psychologists and neuroscientists, and scholars of criminal and evidence law.
