Document Type

Working Paper

Publication Date

9-27-2013

SSRN Discipline

BioRN Subject Matter eJournals; LSN Subject Matter eJournals; Innovation Disciplines eJournals; Constitutional Law, Jurisprudence & Legal Philosophy eJournals; Sustainability Research & Policy Network; IRPN Subject Matter eJournals; Biology Research Network; Innovation Research & Policy Network; CJRN Subject Matter eJournals; Legal Scholarship Network; PRN Subject Matter eJournals; Criminal Law & Procedure eJournals; Philosophy Research Network; Law School Research Papers - Legal Studies; Law & Society eJournals; Law & Society: Public Law eJournals; CSN Subject Matter eJournals; Criminal Justice Research Network; Cognitive Science Network; Humanities Network; Law, Brain & Behavior eJournals; Law Research Centers Papers

Abstract

This is the table of contents and introductory chapter to our book Minds Brains and Law The Conceptual Foundations of Law and Neuroscience Oxford University Press forthcoming 2013 The book explores several philosophical issues at the intersection of law and neuroscience It examines and critically assesses arguments for an increased role for neuroscience at the levels of legal theory legal doctrine and legal proof The theoretical issues include general jurisprudential questions about the nature of law moral and economic decision making and justifications for criminal punishment The doctrinal issues focus on criminal law and criminal procedure and include mens rea actus reus the insanity defense the Fourth Amendment the Fifth Amendment privilege against selfincrimination and due process The issues of legal proof focus on different types of brainbased lie detection

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