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Minds, Brains, and Law
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.
Philosophical Foundations of Law and Neuroscience
Bringing together the latest work from leading scholars in this emerging and vibrant subfield of law, this book examines the philosophical issues that inform the intersection between law and neuroscience.
Neurolaw and Responsibility for Action
Examines the particularly prescient implications that neuroscience has for legal responsibility, highlighting the philosophical and practical challenges that arise.
Witness Testimony Evidence
Recent work in artificial intelligence has increasingly turned to argumentation as a rich, interdisciplinary area of research that can provide new methods related to evidence and reasoning in the area of law. Douglas Walton provides an introduction to basic concepts, tools and methods in argumentation theory and artificial intelligence as applied to the analysis and evaluation of witness testimony. He shows how witness testimony is by its nature inherently fallible and sometimes subject to disastrous failures. At the same time such testimony can provide evidence that is not only necessary but inherently reasonable for logically guiding legal experts to accept or reject a claim. Walton shows how to overcome the traditional disdain for witness testimony as a type of evidence shown by logical positivists, and the views of trial sceptics who doubt that trial rules deal with witness testimony in a way that yields a rational decision-making process.
The Future of Punishment
The twelve essays in this volume aim at providing philosophers, neuroscientists, psychologists, and legal theorists with an opportunity to examine the cluster of related issues that will need to be addressed as scholars struggle to come to grips with the picture of human agency being pieced together by researchers in the biosciences.
Evidence
New material, a new co-author, and a new student friendly uniform chaper organization highlight the second edition of this chapter organization highlight the seconde of of this incisive evidence casebook. Authors Allen, Kuhns, and Swift enliven otherwise abstract concepts as they reveal the foundations of the law and rules of evidence. EVIDENCE: Text, Cases, and Problems, Second Edition, emphasizes two main themes: Analytic approach - First, The authors address each major topic as a problem of relevancy. Then they discuss the evidence policy underlying each rule in terms of its effect on jury reasoning. Diagrams illustrate this approach throughout the book. Contextual approach - Issues of ad...
Philosophical Foundations of Evidence Law
The Philosophical Foundations of Law series aims to develop work at the intersection of legal philosophy and doctrinal law. Volumes in the series gather leading philosophers and lawyers to present original work on the theoretical foundations of substantive areas of law, or central topics in legal philosophy. Together, the chapters provide a roadmap of current philosophical work in the field to lawyers and philosophers looking for high quality new work and provide a stimulus for further research by specialists in the area. Book jacket.
Truth, Error, and Criminal Law
Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial.
A General Theory of the Civil Action
A general theory of the civil action.
Philosophical Foundations of Criminal Law
Twenty-five leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions abou...
