Minds, Brains, and Law

Michael S. Pardo is the Henry Upson Sims Professor of Law at the University of Alabama School of Law. His scholarship explores epistemological issues in the areas of evidence, criminal procedure, civil procedure, and jurisprudence, with a specific focus on legal proof. He is a co-author of the fifth edition of Evidence: Text, Problems, and Cases (2011, with Allen, Kuhns, Swift, and Schwartz), and the author of numerous articles in distinguished law reviews and legal philosophy journals. He received his JD from Northwestern University School of Law.Dennis Patterson is Board of Governors Professor of Law and Philosophy at Rutgers University School of Law. He holds the Chair in Legal Philosophy and Legal Theory at the European University Institute, and a Chair in Jurisprudence and International Trade at Swansea University. His scholarship includes legal theory, commercial law, and trade law. Patterson is the author of Law and Truth (Oxford University Press, 1996) and The New Global Trading Order (2008, with Ari Afilalo). He is the series editor of The Oxford Introductions to U.S. Law and the general editor of The Blackwell Companion to the Philosophy of Law and Legal Theory. He has published widely in jurisprudence, commercial law, trade law, and EU law. He received his JD and PhD (Philosophy) from the University at Buffalo.

• Preface to the Paperback Edition ; Preface to the Hardcover Edition ; Introduction ; Chapter One: Philosophical Issues ; I. The Conceptual and the Empirical ; II. Criterial and Inductive Evidence ; III. Unconscious Rule Following ; IV. Interpretation ; V. Knowledge ; VI. The Mereological Fallacy ; Chapter Two: The Concept of Mind ; I. Neuro-Reductionism ; II. Eliminative Materialism and the "Theory" of Folk Psychology ; III. Two Examples of Neuro-Reductionism and Its Implications for Law ; IV. Conceptions of Mind and the Role of Neuroscience in Law ; Chapter Three: Neuroscience and Legal Theory: Jurisprudence, Morality, and Economics ; I. Jurisprudence ; II. Emotion and Moral Judgments ; III. Mind, Moral Grammar, and Knowledge ; IV. Neuroeconomics ; Chapter Four: Brain-Based Lie Detection ; I. fMRI Lie Detection ; II. EEG Lie Detection ("Brain Fingerprinting") ; III. Analysis: Empirical, Conceptual, and Practical Issues ; Chapter Five: Criminal Law Doctrine ; I. Actus reus ; II. Mens rea ; III. Insanity ; Chapter Six: Criminal Procedure ; I. Fourth Amendment ; II. Fifth Amendment ; III. Due Process ; Chapter Seven: Theories of Criminal Punishment ; I. A Brief Taxonomy of Theories of Criminal Punishment ; II. The First Challenge: Brains and Punishment Decisions ; III. The Second Challenge: Neuroscience and Intuitions about Punishment ; Conclusion ; Bibliography ; Table of Cases ; Index

The subject of neuro-legal studies has developed rapidly in the wake of advances in cognitive neuroscience . Its relevance to and bearing upon the law and legal proceedings, and upon the admissibility of neurological evidence in criminal law are of the greatest importance. Professors Pardo and Patterson have written a most timely book that subjects neuro-legal studies to meticulous conceptual scrutiny. They bring to bear impressive knowledge of neuroscience and law, as well as first-rate philosophical acumen. They write lucidly and present their opponents' case fairly. Their critical arguments are powerful and convincing, and will profoundly affect the current perception of the relation between law and neuroscience. This book should be studied by all lawyers and judges concerned with the relevance of cognitive neuroscience to the law, and by all students of law."