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Neuroscience and Law: Complicated Crossings and New Perspectives

Edited by: Antonio D’Aloia, Maria Chiara Errigo

ISBN13: 9783030388423
Published: June 2021
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Paperback
Price: £199.99



There have been extraordinary developments in the field of neuroscience in recent years, sparking a number of discussions within the legal field. This book studies the various interactions between neuroscience and the world of law, and explores how neuroscientific findings could affect some fundamental legal categories and how the law should be implemented in such cases.

The book is divided into three main parts. Starting with a general overview of the convergence of neuroscience and law, the first part outlines the importance of their continuous interaction, the challenges that neuroscience poses for the concepts of free will and responsibility, and the peculiar characteristics of a "new" cognitive liberty. In turn, the second part addresses the phenomenon of cognitive and moral enhancement, as well as the uses of neurotechnology and their impacts on health, self-determination and the concept of being human. The third and last part investigates the use of neuroscientific findings in both criminal and civil cases, and seeks to determine whether they can provide valuable evidence and facilitate the assessment of personal responsibility, helping to resolve cases.

The book is the result of an interdisciplinary dialogue involving jurists, philosophers, neuroscientists, forensic medicine specialists, and scholars in the humanities; further, it is intended for a broad readership interested in understanding the impacts of scientific and technological developments on people's lives and on our social systems.

Contents:
Introduction - Law Challenged. Reasoning about Neuroscience and Law by Antonio D'Aloia
Part I: Neuroscience and Law:
Introductory Reflections: A Wider Scope for Neuroscience and Law by Amedeo Santosuosso
Why Neuroscience Matters for Law by Oliver R. Goodenough and Micaela Tucker
"Actus non facit reum nisi mens sit rea" - The Concept of Guilt in the Age of Cognitive Science by Mario De Caro
Neuroscience and the "Mute Law" by Antonio Gusmai
Cognitive Liberty and Human Rights by Paolo Sommaggio and Marco Mazzocca
Some Reflections on Neuroscience and Civil Law by Laura Tafaro
Empowering Negotiating Skills in Law Professionals: Neuro-cognitive Applications by Luigi Cominelli, Raffaella Folgieri and Claudio Lucchiari
The "Mirror Rights": Reflections on Law and Neuroscience through the Lens of the Greek Tragedy by Filippo Stefanini
Part II: Neuroscience, Health Rights and Human Being:
New Challenges: Neuroenhancement and Law by Maria Chiara Errigo
Self-determination, Health and Euality: The Constitutional Protections for Cognitive Enhancement by Rosanna Fattibene
When the "Age of Science and Technology" Meets the "Age of Rights" - "Moral" Bioenhancement as a Case Study by Silvia Salardi
An Epigenetic Pro-action for Moral Development by Giuseppe Turchi
Brain Computer Interfaces and Transcranial Magnetic Stimulation in Legal Practice and Regulations by Raffaella Folgieri
Brain Computer Interfaces and the Protection of the Fundamental Rights of the Vulnerable Persons by Federico Gustavo Pizzetti
Ethical and Legal Issues in Deep Brain Stimulation: An Overview by Sonia Desmoulin-Canselier
Neuroscience and End-of-life Decisions: What Kind of Coexistence? by Giada Ragone and Benedetta Vimercati
The Dilemma of Human Brain Surrogates. Scientific Opportunities, Ethical Concerns by Henry T. Greely
Part III: Mind, Brain and the Courtroom:
Opportunities and Controversial Implications: Neuroscientific Evidence and Criminal Trials by Paolo Ferrua
Neuroscience and Law: Conceptual and Practical Issues by Stephen J. Morse
Neurobiological Correlates of Antisocial Human Behavior by Ilaria Zampieri, Silvia Pellegrini and Pietro Pietrini
The Methodology of Forensic Neuroscience by Giuseppe Sartori, Graziella Orrù and Cristina Scarpazza
(Neuro)Science and the Criminal Trial. Between Scientific Epistemology and Judicial Epistemology by Luciano Calò
Tailor-made Intentions. Legal Categories and (Neuro)scientific Tools by Stefano Fuselli
Moral Freedom and Neuroscientific Assessments: Constitutional Features by Andrea Bonomi
Another Perspective on "Neurolaw": The Use of Brain Imaging in Civil Litigation Regarding Mental Competence by Sonia Desmoulin-Canselier
Social Neuroscience, Communication and Collective Behavior: Thinking about the Psychic Causation after L'Aquila Earthquake by Francesco Barresi