Neuroscience and Law: Complicated Crossings and New Perspectives

by Antonio D'Aloia, Maria Chiara Errigo

Overview

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 partinvestigates 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.

Product Details

ISBN-13:	9783030388393
Publisher:	Springer International Publishing
Publication date:	06/02/2020
Edition description:	1st ed. 2020
Pages:	568
Product dimensions:	6.10(w) x 9.25(h) x (d)

About the Author

Antonio D’Aloia, University of Parma, Department of Law, Politics and International Studies, University Center for Bioethics, Parma, Italy.

Maria Chiara Errigo, University of Parma, Department of Law, Politics and International Studies, University Center for Bioethics, Parma, Italy.

Table of 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, Healt 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: Thinkingabout the Psychic Causation after L’Aquila Earthquake by Francesco Barresi.

Editorial Reviews

Neuroscience and Law interrogates a wider spectrum of problems raised by the rise of neuroscience as a (potentially) legally pertinent epistemic and operational framework. … the scope is overall admirable and, to me at least, refreshing.” (Riccardo Vecellio Segate, Nordic Journal of Human Rights, April 27, 2022)

From the Publisher