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Oliver Wendell Holmes Jr Pragmatism And Neuroscience


Oliver Wendell Holmes Jr Pragmatism And Neuroscience
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Oliver Wendell Holmes Jr Pragmatism And Neuroscience


Oliver Wendell Holmes Jr Pragmatism And Neuroscience
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Author : Jay Schulkin
language : en
Publisher: Springer
Release Date : 2019-08-17

Oliver Wendell Holmes Jr Pragmatism And Neuroscience written by Jay Schulkin and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-17 with Philosophy categories.


This book explores the cultures of philosophy and the law as they interact with neuroscience and biology, through the perspective of American jurist Oliver Wendell Holmes’ Jr., and the pragmatist tradition of John Dewey. Schulkin proposes that human problem solving and the law are tied to a naturalistic, realistic and an anthropological understanding of the human condition. The situated character of legal reasoning, given its complexity, like reasoning in neuroscience, can be notoriously fallible. Legal and scientific reasoning is to be understood within a broader context in order to emphasize both the continuity and the porous relationship between the two. Some facts of neuroscience fit easily into discussions of human experience and the law. However, it is important not to oversell neuroscience: a meeting of law and neuroscience is unlikely to prove persuasive in the courtroom any time soon. Nevertheless, as knowledge of neuroscience becomes more reliable and more easily accepted by both the larger legislative community and in the wider public, through which neuroscience filters into epistemic and judicial reliability, the two will ultimately find themselves in front of a judge. A pragmatist view of neuroscience will aid and underlie these events.



The Boundaries Of Consciousness Neurobiology And Neuropathology


The Boundaries Of Consciousness Neurobiology And Neuropathology
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Author : Steven Laureys
language : en
Publisher: Elsevier
Release Date : 2006-08-24

The Boundaries Of Consciousness Neurobiology And Neuropathology written by Steven Laureys and has been published by Elsevier this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-08-24 with Medical categories.


Consciousness is one of the most significant scientific problems today. Renewed interest in the nature of consciousness - a phenomenon long considered not to be scientifically explorable, as well as increasingly widespread availability of multimodal functional brain imaging techniques (EEG, ERP, MEG, fMRI and PET), now offer the possibility of detailed, integrated exploration of the neural, behavioral, and computational correlates of consciousness. The present volume aims to confront the latest theoretical insights in the scientific study of human consciousness with the most recent behavioral, neuroimaging, electrophysiological, pharmacological and neuropathological data on brain function in altered states of consciousness such as: brain death, coma, vegetative state, minimally conscious state, locked-in syndrome, dementia, epilepsy, schizophrenia, hysteria, general anesthesia, sleep, hypnosis, and hallucinations. The interest of this is threefold. First, patients with altered states of consciousness continue to represent a major clinical problem in terms of clinical assessment of consciousness and daily management. Second, the exploration of brain function in altered states of consciousness represents a unique lesional approach to the scientific study of consciousness and adds to the worldwide effort to identify the "neural correlate of consciousness". Third, new scientific insights in this field have major ethical and social implications regarding our care for these patients.



Law And The Brain


Law And The Brain
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Author : Oliver R. Goodenough
language : en
Publisher: Oxford University Press, USA
Release Date : 2006

Law And The Brain written by Oliver R. Goodenough and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.


The contributors to this volume consider the societal and political implications of our new found knowledge from the neurosciences. The text applies developments in brain science to debates over criminal responsibility, cooperation and punishment, deception, moral and legal judgement.



Philosophical Transactions


Philosophical Transactions
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Author :
language : en
Publisher:
Release Date : 2004

Philosophical Transactions written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Biology categories.


Each issue of Transactions B is devoted to a specific area of the biological sciences, including clinical science. All papers are peer reviewed and edited to the highest standards. Published on the 29th of each month, Transactions B is essential reading for all biologists.



Justice Oliver Wendell Holmes


Justice Oliver Wendell Holmes
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Author : G. Edward White
language : en
Publisher: Oxford University Press
Release Date : 1995-11-16

Justice Oliver Wendell Holmes written by G. Edward White and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995-11-16 with Biography & Autobiography categories.


By any measure, Oliver Wendell Holmes, Jr., led a full and remarkable life. He was tall and exceptionally attractive, especially as he aged, with piercing eyes, a shock of white hair, and prominent moustache. He was the son of a famous father (Oliver Wendell Holmes, Sr., renowned for "The Autocrat of the Breakfast Table"), a thrice-wounded veteran of the Civil War, a Harvard-educated member of Brahmin Boston, the acquaintance of Longfellow, Lowell, and Emerson, and for a time a close friend of William James. He wrote one of the classic works of American legal scholarship, The Common Law, and he served with distinction on the Supreme Court of the United States. He was actively involved in the Court's work into his nineties. In Justice Oliver Wendell Holmes, G. Edward White, the acclaimed biographer of Earl Warren and one of America's most esteemed legal scholars, provides a rounded portrait of this remarkable jurist. We see Holmes's early life in Boston and at Harvard, his ambivalent relationship with his father, and his harrowing service during the Civil War (he was wounded three times, twice nearly fatally, shot in the chest in his first action, and later shot through the neck at Antietam). White examines Holmes's curious, childless marriage (his diary for 1872 noted on June 17th that he had married Fanny Bowditch Dixwell, and the next sentence indicated that he had become the sole editor of the American Law Review) and he includes new information on Holmes's relationship with Clare Castletown. White not only provides a vivid portrait of Holmes's life, but examines in depth the inner life and thought of this preeminent legal figure. There is a full chapter devoted to The Common Law, for instance, and throughout the book, there is astute commentary on Holmes's legal writings. Indeed, White reveals that some of the themes that have dominated 20th-century American jurisprudence--including protection for free speech and the belief that "judges make the law"--originated in Holmes's work. Perhaps most important, White suggests that understanding Holmes's life is crucial to understanding his work, and he continually stresses the connections between Holmes's legal career and his personal life. For instance, his desire to distinguish himself from his father and from the "soft" literary culture of his father's generation drove him to legal scholarship of a particularly demanding kind. White's biography of Earl Warren was hailed by Anthony Lewis on the cover of The New York Times Book Review as "serious and fascinating," and The Los Angeles Times noted that "White has gone beyond the labels and given us the man." In Justice Oliver Wendell Holmes, White has produced an equally serious and fascinating biography, one that again goes beyond the labels and gives us the man himself.



Stereoscopic Law


Stereoscopic Law
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Author : Alexander Lian
language : en
Publisher: Cambridge University Press
Release Date : 2020-12-03

Stereoscopic Law written by Alexander Lian and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-03 with Law categories.


In this unique book, Alexander Lian, a practicing commercial litigator, advances the thesis that the most famous article in American jurisprudence, Oliver Wendell Holmes's “The Path of the Law,” presents Holmes's leading ideas on legal education. Through meticulous analysis, Lian explores Holmes's fundamental ideas on law and its study. He puts “The Path of the Law” within the trajectory of Holmes's jurisprudence, from earliest scholarship to The Common Law to the occasional pieces Holmes wrote or delivered after joining the U.S. Supreme Court. Lian takes a close look at the reactions “The Path of the Law” has evoked, both positive and negative, and restates the essay's core teachings for today's legal educators. Lian convincingly shows that Holmes's “theory of legal study” broke down artificial barriers between theory and practice. For contemporary legal educators, Stereoscopic Law reformulates Holmes's fundamental message that the law must been seen and taught three-dimensionally.



Trialectic


Trialectic
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Author : Peter A. Alces
language : en
Publisher: University of Chicago Press
Release Date : 2023-08-16

Trialectic written by Peter A. Alces and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-16 with History categories.


"This book enlists emerging neuroscientific insights to explain how law misunderstands human agency and so relies on insubstantial fictions such as morality and moral responsibility to (often) frustrate rather than serve human thriving (whatever we may agree that means)"--Page ix.



The Pragmatism And Prejudice Of Oliver Wendell Holmes Jr


The Pragmatism And Prejudice Of Oliver Wendell Holmes Jr
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Author : Seth Vannatta
language : en
Publisher: Bloomsbury Publishing PLC
Release Date : 2019-06-26

The Pragmatism And Prejudice Of Oliver Wendell Holmes Jr written by Seth Vannatta and has been published by Bloomsbury Publishing PLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-26 with Philosophy categories.


This book investigates the extent to which various scholarly labels are appropriate for the work of Oliver Wendell Holmes, Jr. As Louis Menand wrote, “Holmes has been called a formalist, a positivist, a utilitarian, a realist, a historicist, a pragmatist, (not to mention a nihilist).” Each of the eight chapters investigates one label, analyzes the secondary texts that support the use of the term to characterize Holmes’s philosophy, and takes a stand on whether or not the category is appropriate for Holmes by assessing his judicial and nonjudicial publications, including his books, articles, and posthumously published correspondences. The thrust of the collection as a whole, nevertheless, bends toward the stance that Holmes is a pragmatist in his jurisprudence, ethics, and politics. The final chapter, by Susan Haack, makes that case explicitly. Edited by Seth Vannatta, this book will be of particular interest to students and faculty working in law, jurisprudence, philosophy, intellectual history, American Studies, political science, and constitutional theory.



Evolution And The Common Law


Evolution And The Common Law
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Author : Allan C. Hutchinson
language : en
Publisher: Cambridge University Press
Release Date : 2005-04-04

Evolution And The Common Law written by Allan C. Hutchinson and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-04-04 with Law categories.


This book offers a radical challenge to accounts of the common law's development. Contrary to received jurisprudential wisdom, it maintains there is no grand theory which will explain satisfactorily the dynamic interactions of change and stability in the common law's history. Offering original readings of Charles Darwin's and Hans-Georg Gadamer's works, the book shows that law is a rhetorical activity that can only be properly appreciated in its historical and political context; tradition and transformation are locked in a mutually reinforcing but thoroughly contingent embrace. In contrast to the dewy-eyed offerings of much contemporary work, it demonstrates that, like life, law is an organic process (i.e., events are the products of functional and localized causes) rather than a miraculous one (i.e., events are the result of some grand plan or intervention). In short, common law is a perpetual work-in-progress - evanescent, dynamic, messy, productive, tantalising, and bottom-up.



The Punisher S Brain


The Punisher S Brain
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Author : Morris B. Hoffman
language : en
Publisher: Cambridge University Press
Release Date : 2014-04-14

The Punisher S Brain written by Morris B. Hoffman and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-14 with Law categories.


Using evidence and arguments from neuroscience and evolutionary psychology, Morris B. Hoffman describes how the judge and jury system evolved.