Oliver Wendell Holmes Jr Pragmatism And Neuroscience
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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
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Author : Steven Laureys
language : en
Publisher: Elsevier
Release Date : 2006-06-09
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 2006-06-09 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
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Author : Semir Zeki
language : en
Publisher: OUP Oxford
Release Date : 2006-02-23
Law And The Brain written by Semir Zeki and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-02-23 with Psychology categories.
The past 20 years have seen unparalleled advances in neurobiology, with findings from neuroscience being used to shed light on a range of human activities - many historically the province of those in the humanities and social sciences - aesthetics, emotion, consciousness, music. Applying this new knowledge to law seems a natural development - the making, considering, and enforcing of law of course rests on mental processes. However, where some of those activities can be studied with a certain amount of academic detachment, what we discover about the brain has considerable implications for how we consider and judge those who follow or indeed flout the law - with inevitable social and political consequences. There are real issues that the legal system will face as neurobiological studies continue to relentlessly probe the human mind - the motives for our actions, our decision making processes, and such issues as free will and responsibility. This volume represents a first serious attempt to address questions of law as reflecting brain activity, emphasizing that it is the organization and functioning of the brain that determines how we enact and obey laws. It applies the most recent developments in brain science to debates over criminal responsibility, cooperation and punishment, deception, moral and legal judgment, property, evolutionary psychology, law and economics, and decision-making by judges and juries. Written and edited by leading specialists from a range of disciplines, the book presents a groundbreaking and challenging new look at human behaviour.
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.
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 Philosophy categories.
"Emerging neuroscientific insights are changing our understanding of what it means to be human. The resulting reconceptualization continues to impact law and the fit between law and morality. This book takes account of those developments and suggests that normative theory, particularly in its non-instrumental iterations, will be challenged, most profoundly. If we are, as the science suggests, nothing more than the coincidence of mechanical forces, then law and normative theory that depend on the immaterial and that would draw distinctions between the "mental" or "emotional" and the more manifestly physical are misguided, so misguided that they would actually undermine human thriving. Indeed, they already do. The ramifications of that conclusion are profound. Trialectic posits and investigates the impact of those ramifications on law"--
Taming The Past
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Author : Robert W. Gordon
language : en
Publisher: Cambridge University Press
Release Date : 2017-06-09
Taming The Past written by Robert W. Gordon 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 2017-06-09 with History categories.
A critical catalogue of how lawyers use history - as authority, as evocation of lost golden ages, as a nightmare to escape and as progress towards enlightenment.
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.
Experience And Nature
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Author : John Dewey
language : en
Publisher: Franklin Classics
Release Date : 2018-10-15
Experience And Nature written by John Dewey and has been published by Franklin Classics this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-15 with categories.
This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
The Role Of Science In Law
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Author : Robin Feldman
language : en
Publisher: Oxford University Press
Release Date : 2009
The Role Of Science In Law written by Robin Feldman 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 2009 with Law categories.
The allure of science -- Internalization of science in modern law -- Externalization in modern law -- The repetitions of history -- The nature of law -- What is science? -- Misunderstanding the limits of science -- Improving the role of science in law.
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.
"Evolution built us to punish cheaters. Without that punishment instinct, we would never have been able to live in small groups, and would never have realized all the significant benefits that small-group living conferred, including mutual defense, cooperative hunting, property, divisions of labor and economies of scale. In fact, to a large extent our notions of right and wrong, of empathy and compassion, of fairness and justice, all come from the tensions of group living, and thus indirectly owe their very existence to punishment. It may sound strange that one key to civilization is our willingness to punish each other, but every parent knows it's true. Every parent also feels the irresistible pull not to punish too much, and in fact maybe not to punishat all - to forgive - and this, too, is a remnant of evolution. Our punishment instinct is not so much a sword ready to fall as it is a finely tuned balance, sometimes susceptible to the gentlest of breezes"--