Neurolaw: A New Paradigm in Legal Philosophy

In STUDIES IN THE PHILOSOPHY OF LAW: LAW AND BIOLOGY (2010)
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Abstract

Paper posits a question whether one can speak of a new paradigm of legal science based on findings of neuroscience. It analyzes the challenge of neurolaw from two different perspective: the philosophical and the practical. The former enables one to reflect on the possibility of modifying the jurisprudential conceptual scheme by utilizing the findings of neuroscience. One such possibility is offered in connection to the concept of a person. The current advancements in neuroscience can lead to a new picture of personhood, one that is significantly different that the view presupposed by the law. From practical perspective, a new challenge is posed by neuroscience based lie detectors. Paper concludes that the way to develop a new paradigm in legal science, neurolaw, is wide open. However, this project is entwined with serious methodological and methateoretical problems.

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