Legal scholar publishes first major work on neuroscience and the law

November 5, 2013, Rutgers University

Wide-ranging predictions have been made on how new technologies in neuroscience could overhaul the legal system. Lie detection may now capture one's physical responses to questioning; newer tools seek to scrutinize blood flow in the brain as predictors of emotions that some researchers claim to possess the precise coordinates, including where love resides.

Dennis Patterson, a Board of Governors Professor at Rutgers Law–Camden, has published the book Mind, Brains, and Law: The Conceptual Foundations of Law and Neuroscience (Oxford, Oct. 14, 2013), with co-author Michael S. Pardo. Their innovative work represents the first monograph on the exploration of the intersection of law and and analyzes the core questions that arise when implementing neuroscientific research and technology into the . The authors examine the arguments favoring increased use of neuroscience in law, the scientific evidence available for the reliability of neuroscientific evidence in legal proceedings, and the integration of neuroscientific research into substantive legal doctrines.

Thanks to the development of new technologies like functional magnetic resonance imaging (MRI), which correlates with activity, electroencephalography (EEG), and other increasingly sophisticated technologies, neurolaw has become the fastest-growing interdisciplinary focus of legal, scholarly, and policy attention. Predicted by many to dominate all aspects of the legal system, neuroscience has provided new empirical data that Patterson, chair in legal philosophy and legal theory at the European University Institute, argues will, in time, offer many prospects for the law, but for now cautions on its far-reaching claims.

"There are many conceptual, legal and practical issues yet to be resolved," notes Patterson, who teaches the course Law and Neuroscience at Rutgers Law–Camden, where he hosted an international conference on the topic last fall.

According to Patterson, the book offers a philosophical approach on the relationship between the mind and the brain and explores conceptually what it is to know something.

"To say correctly that 'X is lying' one first has to know the meaning of 'lie.' Judging the utterance of another to be a lie cannot be done correctly solely by reference to . The brain does not play a normative, regulative role: our concepts do that," write the authors in the book's conclusion.

They continue: "Many scholars make the claim that knowledge is 'embedded' in particular areas of the brain. We maintain that this way of approaching knowledge is devoid of sense. Knowledge is an ability, not a state of the brain."

The Rutgers Law–Camden scholar suggests the fast-moving neurolaw revolution be tempered by the empirical, practical, ethical, and conceptual issues raised in the book, which took half a decade to write. "A lot of people think that you are your brain," he adds. "There is an aspect of being human that cannot be reduced to scientific explanation. Nothing in the brain is as certain as DNA." 

Patterson is the author of Law and Truth (Oxford University Press, 1996) and The New Global Trading Order (2008, with Ari Afilalo). He is the series editor of The Oxford Introductions to U.S. Law and the general editor of The Blackwell Companion to the Philosophy of Law and Legal Theory. Published widely in jurisprudence, commercial law, trade law, and EU , Patterson received his J.D. and Ph.D. in philosophy from the University at Buffalo.

Explore further: Drones may violate international law

Related Stories

Drones may violate international law

May 24, 2013
(Phys.org) —As President Obama gives a speech on national security—including defending U.S. use of drones to combat terrorism—Leila Sadat, JD, international law expert and professor of law at Washington University in ...

Administration: Personal info for health care only

October 27, 2013
The Obama administration is stressing that information provided while signing up for coverage under the new health care law will not be used to enforce immigration law.

New Zealand clamps down on 'legal' highs

July 18, 2013
New Zealand introduced a new law on Thursday which bans the use of drugs offering so-called "legal" highs unless manufacturers can provide clinical evidence that they are safe.

Recommended for you

Your brain responses to music reveal if you're a musician or not

January 23, 2018
How your brain responds to music listening can reveal whether you have received musical training, according to new Nordic research conducted in Finland (University of Jyväskylä and AMI Center) and Denmark (Aarhus University).

New neuron-like cells allow investigation into synthesis of vital cellular components

January 22, 2018
Neuron-like cells created from a readily available cell line have allowed researchers to investigate how the human brain makes a metabolic building block essential for the survival of all living organisms. A team led by researchers ...

Finding unravels nature of cognitive inflexibility in fragile X syndrome

January 22, 2018
Mice with the genetic defect that causes fragile X syndrome (FXS) learn and remember normally, but show an inability to learn new information that contradicts what they initially learned, shows a new study by a team of neuroscientists. ...

Epilepsy linked to brain volume and thickness differences

January 22, 2018
Epilepsy is associated with thickness and volume differences in the grey matter of several brain regions, according to new research led by UCL and the Keck School of Medicine of USC.

Research reveals atomic-level changes in ALS-linked protein

January 18, 2018
For the first time, researchers have described atom-by-atom changes in a family of proteins linked to amyotrophic lateral sclerosis (ALS), a group of brain disorders known as frontotemporal dementia and degenerative diseases ...

Fragile X finding shows normal neurons that interact poorly

January 18, 2018
Neurons in mice afflicted with the genetic defect that causes Fragile X syndrome (FXS) appear similar to those in healthy mice, but these neurons fail to interact normally, resulting in the long-known cognitive impairments, ...

0 comments

Please sign in to add a comment. Registration is free, and takes less than a minute. Read more

Click here to reset your password.
Sign in to get notified via email when new comments are made.