General Issues
The contribution reflects the concepts of imputability and personal responsibility, and aims to reflect on the relationship between neuroscientific evidence and deterministic logic in general. While research shows the neurobiological basis of many behavio
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Neurolaw An Introduction
Neurolaw
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Eugenio Picozza Editor
Neurolaw An Introduction
Editor Eugenio Picozza University of Rome Rome, Italy
Translation from the Italian language edition: Neurodiritto. Un’introduzione by Eugenio Picozza, © G. Giappichelli Editore 2011. All rights reserved ISBN 978-3-319-41440-9 ISBN 978-3-319-41441-6 (eBook) DOI 10.1007/978-3-319-41441-6 Library of Congress Control Number: 2016954322 © Springer International Publishing Switzerland and G. Giappichelli Editore 2016 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer International Publishing AG Switzerland
This book is dedicated to Angelo Falzea, incomparable Master of Law and Phenomenology.
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Foreword: The Neurocognitive Turn in Law and Its Epistemological Aspects
Introduction In recent years, theories and applications from cognitive neuroscience have started affecting the law. This impact regarded legal systems around the world—especially common law systems such as the United States (Garland 2004), but also Europe (see Spranger 2012) and civil law systems such as Italy1 (Bianchi et al. 2009; Santosuosso 2009; Sirgiovanni et al. 2016). The interaction between neuroscience and the law has been characterized mainly by a practical dimension. What happened is that neuroscientific theories and technologies have been used as evidence in trials, especially in criminal trials, and particularly in the context of expert assessment of insanity (see Sirgiovanni et al. 2016), whereas other marginal uses included neuroscientific tests of lie detection2 (see Corbellini and Sirgiovanni 2013; Di Giovine 2014; Goodenough and Tucker 2010). Neurolaw, to which this volume is dedicated, has the aspiration to indicate a theoretical dimension as well. Peculiarly, neurolaw, like all new theoretical approaches to traditional disciplines terminologicall
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