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Date: April 30, 2024 Tue
Time: 12:57 am
Time: 12:57 am
Results for neuroscience
1 results foundAuthor: The Royal Society Title: Brain Waves Module 4: Neuroscience and the law Summary: The human brain is not viewed in the same way as other organs. The brain holds the key to mind and behaviour, and so to most it has a ‘special’ status. The relatively young fi eld of neuroscience is the study of the brain and nervous system. Neuroscientists seek to determine how brain function affects behaviour. The law is concerned with regulating behaviour, and so it is reasonable to ask whether and if so how, neuroscience could, or should, inform the law. The Royal Society, the UK’s national academy of science, has sought here to set out where neuroscience might offer insights to the law, and current limits to its application. Many questions have been asked about what neuroscience might offer for the law. For instance, might neuroscience fundamentally change concepts of legal responsibility? Or could aspects of a convicted person’s brain help to determine whether they are at an increased risk of reoffending? Will it ever be possible to use brain scans to ‘read minds’, for instance with the aim of determining whether they are telling the truth, or whether their memories are false? It has been suggested that ‘for the law, neuroscience changes nothing and everything.’ This report takes a different position: that discoveries in neuroscience (or in genetics or psychology) will not completely revolutionise the theory and practice of the law in the near future; but there are already some important practical implications of recent neuroscientifi c discoveries, which should impact on the law, and there will certainly be many more over the next few years. For example, fi ndings from neuroscience may raise questions over the age of criminal responsibility. Although the potential is at present unclear, it is possible that neuroscientifi c information could be used as part of risk assessments. It is also possible that imaging studies may in the not too distant future provide evidence of the nature of pain. This would be relevant to many civil cases, concerned with whether a claimant’s suffering and pain are real or exaggerated. In addition, neuroscience may also be used further to strengthen the diagnosis of ‘Shaken Baby Syndrome’ or ‘Non Accidental Head Injury’ (NAHI). While there are examples, such as those above, of where neuroscience may provide useful insights, it is worth sounding a note of caution: claims that murderers can be identifi ed by imaging studies of their brains, or that there is a gene for psychopathy or for violent or antisocial behaviour are completely wide of the mark. If neuroscience is to feed usefully into the law, there are a number of challenges to its use that must fi rst be overcome. Some of these might apply to the intersection of science and law more broadly; however this report has focused on neuroscience. The report makes a number of recommendations for bridging the gap between legal professionals and neuroscientists to better communicate relevant fi ndings; for training and education; and for building applied research capacity. Details: London: The Royal Society, 2011. 46p. Source: RS Policy document 05/11: Internet Resource: Accessed April 22, 2012 at http://royalsociety.org/uploadedFiles/Royal_Society_Content/policy/projects/brain-waves/Brain-Waves-4.pdf Year: 2011 Country: United Kingdom URL: http://royalsociety.org/uploadedFiles/Royal_Society_Content/policy/projects/brain-waves/Brain-Waves-4.pdf Shelf Number: 125043 Keywords: Age of Criminal ResponsibilityCriminal BehaviorLegislationNeurosciencePedophilia |