Book Description
When the first volume of Morton Horwitz's monumental history of American law appeared in 1977, it was universally acclaimed as one of the most significant works ever published in American legal history. The New Republic called it an "extremely valuable book." Library Journal praised it as "brilliant" and "convincing." And Eric Foner, in The New York Review of Books, wrote that "the issues it raises are indispensable for understanding nineteenth-century America." It won the coveted Bancroft Prize in American History and has since become the standard source on American law for the period between 1780 and 1860. Now, Horwitz presents The Transformation of American Law, 1870 to 1960, the long-awaited sequel that brings his sweeping history to completion. In his pathbreaking first volume, Horwitz showed how economic conflicts helped transform law in antebellum America. Here, Horwitz picks up where he left off, tracing the struggle in American law between the entrenched legal orthodoxy and the Progressive movement, which arose in response to ever-increasing social and economic inequality. Horwitz introduces us to the people and events that fueled this contest between the Old Order and the New. We sit in on Lochner v. New York in 1905--where the new thinkers sought to undermine orthodox claims for the autonomy of law--and watch as Progressive thought first crystallized. We meet Oliver Wendell Holmes, Jr. and recognize the influence of his incisive ideas on the transformation of law in America. We witness the culmination of the Progressive challenge to orthodoxy with the emergence of Legal Realism in the 1920s and '30s, a movement closely allied with other intellectual trends of the day. And as postwar events unfold--the rise of totalitarianism abroad, the McCarthyism rampant in our own country, the astonishingly hostile academic reaction to Brown v. Board of Education--we come to understand that, rather than self-destructing as some historians have asserted, the Progressive movement was alive and well and forming the roots of the legal debates that still confront us today. The Progressive legacy that this volume brings to life is an enduring one, one which continues to speak to us eloquently across nearly a century of American life. In telling its story, Horwitz strikes a balance between a traditional interpretation of history on the one hand, and an approach informed by the latest historical theory on the other. Indeed, Horwitz's rich view of American history--as seen from a variety of perspectives--is undertaken in the same spirit as the Progressive attacks on an orthodoxy that believed law an objective, neutral entity. The Transformation of American Law is a book certain to revise past thinking on the origins and evolution of law in our country. For anyone hoping to understand the structure of American law--or of America itself--this volume is indispensable.
Customer Reviews:
An In Depth and Fair Look at Modern Legal History.......2000-11-10
This book is a masterpiece of modern legal history, effectively covering the fall of classicism and the rise and decline of progressivism in legal thought. This second in his series on the American Law is much less controversial than the first, and lends much to the in-depth scrutiny of the individuals behind progressivism in the period surrounding World Wars I and II. This is a must read for any law student with an interest in the foundations of what they learn every day.
Book Description
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.
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Neuroscience and the Law
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Similar Items:
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Neuroethics: Mapping the Field
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Hardwired Behavior: What Neuroscience Reveals about Morality
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Hard Science, Hard Choices: Facts, Ethics, and Policies Guiding Brain Science Today (Dana Foundation Series on Neuroethics)
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Neuroethics: Defining the Issues in Theory, Practice, and Policy
ASIN: 1932594043 |
Book Description
How can discoveries in neuroscience influence America’s criminal justice system? Neuroscience and the Law examines the growing involvement of neuroscience in legal proceedings and considers how scientific advances challenge our existing concepts of justice. Based on an invitational meeting convened by the Dana Foundation and the American Association for the Advancement of Science, the book opens with the deliberations of the twenty-six scientists and legal scholars who attended the conference and concludes with the commissioned papers of four distinguished scholars in law and brain research.
Contributors:
Michael S. Gazzaniga
Henry T. Greeley
Laurence Tancredi
Stephen Morse
Customer Reviews:
Fascinating discussions.......2004-10-30
The twenty-first century will see breathtaking advances in genetics, artificial intelligence, physics, mathematics, and neuroscience. In fact, there is not one field of science or technology that will not significant strides in this century, this being due not only to the increasing number of scientists but also to the amount of cross-fertilization between fields. Contemplating and witnessing these developments is exhilarating, and being alive in this century is every technophile's dream. All change however brings dangers as well as delights, and it always has legal and political ramifications.
Genetic engineering in particular has caused a lot of concern in the world citizenry, and has even become a major issue in the current presidential campaign. Many are terrified by the prospects of genetic engineering to be sure, but others believe that its dangers pale in comparison to those arising from current developments in neuroscience. A recent article in a major business journal spoke of neuroscience as being a field that will threaten privacy, end autonomy and the concept of human nature, and result in the homogenization of society. The article further asserts that neuroscientists will soon be able to screen an individual's brain in order to assess mental health, or be able to repair faulty personality traits using drugs or microchip implants.
If these developments reach fruition, the legal profession will find itself having to deal with them, like it has with genetics and other scientific developments in the last one hundred years. This book gives an excellent introduction to how the legal community is confronting them, and can be read by anyone curious about the issues at stake, as a background in neuroscience or law is not necessary for its perusal. The book is a collection of articles written by experts in law and neuroscience, but the authors of these articles keep the terminology and concepts at a reasonable level. In addition, philosophical speculation is kept at a manageable level.
In Part 1 of the book, Brent Garland gives a general overview of the main legal issues that have already arisen due to the advances in neuroscience. Garland's first goal is to answer to what extent neuroscience will actually impact the law. He expresses confidence that legal institutions will be able to handle any kind of scientific developments, without any major disruptions to its fundamental structure. In addition, he points to the need for a framework for addressing issues in neuroscience in relation to the law. He settles on one that separates the experimental techniques for monitoring and imaging the brain from its actual manipulations and the modalities for its enhancement. Many interesting issues are discussed by Garland, particularly on the concept of free will, which some believe will be obliterated by neuroscience. Garland however believes this will not be the case, and he offers reasons for holding to this opinion.
The issue of free will in twenty-first century neuroscience is brought up again in Part 2, which is a collection of commissioned articles for the book. The first article by Michael Gazzaniga and Megan Steven addresses briefly the philosophical arguments for free will and then moves on to the fascinating experiments of Benjamin Liber, which shed light on the extent to which brain activity precedes conscious experience. If these experiments indeed show that that brain is able to make decisions before we are aware of them, then this has ramifications to the culpability of criminals when carrying out heinous acts. Gazzaniga and Steven however present arguments that hold that this is not the case, that indeed it is possible to have free will in a deterministic system. Their arguments are more philosophical than scientific, and they conclude that neuroscience can say little about human responsibility. For them, the concept of responsibility is one that arises only as a rule in human society. It does not exist, they say, in the neuronal structure of the brain.
The article by Laurence Tancredi is more pro-scientific than the others in the book. He asserts, rightfully so, that imaging technologies such as PET, SPECT, and fMRI have laid to rest the mind-body problem that has occupied the time of many philosophers for centuries now. He is more pessimistic on the ability of the legal community to keep up with the advances in neuroscience however. He addresses four issues that he believes will challenge legal institutions in the upcoming years: brain death; cognition as it applies to competency in civil matters; cognitive enhancement, and neuroscientific measures for personal veracity. The advent of brain/machine interfaces and the possibility of downloading a person's thoughts into a machine will entail a new definition of brain death, he asserts. Although such a scenario seems implausible at present, so was the idea of brain/machine interfaces not too long ago. Tancredi's discussion of cognitive enhancement is fascinating since he addresses what is currently possible and what might soon be possible in this area (and many references are given).
Henry Greeley's article addresses the legal ramifications of advances in neuroscience in the areas of prediction, litigation, confidentiality and privacy, and patents. He is careful to point out that he believes that the technologies of neuroscience will have more benefit than harm, but that predicting their influence is done only with great difficulty. The author is very thorough in his discussion, and brings up many examples of compelling interest, such as statutory authorization of "mental searches", legalized or enforced "mental intrusions", and most interestingly, the possibility of owning a patent on thought patterns.
The article by Stephen Morse discusses the legal concepts that will need to be constructed due to the advances in neuroscience, which he believes has not been done yet. The discussion is therefore more philosophical in nature, and emphasizes the legal concept of personhood. The possibility of free will again takes center stage in this discussion, and Morse clearly believes that only future developments in neuroscience may offer a direct challenge to personhood and responsibility. No threat arises to our social and legal institutions at the present time.
Book Description
Advances in neuroscience research are rapidly bringing new and complex issues to the forefront of medical and social ethics, and scholars from diverse fields have been coming together to debate the issues at stake. Acclaimed science writer Sandra Ackerman witnessed one such gathering, and here she skillfully synthesizes those proceedings into a concise presentation of the challenges that neuroscience and neuroethics currently face.
Top scholars and scientists in neuroscience and ethics convened at the Library of Congress in Washington, D.C., in May 2005. They included Michael Gazzaniga, director of the Center for Cognitive Neuroscience at Dartmouth College; Marcus Raichle of the Washington University School of Medicine in St. Louis; Harvard University provost Steven Hyman; Judy Illes, cofounder of the Stanford Brain Research Center; University of Virginia bioethicist Jonathan Moreno; Stacey Tovino of the Health Law and Policy Institute at the University of Houston Law Center; and Stanford law professor Hank Greely.
Ackerman weaves the invigorating arguments and discussions among these and other prominent scholars into a seamless and dynamic narrative. She reveals the wide array of issues that have emerged from recent research, including brain imaging, free will and personal responsibility, disease diagnosis and prediction, brain enhancement, and the potential social, political, and legal ramifications of new discoveries. Translating these complex arguments into an engrossing account of neuroethics, she offers a rare view of science—and ethics—in the making.
Customer Reviews:
A Unique, Important and Timely Book.......2007-03-29
Our entire understanding of the mind and the brain is undergoing radical change. We learn that our brains can create new neurons throughout life, and that we have undreamed of capacities for growth, adaptation and change. Many of the implications of this growth in knowledge are only just beginning to sink in, and are leading us to reconsider a great many issues concerning ethics, morality, responsibility and the law. Important new specialties with such names as "neuroethics" are beginning to emerge.
The explosion of new knowledge about the brain is now thought to be doubling every 2-3 years, and is leading scientists, philosophers and ethicists to consider such knotty problems as personhood: does a severely brain injured person have the same rights as everyone else? If the brain has not finished growing until people are in their early twenties, can they be held to be legally responsible? What are the implications of direct brain-to-computer interfaces and drugs and artificial devices that enhance cognition? If someone in the near future can do a brain scan to see what you are thinking or what you will buy, what will be the impact of this kind of brain imaging on privacy? It has been shown to be very easy to implant false memories. Can brain scanning be used to tell if a memory is true or false or if someone is lying? Even very mundane questions: should a young person be able to drive a car or fire a gun if they do not yet have the cognitive abilities an adult? We all have our own views and opinions about topics like these, but this time the tools of science can help to inform our opinions.
Many television dramas have presented simplified caricatures of some of this changing neurological landscape. There have been shows in which defense and prosecuting attorneys have argued over some arcane neurological finding and whether it should give an accused person a "get out of jail free" card. These shows are only reflecting a raft of issues that are being regularly argued at scientific meetings and in the courts. There are many experts who are convinced that they have found evidence from brain scans to "explain" antisocial behavior, rage attacks or paranoia. There are just as many who are convinced that they are wrong, and the specter of dueling experts often confuses juries and reporters.
This slim book - only 152 pages excluding the forward - is a superb record of a series of deliberations by experts in brain sciences, psychology, philosophy and ethics that took place in May 2005. I know virtually all the people who spoke, and they are all not only thought leaders, but people known for their measured and thoughtful views on these complex issues.
There are four parts and fourteen chapters:
PART ONE. OVERVIEW
Introduction
Chapter 1
What We can Learn from a Chimera
Enhancement, for Better or Worse
Chapter 2
Neuroimaging and the Law
Neuroscreening and Predictions
Chapter 3
Too Much Help?
Neuroscience and Morality
Imminent Prospects and Responsibilities
PART TWO. NEUROIMAGING
Chapter 4
The Power of an Image
What Are We Seeing?
Chapter 5
Brain Privacy
False Memories
Chapter 6
There and Not There
Who Is Conscious?
Qualities of Consciousness
Chapter 7
Decision-Making Circuits
Moral Decision Making in the Human Brain
PART THREE. DRUGS IN THE BRAIN
Chapter 8
Starting with Safety
Psychiatric Drugs for Children
Unfair Advantage in a Pill?
Chapter 9
What is Worth Treating?
How Genes Interact with Drugs
Therapy versus Enhancement
Chapter 10
Dual-Purpose Research
What Can We Do and What Should We Do?
PART FOUR. NEUROTECHNOLOGY
Chapter 11
A New Age of Neurotechnology
Chapter 12
Deep Brain Stimulation for Movement Disorders
How Deep Brain Stimulation Works
Deep Brain Stimulation for Depression
Ethical and Practical Concerns of Deep Brain Stimulation
Chapter 13
The Brain-Computer Interface
Ethics of Neurosurgery
Chapter 14
Business Considerations
The Therapy-Enhancement Distinction
The Role of the Neuroethicist
Following these chapters there is a public discussion featuring important contributions from the author and Pulitzer Prize winning journalist William Safire, who is chairman of the Dana Foundation, one of the sponsors of the 2005 meeting; Hank Greely, who is Professor of Law and Genetics at Stanford, and the eminent neuroscientist Michael Gazzaniga from Dartmouth College.
One of the strengths of the book is that Sandra Ackerman is a journalist who is explaining the issues and the discussion for a general audience, so it is a very easy read and some very complex issues are clarified.
Clearly a book of this length cannot do justice to all of the issues raised by the new advances in neuroscience, but this is the clearest introduction and overview that I have seen.
This book deserves a very wide readership, and is essential for neuroscientists or anyone working in the law or ethics.
Highly recommended.
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Response Times: Their Role in Inferring Elementary Mental Organization (Oxford Psychology Series)
R. Duncan Luce
Manufacturer: Oxford University Press, USA
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ASIN: 0195070011 |
Book Description
Written by a distinguished experimental psychologist, this authoritative volume provides a clear, well-balanced, and comprehensive treatment of the mathematical theory of human response time and the role it plays in our understanding of the mind's structure. Focusing on the conceptual issues entailed in the modelling of response time, Professor Luce rigorously reviews the relevant experimental data and discusses the importance of analyzing data in terms of the hazard function.
Book Description
Few medical and legal professionals would have trouble locating a book on traumatic brain injury and forensic neuropsychology. But to locate a text on the forensic assessment process and clinical issues of TBI is akin to finding a needle in a haystack. Very few, if any, works exist on the subject. The Forensic Evaluation of Traumatic Brain Injury: A Handbook for Clinicians and Attorneys fills this void. It provides both the clinician involved in forensic examinations and the legal professional involved in litigation or legal proceedings of personal injury with a general overview of the legal issues and assessment process in TBI cases. The book begins with an overview of key issues involved in the forensic assessment of TBI, including definitions and medical diagnostic terminology of interest to the forensic examiner and legal professional. Subsequent chapters provide an overview of the neurologic, neuropsychological and psychological forensic assessment process specific to brain injury cases. The final portion of the book focuses on the forensic examiner as expert witness.
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- Lost and re-discovered masterpiece
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Laws of Seeing
Wolfgang Metzger
Manufacturer: MIT Press
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Binding: Hardcover
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ASIN: 0262134675 |
Book Description
This classic work in vision science, written by a leading figure in Germany's Gestalt movement in psychology and first published in 1936, addresses topics that remain of major interest to vision researchers today. Wolfgang Metzger's main argument, drawn from Gestalt theory, is that the objects we perceive in visual experience are not the objects themselves but perceptual effigies of those objects constructed by our brain according to natural rules. Gestalt concepts are currently being increasingly integrated into mainstream neuroscience by researchers proposing network processing beyond the classical receptive field. Metzger's discussion of such topics as ambiguous figures, hidden forms, camouflage, shadows and depth, and three-dimensional representations in paintings will interest anyone working in the field of vision and perception, including psychologists, biologists, neurophysiologists, and researchers in computational vision--and artists, designers, and philosophers.
Each chapter is accompanied by compelling visual demonstrations of the phenomena described; the book includes 194 illustrations, drawn from visual science, art, and everyday experience, that invite readers to verify Metzger's observations for themselves. Today's researchers may find themselves pondering the intriguing question of what effect Metzger's theories might have had on vision research if Laws of Seeing and its treasure trove of perceptual observations had been available to the English-speaking world at the time of its writing.
Customer Reviews:
Lost and re-discovered masterpiece.......2006-10-17
Stay tuned for a longer review. I think it is great that there is so much new information about Gestalt Psychology being published in English. Perceptual and cognitive scientists will find great "new" ideas in Metzger's work. The book has instant credibility as far as I'm concerned because Lothar Spillmann and Michael Wertheimer were involved in the translation.
Two other books on Gestalt thinkers that I recommend highly:
Michael Wertheimer's book (coauthored by Brett King) on Max Wertheimer and Gestalt Psychology.
Ley's book on Wolfgang Kohler and the Apes of Tenerife.
"Laws of Seeing" (Metzger) contains many ideas that will be readily identified with other eminent Gestalt scholars (e.g., Wertheimer, Koffka, Kohler), but contains remarkable "new" insights about a wide variety of perceptual phenomena. The "laws of seeing" are Gestalt laws, under the umbrella of the famous law of pragnanz, "which holds that stimuli organize themselves in the simplest, most symmetrical, and balanced manner." It anticipates a wide variety of phenomena (e.g., shape from shading) that were of great interest to later researchers. It is a small cloth-bound book, but contains an enormous amount of information in its text, illustrations, and many black and white photos.
Metzger's photos and illustrations are among the crowning achievements of this book, in that they capture essential aspects of the gestalt principles in ways that have, in some cases, been forgotten until now.
Spillman writes, "It makes one wonder what course research into vision and perception might have taken had this book been available to the English-speaking scientific community at the time of its writing. Many a rediscovery could have been saved, for example in the fields of shape-from-motion, depth-from-shading, context dependency, and viewpoint invariance, because the facts were known already several decades before. Take perception of isoluminant stimuli, which Susanne Liebmann reported in 1929. It is astonishing to find such a treasure trove of perceptual observations that, in the English-speaking world, have been known to so few."
Metzger concludes with a certain bravado regarding the primacy of psychology, observation and perceptual science, which is heartening. Here's a portion of his conclusion: "...even our spirit, and with it our peceptual experience, is an integral part of nature. True, it is a very special and certainly not the simplest part of nature, but in any case it is the only one that is immediately given to us. Every other science myst satisfy itself with indirect copies and representations of things, and those representations emerge in us only at the end of a long and complicated chain, by way of light waves or sound waves, through stimulus receptors on the body's surface, and through longer or shorter neural pathways, along which a good deal of information is lost along the way, or filtered out or distorted through the processing laws of the transmitting media. If this is so, then surely psychology offers more reliable information about the essence of being thanany other realm of knowledge, if we only try to look at things correctly and not let ourselves be led astray by the limited and indirect information of other sciences."
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The Neurotransmitter Revolution: Serotonin, Social Behavior, and the Law
Manufacturer: Southern Illinois University
ProductGroup: Book
Binding: Paperback
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ASIN: 0809318016 |
Book Description
Extraordinary advances in neurochemistry are both transforming our understanding of human nature and creating an urgent problem. Much is now known about the ways that neurotransmitters influence normal social behavior, mental illness, and deviance. What are these discoveries about the workings of the human brain? How can they best be integrated into our legal system?
These explosive issues are best understood by focusing on a single neurotransmitter like serotonin, which is associated with such diverse behaviors as dominance and leadership, seasonal depression, suicide, alcoholism, impulsive homicide, and arson. This book brings together revised papers from a conference on this theme organized by the Gruter Institute for Law and Behavioral Research, supplemented with articles by leading scholars who did not attend. Contributors include psychiatrists, neurologists, social scientists, and legal scholars.
The Neurotransmitter Revolution presents a unique survey of the scientific and legal implications of research on the way serotonin combines with other factors to shape human behavior. The findings are quite different from what might have been expected even a decade ago.
The neurochemistry of behavior is not the same thing as genetic determinism. On the contrary, the activity of serotonin varies from one individual to another for many reasons, including the individual’s life experience, social status, personality, and diet. And there are a number of major neurotransmitter systems, each of which interacts with the other. Behavior, culture, and the social environment can influence neurochemistry along with inheritance. Nature and nurture interact—and these interactions can be understood from a vigorously scientific point of view.
The fact that our actions are heavily influenced by neurotransmitters like serotonin is bound to be disquieting. A sophisticated understanding of law and human social behavior will be needed if our society is to respond adequately to these rapid advances in our knowledge. This book is an essential step in that direction, providing the first comprehensive survey of the biochemical, social, and legal considerations arising from research on the behavioral effects of serotonin and related neurotransmitters.
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Cognitive Neuropsychology Of Alzheimer-type Dementia
Manufacturer: Oxford University Press
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Binding: Hardcover
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ASIN: 0198523432 |
Book Description
This book draws together recent develompents in cognitive affects of Alzeimer's disease - how it affects mental functions such as memory, attention, and language. As well as providing a theoretical overview, it discusses how knowledge of neuropsychological impairment can be related to the neurobiology and genetics of the disease. Also covered are the practical issues of assesment, neurorehabilitation, and treatment. This book will be of interest both to researchers in Alzheimer's, and clinicians treating people with the disease.
Book Description
Forensic Neuropathology provides superior visual examples of the more commonly encountered conditions in forensic neuropathology and answers questions that arise regarding neuropathological findings. The work includes values for frequently-encountered clinical assessments, and contains a more comprehensive summary of aging/dating of various neuropathological processes than is available in any other single current source. General pathology residents, forensic pathology and neuropathology fellows, and general pathologists and clinicians involved in referred cases will find this book extremely useful, as will individuals in allied fields such as law enforcement officers and attorneys.
Forensic Neuropathology aims to: (1) provide a concise summary of practical information frequently needed in forensic neuropathology cases; (2) include selected material previously known but perhaps not significantly emphasized in current literature; and (3) where possible, to suggest aging/dating parameters for certain neuropathological findings relevant to forensic neuropathology testimony. As a selective reference, the volume emphasizes practical issues and focuses on the most commonly encountered issues among neuropathology and medical examiner professionals.
* Over 800 high-quality full-color photographs, gross and microscopic as well as illustrative line drawings
* Use of actual cases, briefly summarized and illustrated to emphasize key principles
* Focuses on the most-commonly encountered cases as relate to forensic incident and covers these aspects in depth and detail
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- Using Antibodies : A Laboratory Manual : Portable Protocol NO. I
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- Against All Odds: Shot Down over Occupied Territory in WWII
The Transformation of American Law, 1780-1860 (Studies in Legal History)
A History of American Law: Third Edition
American Law in the Twentieth Century
The People's Welfare: Law and Regulation in Nineteenth-Century America (Studies in Legal History)
American Legal Realism
