Overview

Are the cognitive sciences relevant for law? How do they influence legal theory and practice? Should lawyers become part-time cognitive scientists? The recent advances in the cognitive sciences have reshaped our conceptions of human decision-making and behavior. Many claim, for instance, that we can no longer view ourselves as purely rational agents equipped with free will. This change is vitally important for lawyers, who are forced to rethink the foundations of their theories and the framework of legal practice. Featuring multidisciplinary scholars from around the world, this book offers a comprehensive overview of the emerging field of law and the cognitive sciences. It develops new theories and provides often provocative insights into the relationship between the cognitive sciences and various dimensions of the law including legal philosophy and methodology, doctrinal issues, and evidence.

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9781108736923

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Reviews

'The past decades have brought us a host of fascinating developments in cognitive science that challenge many things we thought we knew about human beings and their behaviour. In this volume these developments are taken to court - what are the consequences of these developments for the different domains within law? The editors of this volume aim at nothing less than a meaningful exchange between these two disciplines. The 24 chapters of this volume take cognitive science seriously as a point of reference in discussing a plethora of issues in law, including issues that concern its foundations and that address deep philosophical concerns about human nature. This is done by a terrific line up of renowned philosophers, cognitive scientists and legal scholars, some of whom respond to one another. A must read when you believe the law is a core institution in our lives, one that needs to take into consideration what science and philosophy have taught us about human beings.' Maureen Sie, Professor Philosophy of Moral Agency, director Research Institute TiLPS, University of Tilburg 'Creating, enforcing, and following law are all, at least in part, mental acts. And thus, it is no surprise that understanding what law is and how law operates requires understanding the human mind. This collection of essays on the relevance of the cognitive sciences to understanding the phenomenon of law is noteworthy not only for the insights of such an impressive array of prominent legal theorists, but also for the diversity of perspectives represented, including, admirably, even some number of sceptical perspectives.' Fred Schauer, David and Mary Harrison Distinguished Professor of Law, University of Virginia 'Law and Mind sheds critical light on the newest challenges of cognitive sciences to a variety of philosophical and legal issues. Brozek, Hage and Vincent have put together a remarkable collection of essays, written by interdisciplinary scholars of international reputations. A highly recommended read.' Federica Coppola, Columbia University, New York

Author Information

Bartosz Brożek is Professor at the Faculty of Law and Administration and the director of the Copernicus Center for Interdisciplinary Studies at the Jagiellonian University in Kraków. He holds PhDs in law and philosophy, and specializes in legal philosophy, epistemology, theories of argumentation, as well as moral and mathematical cognition. He is the author of 20 book monographs, the editor of 24 volumes, and the author of more than 100 research papers. Brożek has received numerous scholarships and awards, including Humboldt Fellowship. He is the co-creator of the Copernicus Festival in Kraków as well as the MOOC platform Copernicus College. Jaap Hage holds the chair for Jurisprudence at Maastricht University. His research has focused on the ontology and logic of law, basic legal concepts, the methods of legal science, and – most recently – law and the cognitive sciences. His scientific publications include Reasoning with Rules, Studies in Legal Logic, and Foundations and Building Blocks of Law. Nicole A Vincent is Senior Lecturer, Faculty of Transdisciplinary Innovation at the University of Technology Sydney. An analytic philosopher, she focuses on the social, legal, policy, and ethical implications, applications, challenges, and opportunities of advances in science and emerging technologies. Her publications have been cited in the Supreme Court of the United States and by the Presidential Commission for the Study of Bioethical Issues. She also spearheaded the development of the Australian Neurolaw Database. Her edited volumes, Neuroscience and Criminal Responsibility (2013) and Neurointerventions and The Law: Regulating Human Mental Capacity (2020) are core neurolaw reference texts.

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