Neuroscience and the Law

Brain, Mind, and the Scales of Justice

Edited by Brent Garland
Foreword by Mark S. Frankel

Paperback • $8.95 • 250 pages
ISBN: 978-1932594041
Published September 2004

Also available as an e-book

Neuroscience and the Law is a concise, jargon-free work examining how discoveries in neuroscience are influencing criminal and civil legal proceedings and what imminent and longer-term advances may affect the U.S. justice system. Part One of the book summarizes the deliberations at a meeting of 26 top neuroscientists, legal scholars, attorneys, and state and federal judges to sort out the issues. Part Two comprises the four formal commissioned papers that anchored these discussions:

  • “Free Will in the 21st Century,” by Michael S. Gazzaniga, and Megan S. Steven
  • “Neuroscience Developments and the Law,” by Laurence Tancredi
  • “Prediction, Litigation, Privacy and Property,” by Henry T. Greely
  • “New Neuroscience, Old Problems,” by Stephen J. Morse

Foreword, by Mark S. Frankel


Part I

Neuroscience and the Law: A Report

1. Framing the Issues

2. Monitoring and Imaging the Brain

3. Modifying the Brain

4. Crosscutting Legal Issues

5. Future Directions

Part II

Commissioned Papers

6. Free Will in the Twenty-first Century: A Discussion of Neuroscience and the Law, by Michael S. Gazzaniga and Megan S. Steven

7. Neuroscience Developments and the Law, by Laurence Tancredi

8. Prediction, Litigation, Privacy, and Property: Some Possible Legal and Social Implications of Advances in Neuroscience, by Henry T. Greely

9. New Neuroscience, Old Problems, by Stephen J. Morse


List of Participants

About the Authors



“A stimulating discussion of continuing issues."
    –The American Journal of Psychiatry

“ important book for every thoughtful person--not merely for those who want to work in the American legal system."
    –The Federal Lawyer