Law and Neuroscience: State of the Art

Rutgers School of Law - Camden

“Neurolaw”—advocacy for increased use of neuroscience in legal proceedings—is the fastest-growing interdisciplinary focus of legal, scholarly and policy attention. From blogs, books, journals and conferences, the message is clear: developments in neuroscience have potentially transformative applications in law both at the theoretical level and in institutional contexts. Scholars, scientists, and journalists alike all proclaim the great promise of neuroscience for law. Research into the neural workings of the human brain—with the aid of sophisticated brain-imaging techniques such as functional Magnetic Resonance Imaging (fMRI)—will, some predict, “probably completely change nearly every area of law”. Some believe that, in time, neuroscience will “dominate the entire legal system”. Current proposals for the confluence of law and neuroscience have focused widely from specific doctrinal (i.e., legal) matters and areas of law to general evidentiary issues, philosophical questions involving justice, morality, freedom, rationality, and general jurisprudence. Indeed, one would be hard pressed to think of a single legal issue not potentially affected by the claims made on behalf of the influence of neuroscience on law.

This conference will bring together leading legal scholars to assess the current "State of the art" in law and neuroscience, including: Debra Denno, Adam Kolber, John Mikhail, Michael Moore, Stephen Morse, Thomas Nadelhoffer, Michael Pardo, Frederick Schauer and Nicole Vincent (Macquarie/Delft). Presentations will focus widely on theoretical and practical issues, as well as implications for law and legal theory.