Dennis Patterson - Böcker

Cognitive neuroscientists have deepened our understanding of the complex relationship between mind and brain and complicated the relationship between mental attributes and law. New arguments and conclusions based on functional magnetic resonance imaging (fMRI), electroencephalography (EEG), and other increasingly sophisticated technologies are being applied to debates and processes in the legal field, from lie detection to legal doctrine surrounding criminal law, including the insanity defense to legal theory.In Minds, Brains, and Law, Michael S. Pardo and Dennis Patterson analyze questions that lie at the core of implementing neuroscientific research and technology within the legal system. They examine the arguments favoring increased use of neuroscience in law, the scientific evidence available for the reliability of neuroscientific evidence in legal proceedings, and the integration of neuroscientific research into substantive legal doctrines.The authors also explore the basic philosophical questions that lie at the intersection of law, mind, and neuroscience. In doing so, they argue that mistaken inferences and conceptual errors arise from mismatched concepts, such as the disconnect between lying and what constitutes "lying" in many neuroscientific studies. The empirical, practical, ethical, and conceptual issues that Pardo and Patterson seek to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.This paperback edition contain a new Preface covering developments in this subject since the hardcover edition published in 2013.

Patterson applies the modern debate between Realism and Anti-realism to the question of the nature of law. Starting from the question `What is legal knowledge?' he examines the answers provided by the principal comtemporary theories of jurisprudence, concluding that they are all inextricably bound uo with the nature of justification. He concludes with a novel aaccount of legal knowledge as pragmatism.

Addressing both public and private law, this book shows how the philosophy of law is related to concrete and actual legal practice. Part One consists of readings from philosophers representing eight influential types of jurisprudence: natural law theory, positivism, constructivism, consequentialism, critical legal studies, feminist theory, practice theory, and 'new' natural law theory. In Part Two the auhtors present a variety of cases that allow students to apply the theories of Part One to the actual practice of law.

Taking up a single question--"What does it mean to say a proposition of law is true?"--this book advances a major new account of truth in law. Drawing upon the later philosophy of Wittgenstein, as well as more recent postmodern theory of the relationship between language, meaning, and the world, Patterson examines leading contemporary jurisprudential approaches to this question and finds them flawed in similar and previously unnoticed ways. He offers a powerful alternative account of legal justification, one in which linguistic practice--the use of forms of legal argument--holds the key to legal meaning.

In The Oxford Introductions to U.S. Law: Intellectual Property, prominent intellectual property scholar Daniel Hunter provides a precise, engaging overview and careful analysis of current laws of intellectual property and their history. Hunter first focuses on the central areas of intellectual property law, including copyright, patent, trademark, and trade secrets. He then moves beyond the basics, exploring the politics, economics, psychology and rhetoric of possession and control that influence and interact with this area of law. Hunter explains how intellectual property has contributed greatly to the innovations that we, as a society, need in our modern lives. He also describes ways in which the expansion of intellectual property can reduce innovation by stopping others from implementing great ideas or producing new work. Hunter helps readers think about modern intellectual property in a way that allows them to see how innovation and progress are linked to intellectual property law, and how small changes in the laws have had significant consequences for our society. Ultimately, Hunter helps readers form their own views about the various areas within the arena of intellectual property.

Torts--personal injury law--is a fundamental yet controversial part of our legal system. The Oxford Introductions to U.S. Law: Torts provides a clear and comprehensive account of what tort law is, how it works, what it stands to accomplish, and why it is now much-disputed. Goldberg and Zipursky--two of the world's most prominent tort scholars--carefully analyze leading judicial decisions and prominent tort-related legislation, and place each event into its proper context. Topics covered include products liability, negligence, medical malpractice, intentional torts, defamation and privacy torts, punitive damages, and tort reform.

The intersection between law and neuroscience has been a focus of intense research for the past decade, as an unprecedented amount of attention has been triggered by the increased use of neuroscientific evidence in courts. While the majority of this attention is currently devoted to criminal law, including capital cases, the wide-ranging proposals for how neuroscience may inform issues of law and public policy extend to virtually every substantive area in law. Bringing together the latest work from leading scholars in the field, this volume examines the philosophical issues that inform this emerging and vibrant subfield of law. From discussions featuring the philosophy of the mind to neuroscience-based lie detection, each chapter addresses foundational questions that arise in the application of neuroscientific technology in the legal sphere.

As neuroscientific technologies continue to develop and inform our understanding of the mind, the opportunities for applying neuroscience in legal proceedings have also increased. Cognitive neuroscientists have deepened our understanding of the complex relationship between the mind and the brain by using new techniques such as functional magnetic resonance imaging (fMRI) and electroencephalography (EEG). The inferences drawn from these findings and increasingly sophisticated technologies are being applied to debates and processes in the legal field, from lie detection in criminal trials to critical legal doctrines surrounding the insanity defense or guilt adjudication.In Minds, Brains, and Law: The Conceptual Foundations of Law and Neuroscience, Michael S. Pardo and Dennis Patterson assess the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. They examine the arguments favoring the increased use of neuroscience in law, the means for assessing its reliability in legal proceedings, and the integration of neuroscientific research into substantive legal doctrines. The authors use their explorations to inform a corrective inquiry into the mistaken inferences and conceptual errors that arise from mismatched concepts, such as the mental disconnect of what constitutes "lying" on a lie detection test. The empirical, practical, ethical, and conceptual issues that Pardo and Patterson seek to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.

The problem with expertise and the dark side of the equation knowledge = power. Experts are not infallible. Treating them as such has done us all a grave disservice and, as The Weaponization of Expertise makes painfully clear, given rise to the very populism that all-knowing experts and their elite coterie decry. Jacob Hale Russell and Dennis Patterson use the devastating example of the COVID-19 pandemic to illustrate their case, revealing how the hubris of all-too-human experts undermined perhaps irreparably public faith in elite policymaking. Paradoxically, by turning science into dogmatism, the overweening elite response has also proved deeply corrosive of expertise itself in effect, doing exactly what elite policymakers accuse their critics of doing. A much-needed corrective to a dangerous blind faith in expertise, The Weaponization of Expertise identifies a cluster of pathologies that have enveloped many institutions meant to help referee expert knowledge, in particular a disavowal of the doubt, uncertainty, and counterarguments that are crucial to the accumulation of knowledge. At a time when trust in expertise and faith in institutions are most needed and most lacking, this work issues a stark reminder that a crisis of misinformation may well begin at the top.

Featuring contributions from renowned scholars, A Companion to European Union Law and International Law presents a comprehensive and authoritative collection of essays that addresses all of the most important topics on European Union and international law. Integrates the fields of European Union law and international law, revealing both the similarities and differencesFeatures contributions from renowned scholars in the fields of EU law and international lawCovers a broad range of topical issues, including trade, institutional decision-making, the European Court of Justice, democracy, human rights, criminal law, the EMU, and many others

The international institutions that have governed global trade since the end of World War II have lost their effectiveness, and global trade governance is fractured. The need for new institutions is obvious, and yet, few proposals seem to be on offer. The key to understanding the global trading order lies in uncovering the relationship between trade and the State, and how the inner constitution of Statecraft drives the architecture of the global order and requires structural changes as the State traverses successive cycles. The current trade order, focused on the liberalization of trade in goods and services and the management of related issues, is predicated on policies and practices that were the product of a global trading order of the 20th-century modern nation-states. Today, a new form of the State - the post-modern State - is evolving. In this book, the authors propose a new trade norm - the enablement of global economic opportunity - and a new institution - the Trade Council - to overhaul the global trading order.

The international institutions that have governed global trade since the end of World War II have lost their effectiveness, and global trade governance is fractured. The need for new institutions is obvious, and yet, few proposals seem to be on offer. The key to understanding the global trading order lies in uncovering the relationship between trade and the State, and how the inner constitution of Statecraft drives the architecture of the global order and requires structural changes as the State traverses successive cycles. The current trade order, focused on the liberalization of trade in goods and services and the management of related issues, is predicated on policies and practices that were the product of a global trading order of the 20th-century modern nation-states. Today, a new form of the State - the post-modern State - is evolving. In this book, the authors propose a new trade norm - the enablement of global economic opportunity - and a new institution - the Trade Council - to overhaul the global trading order.

This carefully selected set of readings presents some of the most important articles in the field. The collection is essential reading for anyone with an interest in legal philosophy. Gathers together some of the most important articles in the field of philosophy of law and legal theory. Complements Dennis Patterson's A Companion to Philosophy of Law and Legal Theory (Blackwell, 1999). Represents essential reading for the beginning law student.

This carefully selected set of readings presents some of the most important articles in the field. The collection is essential reading for anyone with an interest in legal philosophy. Gathers together some of the most important articles in the field of philosophy of law and legal theory. Complements Dennis Patterson's A Companion to Philosophy of Law and Legal Theory (Blackwell, 1999). Represents essential reading for the beginning law student.

This outstanding new volume provides a comprehensive and authoritative survey of the theories, topics, subjects, and discources that now feature in the law school and undergraduate legal studies curricula.

Wittgenstein is described in the Oxford Companion to Philosophy as 'the leading analytical philosopher of the twentieth century, whose two major works altered the course of the subject'. This exceptional reference volume highlights and explores the extensive influence of Wittgenstein's work on contemporary legal philosophy.

In this important collection of papers, Dennis Patterson continues to show the importance of Wittgenstein's thought for problems in legal theory. Ranging across issues in the philosophy of mind to questions of meaning and normativity, this collection of papers is essential reading for anyone with an interest in legal theory.

Contests conventional wisdom on Japan's postwar economic success and its economic and political problems in the 1990s, providing a new account of these conditions.In this book, the authors address Japan's economic crisis of the 1990s. They argue that most attempts to reconcile Japan's past success with its current problems have been inadequate, primarily because scholars fail to fully understand how Japan's political-economic system was organized and how it operated in the past. Revealing that certain long-term political and economic trends suggested in subtle but unambiguous ways that the crisis of the 1990s was long in the making, the authors offer an alternative explanation for Japan's postwar political-economic trajectory and a better understanding of the challenges that Japan currently faces.

In this cutting edge volume. Dennis Patterson has put together a collection of essays on the topic of law and justice in postmodern society. While trying to avoid a singular point of view for this compilation, Patterson has carefully chosen articles which highlight common themes, problems, and questions.

Featuring contributions from renowned scholars, A Companion to European Union Law and International Law presents a comprehensive and authoritative collection of essays that addresses all of the most important topics on European Union and international law. Integrates the fields of European Union law and international law, revealing both the similarities and differencesFeatures contributions from renowned scholars in the fields of EU law and international lawCovers a broad range of topical issues, including trade, institutional decision-making, the European Court of Justice, democracy, human rights, criminal law, the EMU, and many others

In this important collection of papers, Dennis Patterson continues to show the importance of Wittgenstein's thought for problems in legal theory. Ranging across issues in the philosophy of mind to questions of meaning and normativity, this collection of papers is essential reading for anyone with an interest in legal theory.

The articles in this new edition of A Companion to Philosophy of Law and Legal Theory have been updated throughout, and the addition of ten new articles ensures that the volume continues to offer the most up-to-date coverage of  current thinking in legal philosophy. Represents the definitive handbook of philosophy of law and contemporary legal theory, invaluable to anyone with an interest in legal philosophyNow features ten entirely new articles, covering the areas of risk, regulatory theory, methodology, overcriminalization, intention, coercion, unjust enrichment, the rule of law, law and society, and Kantian legal philosophyEssays are written by an international team of leading scholars

This volume details how the diplomatic successes of South Korean presidents removed the country from the international isolation it experienced in the aftermath of the Korean War and also provided the necessary international connections for the expansions of international trade it experienced. Patterson and Choi explain how diplomacy then was the primary process that allowed for the successful implementation of South Korea’s export-led economic development strategy which in turn led to the rapid growth that allowed it to eventually the internationally influential actor it is today

This volume details how the diplomatic successes of South Korean presidents removed the country from the international isolation it experienced in the aftermath of the Korean War and also provided the necessary international connections for the expansions of international trade it experienced. Patterson and Choi explain how diplomacy then was the primary process that allowed for the successful implementation of South Korea’s export-led economic development strategy which in turn led to the rapid growth that allowed it to eventually the internationally influential actor it is today

This landmark publication offers a unique comparative and interdisciplinary study of criminal insanity and neuroscience. Criminal law theories and ideologies which underpin the regulation of criminal insanity have always been the subject of controversy. The history of criminal insanity is characterised by conceptual and empirical tension between two disciplinary realms: the law and the mind sciences. The authors in this anthology explore in depth the state of the art of legal insanity and the numerous intricate, fascinating, pioneering and sophisticated questions raised by the integration of different criminal law and behaviour theories, diverse disciplines and methodologies, in a genuinely interdisciplinary perspective. This volume will serve as a practical guide for the comparative legal scholar and the judge, as well as stimulating scholarly reading for the neuroscientist, the social scientist and the philosopher with interdisciplinary scientific interests.