Law, Mind and Brain Medical Law and Ethics Series Editor Sheila McLean, director of the institute of Law and Ethics in Medicine, School of Law, University of Glasgow The 21st century seems likely to witness some of the most major developments in medicine and healthcare ever seen. at the same time, the debate about the extent to which science and/or medicine should lead the moral agenda continues, as do questions about the appropriate role for law. This series brings together some of the best contemporary academic commentators to tackle these dilemmas in a challenging, informed and inquiring manner. The scope of the series is purposely wide, including contributions from a variety of disciplines such as law, philosophy and social sciences. Other titles in the series Biotechnology and the Challenge of Property Property rights in dead Bodies, Body Parts, and Genetic information Remigius N. Nwabueze iSBn 978-0-7546-7168-8 Medical Self-regulation Crisis and Change Mark Davies iSBn 978-0-7546-4459-0 The Jurisdiction of Medical Law Kenneth Veitch iSBn 978-0-7546-4944-1 altruism reconsidered Exploring new approaches to Property in Human Tissue Edited by Michael Steinmann, Peter Sykora, and Urban Wiesing iSBn 978-0-7546-7270-8 (forthcoming) disclosure dilemmas Ethics of Genetic Prognosis after the ‘right to Know/not to Know’ debate Edited by Christoph Rehmann-Sutter and Hansjakob Müller iSBn 978-0-7546-7451-1 (forthcoming) Law, Mind and Brain Edited by MiCHaEL FrEEMan University College London, UK and OLivEr r. GOOdEnOUGH Vermont Law School, USA First published 2009 by Ashgate Publishing Published 2016 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon 0X14 4RN 711 Third Avenue, New York, NY 10017, USA Routledge is an imprint of the Taylor & Francis Group, an informa business Copyright © Michael Freeman and Oliver R. Goodenough 2009 Michael Freeman and Oliver R. Goodenough have asserted their moral right under the Copyright, Designs and Patents Act, 1988, to be identified as the editors of this work. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing in Publication Data Law, mind and brain. - (Medical law and ethics) 1. Medical laws and legislation 2. Brain - Research 3. Medical ethics I. Freeman, Michael D. A. II. Goodenough, Oliver R. 344’.041 Library of Congress Cataloging-in-Publication Data Law, mind and brain / edited by Michael Freeman and Oliver R. Goodenough. p. cm. — (Medical law and ethics) Includes index. ISBN 978-0-7546-7013-1 (hardback) 1. Law—Psychological aspects. 2. Forensic psychology. I. Freeman, Michael D. A. II. Goodenough, Oliver R. K346.L394 2008 340M9—dc22 2008030034 ISBN 13: 978-0-7546-7013-1 (hbk) Contents List of Figures vii List of Tables ix List of Contributors xi Preface xiii 1 introduction 1 Michael Freeman and Oliver R. Goodenough 2 Law, responsibility and the Brain 5 Dean Mobbs, Hakwan C. Lau,, Owen D. Jones, and Christopher D. Frith 3 Brain imaging and Courtroom Evidence: On the admissibility and Persuasiveness of fMri 23 Neal Feigenson 4 Mind the Gap: Problems of Mind, Body and Brain in the Criminal Law 55 Lisa Claydon 5 Self-Exclusion agreements: Should we Be Free not to Be Free to ruin Ourselves? Gambling, Self-Exclusion agreements and the Brain 81 Florian Wagner-von Papp 6 The Problems with Blaming 127 Theodore Y. Blumoff 7 why distinguish “Mental” and “Physical” illness in the Law of involuntary Treatment? 173 John Dawson and George Szmukler 8 a Stable Paradigm: revisiting Capacity, vulnerability and the rights Claims of adolescents after Roper v. Simmons 183 Catherine J. Ross 9 Thinking Like a Child: Legal implications of recent developments in Brain research for Juvenile Offenders 199 Katherine Hunt Federle and Paul Skendelas vi Law, Mind and Brain 10 Legal implications of Memory-dampening 215 Adam Kolber 11 reframing the Good death: Enhancing Choice in dying, neuroscience, End-of-Life research and the Potential of Psychedelics in Palliative Care 239 Robin Mackenzie 12 Equality in Exchange revisited: From an Evolutionary (Genetic and Cultural) Point of view 267 Bart Du Laing 13 Just (and Efficient?) Compensation for Governmental Expropriations 299 Jeffrey Evans Stake 14 Examining the Biological Bases of Family Law: Lessons to be Learned for the Evolutionary analysis of Law 323 June Carbone and Naomi Cahn 15 why do Good People Steal intellectual Property? 345 Oliver R. Goodenough and Gregory Decker, J.D. 16 Cues in the Courtroom: when do They improve Jurors’ decisions? 373 Cheryl Boudreau 17 Reflections on Reading: Words and Pictures and Law 391 Christina Spiesel Index 413 List of Figures 2.1 regions associated with normal and atypical Social Behaviour 10 2.2 Cases where Brain anomalies have, or have not, been Linked to anti-social Behaviour 17 3.1 fMri data to BOLd data 32 15.1 Traditional, Massively Over-simplified Model of the Movement from Sensory input to action in the Brain 351 15.2 Plausible, Less Over-simplified Model of the Movement from Sensory input to action in the Brain 352 15.3 Combine the Model with Other Systems and Effects 353 List of Tables 2.1 Examples of Prefrontal Brain regions associated with Pro-social Behaviour 7 16.1 The Effects that Common interests, a $15 Penalty for Lying, and a 100% Chance of Verification have on Sophisticated and Unsophisticated Subjects 385 16.2 difference in the Percentage of Problems answered Correctly among Sophisticated and Unsophisticated Subjects, relative to their Sophisticated and Unsophisticated Counterparts in the Control Group 386