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Philosophical Foundations of Law and Neuroscience$
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Dennis Patterson and Michael S. Pardo

Print publication date: 2016

Print ISBN-13: 9780198743095

Published to Oxford Scholarship Online: August 2016

DOI: 10.1093/acprof:oso/9780198743095.001.0001

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Lie-detection, Neuroscience, and the Law of Evidence

Lie-detection, Neuroscience, and the Law of Evidence

(p.85) 5 Lie-detection, Neuroscience, and the Law of Evidence
Philosophical Foundations of Law and Neuroscience

Frederick Schauer

Oxford University Press

This chapter focuses on neuroscience-based lie-detection from the perspective of the policies and epistemic norms underlying the law of evidence and legal proof. It makes the case that in some instances neuroscientific evidence is superior to forms of evidence (scientific and non-scientific) routinely admitted in legal proceedings. In analysing whether neuroscientific evidence should be admitted or excluded in legal proceedings, the chapter asks the important question: ‘compared to what’? Excluding neuroscientific evidence in order to base decisions on evidence that may be more epistemically problematic appears to run afoul of the law’s evidentiary principles and goals. The chapter also emphasizes the extent to which the epistemic norms and standards at issue involve fundamentally legal and not just scientific questions.

Keywords:   lie-detection, neuroscientific evidence, legal proceedings, epistemic norms, evidence, legal proof

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