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This reception contrasts sharply with that accorded to two fields that have also challenged dominant notions of (legal) rationality: behavioral law and economics, and the emerging field of law and neuroscience.In this Article, we examine the ambivalent reception of this promising body of work.In this essay, I consider the liabilities and potential of techniques that measure human brain activity.I am concerned here only with methods that measure relevant physiologic states of the central nervous system and relate those measures to particular mental states.Notwithstanding the breadth of its epistemological challenges, law and emotions scholarship can contribute to the familiar normative work of the law—revising and strengthening existing doctrine, improving decisionmaking, and informing new legal policies.Moreover, it can facilitate the less familiar but nevertheless valuable task of using law to improve people’s affective lives.A prominent view of psychopathic moral reasoning suggests that psychopathic individuals cannot properly distinguish between moral wrongs and other types of wrongs.The present study evaluated this view by examining the extent to which 109 incarcerated offenders with varying degrees of psychopathy could distinguish between moral and conventional transgressions relative to each other and to nonincarcerated healthy controls.
The law has also more frequently considered TBI in criminal settings for exculpation, mitigation and sentencing purposes and in tort and administrative law for personal injury, disability and worker's compensation cases.Yet mainstream legal academics have often greeted it with ambivalence.
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