Overview
- Links Oliver Wendell Holmes Jr. to the larger culture of pragmatism, inquiry and the body politic
- Explores the new culture of neuroscience and the continuity of the law and science which Holmes represented
- Considers the work of pragmatist philosopher John Dewey as an alternative to Holmes
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Table of contents (11 chapters)
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Front Matter
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Back Matter
Keywords
About this book
This book explores the cultures of philosophy and the law as they interact with neuroscience and biology, through the perspective of American jurist Oliver Wendell Holmes’ Jr., and the pragmatist tradition of John Dewey. Schulkin proposes that human problem solving and the law are tied to a naturalistic, realistic and an anthropological understanding of the human condition. The situated character of legal reasoning, given its complexity, like reasoning in neuroscience, can be notoriously fallible. Legal and scientific reasoning is to be understood within a broader context in order to emphasize both the continuity and the porous relationship between the two.
Some facts of neuroscience fit easily into discussions of human experience and the law. However, it is important not to oversell neuroscience: a meeting of law and neuroscience is unlikely to prove persuasive in the courtroom any time soon. Nevertheless, as knowledge of neuroscience becomes more reliableand more easily accepted by both the larger legislative community and in the wider public, through which neuroscience filters into epistemic and judicial reliability, the two will ultimately find themselves in front of a judge. A pragmatist view of neuroscience will aid and underlie these events.
Authors and Affiliations
About the author
Bibliographic Information
Book Title: Oliver Wendell Holmes Jr., Pragmatism and Neuroscience
Authors: Jay Schulkin
DOI: https://doi.org/10.1007/978-3-030-23100-2
Publisher: Palgrave Macmillan Cham
eBook Packages: Religion and Philosophy, Philosophy and Religion (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2019
Hardcover ISBN: 978-3-030-23099-9Published: 29 August 2019
Softcover ISBN: 978-3-030-23102-6Published: 29 August 2020
eBook ISBN: 978-3-030-23100-2Published: 17 August 2019
Edition Number: 1
Number of Pages: XI, 355
Number of Illustrations: 2 b/w illustrations
Topics: Pragmatism, Philosophy of Law, Political Philosophy, Theories of Law, Philosophy of Law, Legal History, Philosophy of Mind