ABSTRACT: Legal statuses, prohibitions, and protections often turn on the presence and degree of physical pain. In legal domains ranging from tort to torture, pain and its degree do important definitional work by delimiting boundaries of lawfulness and of entitlements. The omnipresence of pain in law suggests that the law embodies an intuition about the ontological primacy of pain. Yet, for all the work done by pain as a term in legal texts and practice, it has had a confounding lack of external verifiability. As with other subjective states, we have been able to impute pain’s presence but have not been able to observe it directly. Continue reading »
Pain as Fact and Heuristic: How Pain Neuroimaging Illuminates Moral Dimensions of Law
- Category: Publications
- Tags: pain | Pain and the Brain
- Date: July 20, 2013
- Author: Amanda Pustilnik