Neurointerventions and the Law

Neurointerventions and the Law
Author: Nicole A Vincent
Publisher: Oxford University Press
Total Pages: 465
Release: 2020-03-20
Genre: Medical
ISBN: 0190667974

This volume makes a contribution to the field of neurolaw by investigating issues raised by the development, use, and regulation of neurointerventions. The broad range of topics covered in these chapters reflects neurolaw's growing social import, and its rapid expansion as an academic field of inquiry. Some authors investigate the criminal justice system's use of neurointerventions to make accused defendants fit for trial, to help reform convicted offenders, or to make condemned inmates sane enough for execution, while others interrogate the use, regulation, and social impact of cognitive enhancement medications and devices. Issues raised by neurointervention-based gay conversion "therapy", efficacy and safety of specific neurointervention methods, legitimacy of their use and regulation, and their implications for authenticity, identity, and responsibility are among the other topics investigated. Dwelling on neurointerventions also highlights tacit assumptions about human nature that have important implications for jurisprudence. For all we know, at present such things as people's capacity to feel pain, their sexuality, and the dictates of their conscience, are unalterable. But neurointerventions could hypothetically turn such constants into variables. The increasing malleability of human nature means that analytic jurisprudential claims (true in virtue of meanings of jurisprudential concepts) must be distinguished from synthetic jurisprudential claims (contingent on what humans are actually like). Looking at the law through the lens of neurointerventions thus also highlights the growing need for a new distinction between analytic jurisprudence and synthetic jurisprudence to tackle issues that increasingly malleable humans will face when they encounter novel opportunities and challenges.

Neurointerventions and the Law

Neurointerventions and the Law
Author: Nicole A Vincent
Publisher: Oxford University Press
Total Pages: 352
Release: 2020-03-20
Genre: Medical
ISBN: 0190651156

This volume makes a contribution to the field of neurolaw by investigating issues raised by the development, use, and regulation of neurointerventions. The broad range of topics covered in these chapters reflects neurolaw's growing social import, and its rapid expansion as an academic field of inquiry. Some authors investigate the criminal justice system's use of neurointerventions to make accused defendants fit for trial, to help reform convicted offenders, or to make condemned inmates sane enough for execution, while others interrogate the use, regulation, and social impact of cognitive enhancement medications and devices. Issues raised by neurointervention-based gay conversion "therapy", efficacy and safety of specific neurointervention methods, legitimacy of their use and regulation, and their implications for authenticity, identity, and responsibility are among the other topics investigated. Dwelling on neurointerventions also highlights tacit assumptions about human nature that have important implications for jurisprudence. For all we know, at present such things as people's capacity to feel pain, their sexuality, and the dictates of their conscience, are unalterable. But neurointerventions could hypothetically turn such constants into variables. The increasing malleability of human nature means that analytic jurisprudential claims (true in virtue of meanings of jurisprudential concepts) must be distinguished from synthetic jurisprudential claims (contingent on what humans are actually like). Looking at the law through the lens of neurointerventions thus also highlights the growing need for a new distinction between analytic jurisprudence and synthetic jurisprudence to tackle issues that increasingly malleable humans will face when they encounter novel opportunities and challenges.

Neurointerventions, Crime, and Punishment

Neurointerventions, Crime, and Punishment
Author: Jesper Ryberg
Publisher:
Total Pages: 251
Release: 2020
Genre: Law
ISBN: 0190846429

Can it be justified to use neuroscientific technologies for influencing the human brain as a means of preventing offenders from engaging in future criminal conduct? In Neurointerventions, Crime, and Punishment, Jesper Ryberg considers various ethical challenges surrounding this question.

Treatment for Crime

Treatment for Crime
Author: David Birks
Publisher:
Total Pages: 383
Release: 2018
Genre: Law
ISBN: 0198758618

Traditional means of crime prevention, such as incarceration and psychological rehabilitation, are frequently ineffective. This collection considers how crime preventing neurointerventions (CPNs) could present a more humane alternative but, on the other hand, how neuroscientific developments and interventions may threaten fundamental human values.

Minds, Brains, and Law

Minds, Brains, and Law
Author: Michael S. Pardo
Publisher: Oxford University Press
Total Pages: 269
Release: 2013-09
Genre: Law
ISBN: 0199812136

This book addresses the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. The empirical, practical, ethical, and conceptual issues that Pardo and Patterson seek to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.

Neurolaw and Responsibility for Action

Neurolaw and Responsibility for Action
Author: Bebhinn Donnelly-Lazarov
Publisher: Cambridge University Press
Total Pages: 313
Release: 2018-05-03
Genre: Law
ISBN: 1108635202

Law regulates human behaviour, a phenomenon about which neuroscience has much to say. Neuroscience can tell us whether a defendant suffers from a brain abnormality, or injury and it can correlate these neural deficits with criminal offending. Using fMRI and other technologies it might indicate whether a witness is telling lies or the truth. It can further propose neuro-interventions to 'change' the brains of offenders and so to reduce their propensity to offend. And, it can make suggestions about whether a defendant knows or merely suspects a prohibited state of affairs; so, drawing distinctions among the mental states that are central to legal responsibility. Each of these matters has philosophical import; is a neurological 'deficit' inculpatory or exculpatory; what is the proper role for law if the mind is no more than the brain; is lying really a brain state and can neuroscience really 'read' the brain? In this edited collection, leading contributors to the field provide new insights on these matters, bringing to light the great challenges that arise when disciplinary boundaries merge.

Memory and Law

Memory and Law
Author: Lynn Nadel
Publisher: Oxford University Press
Total Pages: 409
Release: 2012-08-02
Genre: Law
ISBN: 0199920753

The legal system depends upon memory function in a number of critical ways, including the memories of victims, the memories of individuals who witness crimes or other critical events, the memories of investigators, lawyers, and judges engaged in the legal process, and the memories of jurors. How well memory works, how accurate it is, how it is affected by various aspects of the criminal justice system — these are all important questions. But there are others as well: Can we tell when someone is reporting an accurate memory? Can we distinguish a true memory from a false one? Can memories be selectively enhanced, or erased? Are memories altered by emotion, by stress, by drugs? These questions and more are addressed by Memory and Law, which aims to present the current state of knowledge among cognitive and neural scientists about memory as applied to the law.

Law and Mind

Law and Mind
Author: Bartosz Brożek
Publisher: Cambridge University Press
Total Pages: 1001
Release: 2021-04-29
Genre: Law
ISBN: 1316997081

Are the cognitive sciences relevant for law? How do they influence legal theory and practice? Should lawyers become part-time cognitive scientists? The recent advances in the cognitive sciences have reshaped our conceptions of human decision-making and behavior. Many claim, for instance, that we can no longer view ourselves as purely rational agents equipped with free will. This change is vitally important for lawyers, who are forced to rethink the foundations of their theories and the framework of legal practice. Featuring multidisciplinary scholars from around the world, this book offers a comprehensive overview of the emerging field of law and the cognitive sciences. It develops new theories and provides often provocative insights into the relationship between the cognitive sciences and various dimensions of the law including legal philosophy and methodology, doctrinal issues, and evidence.

Conscious Will and Responsibility

Conscious Will and Responsibility
Author: Walter Sinnott-Armstrong
Publisher: Oxford University Press
Total Pages: 278
Release: 2010-11-24
Genre: Psychology
ISBN: 019970063X

We all seem to think that we do the acts we do because we consciously choose to do them. This commonsense view is thrown into dispute by Benjamin Libet's eyebrow-raising experiments, which seem to suggest that conscious will occurs not before but after the start of brain activity that produces physical action. Libet's striking results are often claimed to undermine traditional views of free will and moral responsibility and to have practical implications for criminal justice. His work has also stimulated a flurry of further fascinating scientific research--including findings in psychology by Dan Wegner and in neuroscience by John-Dylan Haynes--that raises novel questions about whether conscious will plays any causal role in action. Critics respond that both commonsense views of action and traditional theories of moral and legal responsibility, as well as free will, can survive the scientific onslaught of Libet and his progeny. To further this lively debate, Walter Sinnott-Armstrong and Lynn Nadel have brought together prominent experts in neuroscience, psychology, philosophy, and law to discuss whether our conscious choices really cause our actions, and what the answers to that question mean for how we view ourselves and how we should treat each other.

Fair Opportunity and Responsibility

Fair Opportunity and Responsibility
Author: David O. Brink
Publisher: Oxford University Press
Total Pages: 360
Release: 2021-06-01
Genre: Philosophy
ISBN: 0192603191

Fair Opportunity and Responsibility lies at the intersection of moral psychology and criminal jurisprudence and analyzes responsibility and its relations to desert, culpability, excuse, blame, and punishment. It links responsibility with the reactive attitudes but makes the justification of the reactive attitudes depend on a prior and independent conception of responsibility. Responsibility and excuse are inversely related; an agent is responsible for misconduct if and only if it is not excused. As a result, we can study responsibility by understanding excuses. We excuse misconduct when an agent's capacities or opportunities are significantly impaired, because these capacities and opportunities are essential if agents are to have a fair opportunity to avoid wrongdoing. This conception of excuse tells us that responsibility itself consists in agents having suitable cognitive and volitional capacities - normative competence - and a fair opportunity to exercise these capacities free from undue interference - situational control. Because our reactive attitudes and practices presuppose the fair opportunity conception of responsibility, this supports a predominantly retributive conception of blame and punishment that treats culpable wrongdoing as the desert basis of blame and punishment. We can then apply the fair opportunity framework to assessing responsibility and excuse in circumstances of structural injustice, situational influences in ordinary circumstances and in wartime, insanity and psychopathy, immaturity, addiction, and crimes of passion. Though fair opportunity has important implications for each issue, treating them together allows us to explore common themes and appreciate the need to take partial responsibility and excuse seriously in our practices of blame and punishment.