Many states recognize a legal right to bodily integrity, understood as a right against significant, nonconsensual interference with one’s body. Recently, some have called for the recognition of an analogous legal right to mental integrity: a right against significant, nonconsensual interference with one’s mind. In this chapter, we describe and distinguish three different rationales for recognizing such a right. The first appeals to case-based intuitions to establish a distinctive duty not to interfere with others’ minds; the second holds that, if (...) we accept a legal right to bodily integrity, then we must, on pain of philosophical inconsistency, accept a case for an analogous right over the mind; and the third holds that recent technological developments create a need for a legal right to mental integrity. (shrink)

Forensic evaluations of insanity have recently borne witness to an influx of neuroimaging methods, especially structural and functional magnetic resonance imaging and positron emission tomography, to assist in the development of explanations that help to excuse legal responsibility for criminal behavior. The results of these scanning methods have been increasingly introduced in legal settings to offer or support a clinical diagnosis that in turn suggests that an individual was incapable of knowing right from wrong, or to pinpoint brain dysfunction suggestive (...) of an inability to control behavior. This paper examines how neuroimaging has been employed in insanity evaluations. After addressing the contentious use of neuroimaging scans in insanity evaluations and synthesizing relevant research, we conclude that such scans presently hold limited applicability for forensic determinations of insanity. Furthermore, they can in some cases distract the trier of fact, potentially leading to erroneous conclusions. (shrink)

In this article, we suggest that the study of social interactions and the development of a “sense of agency” in joint action can help determine the content of relevant explanations to be implemented in artificial systems to make them “explainable.” The introduction of automated systems, and more broadly of Artificial Intelligence, into many domains has profoundly changed the nature of human activity, as well as the subjective experience that agents have of their own actions and their consequences – an experience (...) that is commonly referred to as sense of agency. We propose to examine the empirical evidence supporting this impact of automation on individuals’ sense of agency, and hence on measures as diverse as operator performance, system explicability and acceptability. Because of some of its key characteristics, AI occupies a special status in the artificial systems landscape. We suggest that this status prompts us to reconsider human–AI interactions in the light of human–human relations. We approach the study of joint actions in human social interactions to deduce what key features are necessary for the development of a reliable sense of agency in a social context and suggest that such framework can help define what constitutes a good explanation. Finally, we propose possible directions to improve human–AI interactions and, in particular, to restore the sense of agency of human operators, improve their confidence in the decisions made by artificial agents, and increase the acceptability of such agents. (shrink)

Many legal systems have an insanity defense, which means that although a person has committed a crime, she is not held criminally responsible for the act. A challenge with regard to these assessments is that forensic psychiatrists have to rely to a considerable extent on the defendant's self-report. Could neuroscience be a way to make these evaluations more objective? The current value of neuroimaging in insanity assessments will be examined. The author argues that neuroscience can be valuable for diagnosing neurological (...) illnesses, rather than psychiatric disorders. Next, he discusses to what extent neurotechnological 'mind reading' techniques, if they would become available in the future, could be useful to get beyond self-report in forensic psychiatry. (shrink)