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  1. Neurointerventions and Informed Consent.Sebastian Jon Holmen - 2021 - Journal of Medical Ethics 47 (12):86-86.
    It is widely believed that informed consent must be obtained from a patient for it to be morally permissible to administer to him/her a medical intervention. The same has been argued for the use of neurointerventions administered to criminal offenders. Arguments in favour of a consent requirement for neurointerventions can take two forms. First, according to absolutist views, neurointerventions should never be administered without an offender’s informed consent. However, I argue that these views are ultimately unpersuasive. The second, and more (...)
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  • Respect, Punishment and Mandatory Neurointerventions.Sebastian Jon Holmen - 2021 - Neuroethics 14 (2):167-176.
    The view that acting morally is ultimately a question of treating others with respect has had a profound influence on moral and legal philosophy. Not surprisingly, then, some scholars forcefully argue that the modes of punishment that the states mete out to offenders should not be disrespectful, and, furthermore, it has been argued that obliging offenders to receive neurological treatment is incompatible with showing them their due respect. In this paper, I examine three contemporary accounts of what showing respect for (...)
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  • Would Nonconsensual Criminal Neurorehabilitation Express a more Degrading Attitude Towards Offenders than Consensual Criminal Neurorehabilitation?Jukka Varelius - 2020 - Neuroethics 14 (2):291-302.
    It has been proposed that reoffending could be reduced by manipulating the neural underpinnings of offenders’ criminogenic mental features with what have been called neurocorrectives. The legitimacy of such use of neurotechnology – criminal neurorehabilitation, as the use is called – is usually seen to presuppose valid consent by the offenders subjected to it. According to a central criticism of nonconsensual criminal neurorehabilitation, nonconsensual use of neurocorrectives would express a degrading attitude towards offenders. In this article, I consider this criticism (...)
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  • The Expressivist Objection to Nonconsensual Neurocorrectives.Gabriel De Marco & Thomas Douglas - 2021 - Criminal Law and Philosophy.
    Neurointerventions—interventions that physically or chemically modulate brain states—are sometimes imposed on criminal offenders for the purposes of diminishing the risk that they will recidivate, or, more generally, of facilitating their rehabilitation. One objection to the nonconsensual implementation of such interventions holds that this expresses a disrespectful message, and is thus impermissible. In this paper, we respond to this objection, focusing on the most developed version of it—that presented by Elizabeth Shaw. We consider a variety of messages that might be expressed (...)
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  • What is Criminal Rehabilitation?Lisa Forsberg & Thomas Douglas - 2020 - Criminal Law and Philosophy 1:doi: 10.1007/s11572-020-09547-4.
    It is often said that the institutions of criminal justice ought or—perhaps more often—ought not to rehabilitate criminal offenders. But the term ‘criminal rehabilitation’ is often used without being explicitly defined, and in ways that are consistent with widely divergent conceptions. In this paper, we present a taxonomy that distinguishes, and explains the relationships between, different conceptions of criminal rehabilitation. Our taxonomy distinguishes conceptions of criminal rehabilitation on the basis of (i) the aims or ends of the putatively rehabilitative measure, (...)
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  • Self-Control in Responsibility Enhancement and Criminal Rehabilitation.Polaris Koi, Susanne Uusitalo & Jarno Tuominen - 2018 - Criminal Law and Philosophy 12 (2):227-244.
    Ethicists have for the past 20 years debated the possibility of using neurointerventions to improve intelligence and even moral capacities, and thereby create a safer society. Contributing to a recent debate concerning neurointerventions in criminal rehabilitation, Nicole Vincent and Elizabeth Shaw have separately discussed the possibility of responsibility enhancement. In their ethical analyses, enhancing a convict’s capacity responsibility may be permissible. Both Vincent and Shaw consider self-control to be one of the constituent mental capacities of capacity responsibility. In this paper, (...)
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  • Neuroenhancement, the Criminal Justice System, and the Problem of Alienation.Jukka Varelius - 2020 - Neuroethics 13 (3):325-335.
    It has been suggested that neuroenhancements could be used to improve the abilities of criminal justice authorities. Judges could be made more able to make adequately informed and unbiased decisions, for example. Yet, while such a prospect appears appealing, the views of neuroenhanced criminal justice authorities could also be alien to the unenhanced public. This could compromise the legitimacy and functioning of the criminal justice system. In this article, I assess possible solutions to this problem. I maintain that none of (...)
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  • Neuroenhancement, the Criminal Justice System, and the Problem of Alienation.Jukka Varelius - 2020 - Neuroethics 13 (3):325-335.
    It has been suggested that neuroenhancements could be used to improve the abilities of criminal justice authorities. Judges could be made more able to make adequately informed and unbiased decisions, for example. Yet, while such a prospect appears appealing, the views of neuroenhanced criminal justice authorities could also be alien to the unenhanced public. This could compromise the legitimacy and functioning of the criminal justice system. In this article, I assess possible solutions to this problem. I maintain that none of (...)
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