Scientific developments take place in a socio-political context but scientists often ignore the ways their innovations will be both interpreted by the media and used by policy makers. In the rush to neuroscientific discovery important questions are overlooked, such as the ways: (1) the brain, environment and behavior are related; (2) biological changes are mediated by social organization; (3) institutional bias in the application of technical procedures ignores race, class and gender dimensions of society; (4) knowledge is used to the (...) advantage of the powerful; and (5) its applications may reinforce existing structures of power that pose ethical questions about distributive justice. The case of crime, deception and functional Magnetic Resonance Imaging (fMRI) shows the complexity, and the political and ethical challenges that confront those who seek to use neuroscience to explain the etiology of crime, and who base policy on its findings. An ethically grounded neuroscience needs to take account of existing structures of power and difference, and to develop a public neuropolitical consciousness that ensures that those subject to risk by the application of science and technology are participants in the decision-making processes involving the implementation of policies that affect them. (shrink)

I will argue that the fairly common assumption that brain imaging may compromise people’s privacy in an undesirable way only if moral crimes are committed is false. Sometimes persons’ privacy is compromised because of failures of privacy. A normal emotional reaction to failures of privacy is embarrassment and shame, not moral resentment like in the cases of violations of right to privacy. I will claim that if (1) neuroimaging will provide all kinds of information about persons’ inner life and not (...) only information that is intentionally searched for, and (2) there will be more and more application fields of fMRI and more and more people whose brains will be scanned (without any coercion), then, in the future, shame may be an unfortunately common feeling in our culture. This is because failures of privacy may dramatically increase. A person may feel shame strongly and long, especially if his failure is witnessed by people who he considers relatively important, but less than perfectly trustworthy. (shrink)

In this article, we critically examine some of the ethical challenges and interpretive difficulties with possible future non-clinical applications of pediatric fMRI with a particular focus on applications in the classroom and the courtroom - two domains in which children come directly in contact with the state. We begin with a general overview of anticipated clinical and non-clinical applications of pediatric fMRI. This is followed by a detailed analysis of a range of ethical challenges and interpretive difficulties that trouble the (...) use of fMRI and are likely to be especially acute with non-clinical uses of the technology. We conclude that knowledge of these challenges and difficulties should influence policy decisions regarding the non-clinical uses of fMRI. Our aim is to encourage the development of future policies prescribing the responsible use of this neuroimaging technology as it develops both within and outside the clinical setting. (shrink)

In this paper, I argue that companies who use functional Magnetic Resonance Imaging (fMRI) scans for lie detection encounter the same basic ethical stumbling blocks as commercial companies that market traditional polygraphs. Markets in traditional voluntary polygraphs are common and fail to elicit much uproar among ethicists. Thus, for consistency, if markets in polygraphs are ethically unproblematic, markets using fMRIs for lie detection are equally as acceptable. Furthermore, while I acknowledge two substantial differences between the ethical concerns involving polygraphs and (...) fMRI lie detection, I argue that these concerns can be overcome and do not lead to the conclusion that markets in fMRI lie detection are ethically dubious. It is my conclusion that voluntary markets in fMRI lie detection can be justified by consumer autonomy and should be allowed to persist. (shrink)

The human body was made legible long ago. But what of the human mind? Is it possible to ‘read’ the mind, for one human being to know what another is thinking or feeling, their beliefs and intentions. And if I can read your mind, how about others – could our authorities, in the criminal justice system or the security services? Some developments in contemporary neuroscience suggest the answer to this question is ‘yes’. While philosophers continue to debate the mind-brain problem, (...) a range of novel technologies of brain imaging have been used to argue that specific mental states, and even specific thoughts, can be identified by characteristic patterns of brain activation; this has led some to propose their use in practices ranging from lie detection and security screening to the assessment of brain activity in persons in persistent vegetative states. This article reviews the history of these developments, sketches their scientific and technical bases, considers some of the epistemological and ontological mutations involved, explores the ecological niches where they have found a hospitable environment, and considers some implications of this materialization of the readable, knowable, transparent mind. (shrink)

Medical imaging has provided insight into the living body that were not possible beforehand. With these methods a revolution in medical diagnosis and biomedical research has begun. Problematic aspects on the other hand are arising from the highly constructive properties of image production, which use complicated physical and physiological effects. Images are established via highly complicated combinations of technology and contingently chosen mathematical and algorithmic solutions. In addition, image construction follows properties of the human visual and cognitive system to allow (...) for the discrimination of the desired categories. It is no wonder that the visualizations referring to the body also show effects which have no physiological correlation within the body. Still such images are often used as if they were one-to-one correlates of the body. This has impacts, e.g. for their use as standardizing instances, resulting in new definitions of the normed healthy body, sickness or pathologies, maleness and femaleness and in determinisms as opposed to the brain's plasticity and variability, both in time and space, inter- as well as intra-individually. (shrink)

This article provides a conceptual and normative framework through which we may understand the potentially ethically significant roles that information generated by neurotechnologies about our brains and minds may play in our construction of our identities. Neuroethics debates currently focus disproportionately on the ways that third parties may (ab)use these kinds of information. These debates occlude interests we may have in whether and how we ourselves encounter information about our own brains and minds. This gap is not yet adequately addressed (...) by most allusions in the literature to potential identity impacts. These lack the requisite conceptual or normative foundations to explain why we should be concerned about such effects or how they might be addressed. This article seeks to fill this gap by presenting a normative account of identity as constituted by embodied self-narratives. It proposes that information generated by neurotechnologies can play significant content-supplying and interpretive roles in our construction of our self-narratives. It argues, to the extent that these roles support and detract from the coherence and inhabitability of these narratives, access to information about our brains and minds engages non-trivial identity-related interests. These claims are illustrated using examples drawn from empirical literature reporting reactions to information generated by implantable predictive BCIs and psychiatric neuroimaging. The article concludes by highlighting ways in which information generated by neurotechnologies might be governed so as to protect information subjects’ interests in developing and inhabiting their own identities. (shrink)

This paper examines interwoven ethical and epistemological issues raised by attempts to promote responsive childcare practices based on neuroscience evidence on the developmental effects of early stress. The first section presents this “neuroscience argument for responsive early childcare”. The second section introduces some evidential challenges posed by the use of evidence from developmental neuroscience as grounds for parental practice recommendations and then advances a set of observations about the limitations of the evidence typically cited. Section three highlights the ethical implications (...) of the neuroscience argument for responsive early childcare. It argues that the neuroscience argument, first, fuels unwarranted parental anxiety by unduly raising the stakes of families’ early childcare choices and, second, threatens public confidence in developmental science’s potential to inform childcare practices and policy that enhance children’s health and well being. (shrink)

This paper draws attention to the tendency of a range of technologies to reduce pedagogical interactions to a series of datafied transactions of information. This is problematic because such transactions are always by definition reducible to finite possibilities. As the ability to gather and analyse data becomes increasingly fine-grained, the threat that these datafied approaches over-determine the pedagogical space increases. Drawing on the work of Hegel, as interpreted by twentieth century French radical philosopher Alexandre Kojève, this paper develops a model (...) of relational pedagogy which highlights three points of incompatibility with a datafied learning environment reduced to finite measures. Firstly: Kojève’s accont of authority in Hegel posits two aspects to the mimetic relation between teacher and student: recognition and realisation, which belong to the ipseity or about-self-ness of the subject, and are incompatible with a general definition of data. Secondly, the Hegelian approach to human historical time, in particular the assertion that time and desire are begun in the future, not the past, renders it incompatible with mathematical time as used in data processing. Finally, from these it is possible to derive a distinctive notion of the work of pedagogy, grounded in Kojève’s realist reading of Hegel, irreducible to information processing. In consequence of this threefold irreducibility, the paper draws attention to a need for relations of human pedagogical work to be inherent in the design of educational technologies and highlights the dangers of presuming a machine intelligence model in the design of learning environments. (shrink)

This article argues that a new diagram is emerging in the criminal justice system as it encounters developments in the neurosciences. This does not take the form that concerns many ‘neuroethicists’ — it does not entail a challenge to doctrines of free will and the notion of the autonomous legal subject — but is developing around the themes of susceptibility, risk, pre-emption and precaution. I term this diagram ‘screen and intervene’ and in this article I attempt to trace out this (...) new configuration and consider some of the consequences. (shrink)

It has often been argued that one of the reasons why we should value privacy is that it enables self-presentation and impression management. According to this approach, it is valuable to be able to govern the impression one gives, as the capacity to govern impressions is an instrument by which people take care of their various social relationships. In this paper I will take a closer look at that approach on privacy, with specific reference to the alleged threats to privacy (...) created by brain imaging technologies. I will argue that brain imaging can threaten our capacity for self-presentation, but that the link between privacy and self-presentation is only contingent, although their relation is strong. The conclusion is that brain privacy cannot be grounded only on the importance of self-presentation, although self-presentation provides an important reason for respecting the privacy of our inner lives. (shrink)

As Colin Allen has argued, discussions between science and ethics about the mentality and moral status of nonhuman animals often stall on account of the fact that the properties that ethics presents as evidence of animal mentality and moral status, namely consciousness and sentience, are not observable “scientifically respectable” properties. In order to further discussion between science and ethics, it seems, therefore, that we need to identify properties that would satisfy both domains.In this article I examine the mentality and moral (...) status of nonhuman animals from the perspective of neuroethics. By adopting this perspective, we can see how advances in neuroimaging regarding research into the neurobiology of pain, “brain reading,” and the minimally conscious state may enable us to identify properties that help bridge the gap between science and ethics, and hence help further the debate about the mentality and moral status of nonhuman animals. (shrink)

On a reproché au modèle perceptuel de la connaissance morale d'être inadéquat en ce qu'il serait incapable d'expliquer le signe distinctif et fondamental de l'éthique, à savoir son caractère normatif. Je tente de montrer que la critique n'est pas pertinente, car le normatif n'a en réalité qu'une place dérivée en morale : l'éthique est d'abord une question de valeurs, entités dont il est tout à fait plausible de dire que nous les percevons. Pour justifier la place dérivée du normatif, je (...) m'appuie sur les études de Max Scheler et sur l'examen de certains traits de la psychologie morale, qui tendent à montrer que le normatif n'est qu'un cas particulier de l'axiologique, mettant en évidence les caractères de force des valeurs, de risques de transgression et de contrainte.The perceptual model of moral knowledge has been the target of criticisms: it could be unable to explain the basic character of ethics, namely its normative character. I try to show that this criticism is misguided: in fact normativity is not central but lateral to ethics. What matters in ethics first and foremost are values, and it is quite appropriate to say we perceive values. To justify the lateral character of normativity, I rely on some analysis of Max Scheler and turn to some traits of moral psychology. It suggests that the normativity is a province of the axiological, characterized by strength of values, risks of transgression and constraint. (shrink)

Of the many futuristic prospects offered by neuroscience, one of the more controversial is ‘brain reading’: the use of functional neuroimaging to gain information about subjects’ mental states or thoughts. This technology has various possible applications, including ‘neuromarketing’ and lie detection. Would such applications violate subjects’ privacy rights? Conversely, if God knows and judges all our secret thoughts, do Christians have any stake in defending a right to mental privacy? This article argues that God’s knowledge of us is different not (...) only in degree but in kind from the knowledge sought through brain reading. This view of divine knowledge supports a theological account of privacy, richer and broader in scope than standard accounts of privacy rights, which can aid the ethical analysis of the use of brain reading technology for purposes such as marketing and lie detection. (shrink)

Our technologies have enabled us to change both the world and our perceptions of the world, as well as to change ourselves and to find new ways to fulfil the human desire for improvement and for having new capacities. The debate around using technology for human enhancement has already raised many ethical concerns, however little research has been done in how human enhancement can affect human communication. The purpose of this paper is to explore whether some human enhancements could change (...) our shared lifeworld so radically that human communication as we know it would not be possible any longer. After exploring the kinds of communication problems we are concerned with as well as mentioning some possible enhancement interventions that could bring about such problems, we will address some of the ethical implications that follow from these potential communication problems. We argue that because of the role that communication plays in human society, this issue deserves attention. (shrink)

The new field of neuroethics has recently emerged following unprecedented developments in the neurosciences. Neuroimaging and cognitive enhancement in particular are demanding ethical debate. For example, neuroscientists are able to measure, with increasing accuracy, intimate personal biases and thoughts as they occur in the brain. Smart drugs are now available that can effectively and safely enhance mental functioning in both healthy and clinical populations. This article describes the scientific principles behind these technologies, and urges the development of ethical principles based (...) on a clear understanding of them. Europe should take the United States’ lead in devoting resources specifically intended to examine neuroethical concerns within European healthcare and legal frameworks. (shrink)

The rise of learning analytics, the application of complex metrics developed to exploit the proliferation of ‘Big Data’ in educational work, raises important moral questions about the nature of what is measurable in education. Teachers, schools and nations are increasingly held to account based on metrics, exacerbating the tendency for fine-grained measurement of learning experiences. In this article, the origins of learning analytics ontology are explored, drawing upon core ideas in the philosophy of computing, such as the general definition of (...) information and the information-theoretic account of knowledge. Drawing upon a reading of Descartes Meditatio II, which extends the phenomenology of Jean-Luc Marion into a pedagogy of intentionality, the article identifies a fundamental incompatibility between the subjective experience of learning and the information-theoretic account of knowledge. Human subjects experience and value their own information incommensurably with the ways in which computers measure and quantify information. The consequences of this finding for the design of online learning environments, and the necessary limitations of learning analytics and measurement are explored. (shrink)