El objeto de este análisis es examinar —naturalmente, de un modo introductorio— cuál puede ser la repercusión de los eventuales avances en los objetivos transhumanistas en el terreno de la responsabilidad criminal. A mi juicio, el análisis de las posibles consecuencias del transhumanismo en el dominio del Derecho penal afecta a dos ámbitos distintos: (i) en primer lugar, puede incidir en los factores que, hoy en día, vertebran la imputación de responsabilidad penal; (ii) por otro lado, es preciso abordar la (...) repercusión que el transhumanismo podría tener ya no en el juicio de imputación de responsabilidad penal, sino en la determinación de las consecuencias asignadas a los responsables penales y en su proceso de ejecución. Como más adelante se verá, esta reflexión arroja hoy en día más preguntas que respuestas. (shrink)

This volume collects selected papers delivered at the 15th Conference of the International Society for Utilitarian Studies, which was held at Karlsruhe Institute of Technology in July 2018. It includes papers dealing with the past, present, and future of utilitarianism – the theory that human happiness is the fundamental moral value – as well as on its applications to animal ethics, population ethics, and the future of humanity, among other topics.

As neuroscience progresses, we will not only gain a better understanding of how our brains work, but also a better understanding of how to modify them, and as a result, our mental states. An important question we are faced with is whether the state could be justified in implementing such methods on criminal offenders, without their consent, for the purposes of rehabilitation and reduction of recidivism; a practice that is already legal in some jurisdictions. By focusing on a prominent type (...) of view of free action, which I call bypassing views, this paper evaluates how such interventions may negatively impact the freedom of their subjects. The paper concludes that there will be a tension between the goals of rehabilitation and reduction of recidivism, on the one hand, and the negative impact such interventions may have on free action, on the other. Other things equal, the better that a particular intervention is at achieving the former, the more likely it is to result in the latter. (shrink)

Some have claimed that moral bioenhancement undermines freedom and authenticity – thereby making moral bioenhancement problematic or undesirable – whereas others have said that moral bioenhancement does not undermine freedom and authenticity – thereby salvaging its ethical permissibility. These debates are characterized by a couple of features. First, a positive relationship is assumed to hold between these agency-related concepts and the ethical permissibility of moral bioenhancement. Second, these debates are centered around individualistic conceptions of agency, like free choice and authenticity, (...) which hail from an atomistic tradition of autonomy. My view is that emphasizing individualistic conceptions of autonomy do not provide particularly strong foundations on which to argue about the issue of the permissibility of moral bioenhancement. This is because individualistic autonomy is not the kind of agency-related consideration we ought to value. Instead, I propose that we investigate the relationship between moral bioenhancement and a more relational kind of autonomy. Focusing on this latter relationship, on my view, clarifies the potential for moral bioenhancement to support or enhance people’s autonomy. (shrink)

Some skeptics question the very possibility of moral bioenhancement by arguing that if we lack a widely acceptable notion of morality, we will not be able to accept the use of a biotechnological technique as a tool for moral bioenhancement. I will examine this skepticism and argue that the assessment of moral bioenhancement does not require such a notion of morality. In particular, I will demonstrate that this skepticism can be neutralized in the case of recent neurofeedback techniques. This goal (...) will be accomplished in four steps. First, I will draw an outline of the skepticism against the possibility of moral bioenhancement and point out that a long-lasting dispute among moral philosophers nourishes this skepticism. Second, I will survey recent neurofeedback techniques and outline their three features: the variety of the target human faculties, such as emotion, cognition, and behavior; the flexibility or personalizability of the target brain state; and the nonclinical application of neurofeedback techniques. Third, I will argue that, by virtue of these three unique features, neurofeedback techniques can be a tool for moral bioenhancement without adopting any specific notion of morality. Fourth, I will examine the advantages and threats that neurofeedback-based moral enhancement may have. Finally, I will conclude that neurofeedback-based moral enhancement can become a new and promising tool for moral bioenhancement and requires further ethical investigations on its unique features. (shrink)

A common objection to moral enhancement is that it would undermine our moral freedom and that this is a bad thing because moral freedom is a great good. Michael Hauskeller has defended this view on a couple of occasions using an arresting thought experiment called the 'Little Alex' problem. In this paper, I reconstruct the argument Hauskeller derives from this thought experiment and subject it to critical scrutiny. I claim that the argument ultimately fails because (a) it assumes that moral (...) freedom is an intrinsic good when, in fact, it is more likely to be an axiological catalyst; and (b) there are reasons to think that moral enhancement does not undermine moral freedom. (shrink)

In their recent bookUnfit for the Future, Persson and Savulescu make a heartfelt plea for the increasing necessity of “moral enhancement”, interventions that improve human capacities for moral behaviour.3They argue that, with all the technological advances of the 20thand 21stcenturies, the sheer scope of horror that humans can now potentially wreak on their neighbours or the world is staggering. Hence, we are morally obliged to use interventions at our disposal to prevent such atrocities. However, as we learn more about human (...) behaviour and decision-making, the argument that we are morally obligated to morally enhance our friends, neighbours, or countrymen starts to fall apart. For us to be more moral requires more than sharpening our reasoning capacities so that we can more effectively recognise what is better or increasing personal motivation so that we are more likely to do what is good. It requires that we all agree on what the good is and how to achieve it, and that there are no social, cultural, physical, or psychological impediments that prevent us from recognising the good or acting on it. To illustrate my position, I use the phenomenon of self-radicalised terrorists as a case study. In particular, I focus on how historians, psychologists, sociologists, criminologists, and political scientists understand the process of self-radicalisation, who self-radicalises, and why, and what all this tells us about it should be “treated”. Part of my purpose in working my way through this case study is to demonstrate that many philosophers misunderstand or over-simplify the science behind so-called immoral actions; consequently, their discussions of whether to enhance someone's morality miss their mark. (shrink)

One approach to defining enhancement is in the form of bodily or mental changes that tend to improve a person’s well-being. Such a “welfarist account”, however, seems to conflict with moral enhancement: consider an intervention that improves someone’s moral motives but which ultimately diminishes their well-being. According to the welfarist account, this would not be an instance of enhancement—in fact, as I argue, it would count as a disability. This seems to pose a serious limitation for the account. Here, I (...) elaborate on this limitation and argue that, despite it, there is a crucial role for such a welfarist account to play in our practical deliberations about moral enhancement. I do this by exploring four scenarios where a person’s motives are improved at the cost of their well-being. A framework emerges from these scenarios which can clarify disagreements about moral enhancement and help sharpen arguments for and against it. (shrink)

In this chapter, we introduce the notion of “moral neuroenhancement,” offering a novel definition as well as spelling out three conditions under which we expect that such neuroenhancement would be most likely to be permissible (or even desirable). Furthermore, we draw a distinction between first-order moral capacities, which we suggest are less promising targets for neurointervention, and second-order moral capacities, which we suggest are more promising. We conclude by discussing concerns that moral neuroenhancement might restrict freedom or otherwise “misfire,” and (...) argue that these concerns are not as damning as they may seem at first. (shrink)

The debate over moral bioenhancement has incrementally intensified since 2008, when Persson and Savulescu, and Douglas wrote two separate articles on the reasons why enhancing human moral capabilities and sensitivity through technological means was ethically desirable. In this article, we offer a critique of how Persson and Savulescu theorize about the possibility of moral bioenhancement, including the problem of weakness of will, which they see as a motivational challenge. First, we offer a working definition of moral bioenhancement and underscore some (...) of the challenges in determining whether moral bioenhancement, as conceptualized by Persson and Savulescu, falls into the category of enhancement or constitutes a type of therapeutic intervention. Second, we provide a critical analysis of the way Persson and Savulescu pathologize human behavior in relation to what they see as the main threat to the survival of the human species: weak moral motivation. Next, we critique the claim that the use of genetic manipulation and drug treatment will increase moral motivation. We argue that Persson and Savulescu mischaracterize the nature of human moral psychology because moral motivation includes affective and cognitive dimensions. The type of interventions they envision focus almost exclusively on the former. In the final two sections, we outline three main criticisms of moral bioenhancement and offer a more robust account of moral psychology and moral development than what Persson and Savulescu recommend, through the lens of Aristotle’s work on virtue ethics. Ultimately, we argue that what Persson and Savulescu, and Douglas consider as moral bioenhancement is a misnomer because they do not fully account for the complexity of moral agency. (shrink)

In his reply to our response to his book How to be Good, John Harris accuses us of saying ‘two mutually contradictory things’ when in fact we talk about two different things. In this short response, we distinguish between moral enhancement and interventions which promote moral behaviour but undermine freedom. We argue that moral enhancement does not necessarily undermine freedom. Interventions, such as the God Machine, which do undermine freedom are not moral enhancements as we conceive of them. But they (...) might nonetheless be justified because freedom must be balanced against other values, such as well-being. (shrink)

In the debate over moral bioenhancement, some object that biochemical, genetic, and neurological interventions aiming at enhancing moral agency threaten the autonomy of persons, as they compromise moral deliberation and motivation. Opponents of this view argue that such interventions may actually enhance autonomy itself, thereby increasing a person's capacity for moral agency. My aim is to explore the various senses of autonomy commonly appealed to in such controversies and to expose their limitations in resolving the central disputed issues. I propose (...) that a Kantian conception of autonomy is more effective in addressing these issues, as it specifies the key features that inform an intelligible account of moral worth and moral law. A consideration of these features is typically lacking in the arguments advanced by contenders in these debates. Guided by a Kantian framework, I argue that moral bioenhancement projects directed at affecting moral autonomy are not as promising as they appear, for both metaphysical and empirical reasons. (shrink)

Volume 19, Issue 7, July 2019, Page 49-50.