Since the 90’s, neurolaw is on the rise. At the heart of heated debates lies the recurrent theme of a neuro-revolution of criminal responsibility. However, caution should be observed: the alleged foundations of criminal responsibility (amongst which free will) are often inaccurate and the relative imperviousness of its real foundations to scientific facts often underestimated. Neuroscientific findings may impact on social institutions, but only insofar as they also engage in a political justification of the changes being called for, convince populations, (...) and take into consideration the ensuing consequences. Moreover, the many limits of neuroscientific tools call for increased vigilance when, if ever, using neuroscientific evidence in a courtroom. In this article, we aim at setting the basis for future sound debates on the contribution of neuroscience to criminal law, and in particular to the assessment of criminal responsibility. As such, we provide analytical tools to grasp the political and normative nature of criminal responsibility and review the current or projected use of neuroscience in the law, all the while bearing in mind the highly-publicized question: can neuroscience revolutionize criminal responsibility? Answering this question implicitly requires answering a second question: should neuroscience revolutionize the institution of criminal responsibility? Answering both, in turn, requires drawing the line between science and normativity, revolution and dialogue, fantasies and legitimate hopes. (shrink)

Here, I review work from three lines of research in cognitive science often taken to threaten free will and moral responsibility. This work concerns conscious deciding, the experience of acting, and the role of largely unnoticed situational influences on behavior. Whether this work in fact threatens free will and moral responsibility depends on how we ought to interpret it, and depends as well on the nature of free and responsible behavior. I discuss different ways this work has been interpreted and (...) argue that though work on conscious deciding and the experience of acting presents no real threat, work on situational influences is more difficult to dismiss. This work may present a real threat, and it may require us to revise our commonsense understanding of free and responsible behavior. But this work may also present ways to augment free and responsible behavior. Determining whether and how advancing science threatens, enhances, or simply describes free will is an ongoing task for scientists and philosophers alike. (shrink)

The mental realm seems different to the physical realm; the mental is thought to be dependent on, yet distinct from the physical. But how, exactly, are the two realms supposed to be different, and what, exactly, creates the seemingly insurmountable juxtaposition between the mental and the physical? This review identifies and discusses five marks of the mental, features that set characteristically mental phenomena apart from the characteristically physical phenomena. These five marks (intentionality, consciousness, free will, teleology, and normativity) are not (...) presented as a set of features that define mentality. Rather, each of them is something we seem to associate with phenomena we consider mental, and each of them seems to be in tension with the physical view of reality in its own particular way. It is thus suggested how there is no single mind-body problem, but a set of distinct but interconnected problems. Each of these separate problems is analyzed, and their differences, similarities and connections are identified. This provides a useful basis for future theoretical work on psychology and philosophy of mind, that until now has too often suffered from unclarities, inadequacies, and conflations. (shrink)

Epiphenomenalism is the thesis that though physical events may cause mental events, those mental events never cause physical events. In this paper, I will be concerned with the claim that our thoughts, intentions, and awareness play no causal role in producing actions. Though epiphenomenalism has been defended with a priori philosophical arguments, the majority of the support that it has gained in recent years has come from advances in neuroscience. At the center of these experiments is the Libet paradigm that (...) aims to show that our actions are initiated by unconscious brain processes prior to our awareness of the intention or decision to perform the corresponding actions. It has been widely suggested that these studies support the view that consciousness is epiphenomenal, and if Libet-style experiments support this conclusion, the results have direct implications for free will. I argue by way of a dilemma that any study that relies on reports of subjects’ awareness in its methodology cannot be used to support epiphenomenalism because the experimenters would have to rule out the possibility that consciousness plays a causal role in order to do so. (shrink)

Libet’s timing experiments have resulted in some strong and unsavoury claims about human agency. These range from the idea that conscious intentions are epiphenomenal to the idea that we all lack free will. In this paper, I propose a new type of response to the various sceptical conclusions about our agency occasioned by both Libet’s work and other experiments in this testing paradigm. Indeed, my argument extends to such conclusions drawn from fMRI-based prediction experiments. In what follows, I will provide (...) a brief description of these experiments, sketch arguments one may be tempted to draw on their basis, and argue that such arguments rely on a questionable premise: that experimental subjects have relevant proximal intentions. (shrink)