Neuroscientists have located brain activity that prepares or encodes action plans before agents are aware of intending to act. On the basis of these findings and broader agency research, activity in these regions has been proposed as the neural realizers of practical intention. My aim in this paper is to evaluate the case for taking these neural states to be neural representations of intention. I draw on work in philosophy of action on the role and nature of practical intentions to (...) construct a framework of the functional profile of intentions fit for empirical investigation. With this framework, I turn to the broader empirical neuroscience literature on agency to assess these proposed neural representations of intention. I argue that while these neural states in some respects satisfy the functions of intention in planning agency prospective of action, their fit with the role of intention in action execution is not well supported. I close by offering a sketch of which experimental task features could aid in the search for the neural realizer of intention in action. (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)

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)

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)