Several authors have speculated that (1) the pharmaceutical, genetic or other technological enhancement of human mental capacities could result in the creation of beings with greater moral status than persons, and (2) the creation of such beings would harm ordinary, unenhanced humans, perhaps by reducing their immunity to permissible harm. These claims have been taken to ground moral objections to the unrestrained pursuit of human enhancement. In recent work, Allen Buchanan responds to these objections by questioning both (1) and (2). (...) I argue that Buchanan’s response fails. However, I then outline an alternative response. This response starts from the thought that, though moral status-increasing human enhancements might render ordinary, unenhanced humans less immune to permissible harm, they need not worsen the overall distribution of this immunity across beings. In the course of the argument I explore the relation between mental capacity and moral status and between moral status and immunity to permissible harm. (shrink)

Contemporary brain reading technologies promise to provide the possibility to decode and interpret mental states and processes. Brain reading could have numerous societally relevant implications. In particular, the private character of mind might be affected, generating ethical and legal concerns. This paper aims at equipping ethicists and policy makers with conceptual tools to support an evaluation of the potential applicability and the implications of current and near future brain reading technology. We start with clarifying the concepts of mind reading and (...) brain reading, and the different kinds of mental states that could in principle be read. Subsequently, we devise an evaluative framework that is composed of five criteria-accuracy, reliability, informativity, concealability and enforceability-aimed at enabling a clearer estimation of the degree to which brain reading might be realistically deployed in contexts where mental privacy could be at stake. While accuracy and reliability capture how well a certain method can access mental content, informativity indicates the relevance the obtainable data have for practical purposes. Concealability and enforceability are particularly important for the evaluation of concerns about potential violations of mental privacy and civil rights. The former concerns the degree with which a brain reading method can be concealed from an individual’s perception or awareness. The latter regards the extent to which a method can be used against somebody’s will. With the help of these criteria, stakeholders can orient themselves in the rapidly developing field of brain reading. (shrink)

Seen as contributing to human enhancement, implanted technologies have recently been receiving a lot of attention. However, reflections on these technologies have taken the shape of rather speculative ethical judgments on “hyped” technological devices. On the other hand, while science and technology studies and philosophy of technology have a long tradition of analyzing how technological artifacts and tools transform and configure our lives, they tend to focus on use configurations rather than the intimate relations brought about by implanted technologies. Even (...) the cyborg has lost some of its hermeneutic power as it has been detached from its material grounds, becoming a discursive entity. In this article, I reclaim the importance of materiality and explore how people live with spinal cord stimulation, which is a type of neuromodulation technology. Implanted in bodies and seemingly out of sight, this technology does not cease to matter. Embodiment and incorporation are crucial for people to live well with SCS. Embodying the neuromodulation technology entails groping processes in which gestures are central and an increased intimacy with one’s bodily materiality. Incorporating it is highly relational and entangled with the bodies of loved and distant ones, humans and nonhumans. (shrink)

Why should we become posthuman? There is only one morally compelling answer to this question: because posthumanity will be a more beneficial state, better than present humanity. This is the Posthuman Beneficence Argument, the centerpiece of the liberal transhumanist defense of “directed evolution.” In this article, I examine PBA and find it deficient on a number of lethal counts. My argument focuses on the writings of transhumanist philosopher Nick Bostrom, who has developed the most articulate defense of PBA and disclosed (...) its metaethical framework. I begin by locating PBA in the context of wider transhumanist claims for the desirability of posthumanity. I identify two crucial components: a model of deliberative rationality, requiring reasons to endorse claims; and the reasons themselves. I examine these two conditions, in turn, specifying the claims that they ask us to accept. Following Bostrom, I argue that there is a need for a foundationalist approach that assures us of some universality in the process of valuation. This is required to appropriately ground the moral continuity and appeal to universality that PBA demands. I examine the reasons why this approach ultimately fails, leaving posthumanity as an unintelligible concept with no moral force. I conclude by identifying a more mature approach to the debate on human enhancement, one that forfeits the grandiose but baseless claims too often found in transhumanist defenses of directed evolution. In short, posthumanity may be a good science fiction trope, but it has no normative force in the moral philosophy of human enhancement. (shrink)

The neurosciences not only challenge assumptions about the mind’s place in the natural world but also urge us to reconsider its role in the normative world. Based on mind-brain dualism, the law affords only one-sided protection: it systematically protects bodies and brains, but only fragmentarily minds and mental states. The fundamental question, in what ways people may legitimately change mental states of others, is largely unexplored in legal thinking. With novel technologies to both intervene into minds and detect mental activity, (...) the law should, we suggest, introduce stand alone protection for the inner sphere of persons. We shall address some metaphysical questions concerning physical and mental harm and demonstrate gaps in current doctrines, especially in regard to manipulative interferences with decision-making processes. We then outline some reasons for the law to recognize a human right to mental liberty and propose elements of a novel criminal offence proscribing severe interventions into other minds. (shrink)

This issue of Criminal Law and Philosophy contains three papers on a topic of increasing importance within the field of "neurolaw"-namely, the implications for criminal law of direct brain intervention based mind altering techniques. To locate these papers' topic within a broader context, I begin with an overview of some prominent topics in the field of neurolaw, where possible providing some references to relevant literature. The specific questions asked by the three authors, as well as their answers and central claims, (...) are then sketched out, and I end with a brief comment to explain why this particular topic can be expected to gain more prominence in coming years. (shrink)

(draft) In this chapter, I examine the most significant ethical questions surrounding memory, both at the collective and individual levels, as discussed in the literature. I begin by exploring the values associated with memory, including truth, accuracy, integrity, and broader social and political dimensions. I then address the concept of a duty to remember, particularly in the context of genocide and other human atrocities, and the complex questions this concept raises. Following this, I analyze the ethical challenges posed by forgetting, (...) focusing on its collective implications for forgiveness and its individual dimensions, such as the responsibility for forgetting and the right to be forgotten. After briefly discussing memory virtues—a topic that remains underexplored in the literature—I explore the ethical considerations surrounding the wishes of individuals with severe memory loss, such as those with dementia. Finally, I summarize ethical debates related to current and hypothetical cases of memory modification, erasure, and enhancement, highlighting their potential impacts on personal identity, agency, authenticity, moral responsibility, testimony, and their overall desirability. (shrink)

This article discusses some rather formal characteristics of possible obligations to enhance. Obligations to enhance can exist in the absence of good moral reasons. If obligation and duty however are considered as synonyms, the enhancement involved must be morally desirable in some respect. Since enhancers and enhanced can, but need not coincide, advertency is appropriate regarding the question who exactly is addressed by an obligation or a duty to enhance: the person on whom the enhancing treatment is performed, or the (...) controller or the operator of the enhancement. Especially, the position of the operator is easily overlooked. The exact functionality of the specific enhancement, is all-important, not only for the acceptability of a specific form of enhancement, but also for its chances of success for becoming a duty or morally obligatory. Finally and most importantly, however, since obligations can exist without good moral reasons, there can be obligations to enhance that are not morally right, let alone desirable. (shrink)

Memory Detection Tests (MDTs) are a general class of psychophysiological tests that can be used to determine whether someone remembers a particular fact or datum. The P300 MDT is a type of MDT that relies on a presumed correlation between the presence of a detectable neural signal (the P300 “brainwave”) in a test subject, and the recognition of those facts in the subject’s mind. As such, the P300 MDT belongs to a class of brain-based forensic technologies which have proved popular (...) and controversial in recent years. With such tests increasingly being proffered for use in the courtroom — to either support or call into question testimony — it would behoove the legal system to have some systematic framework for ensuring that they are used responsibly. In this paper, I defend one such framework for ensuring that this is the case: the legitimacy enhancing test. According to this test, it is appropriate to make use of technologies such as the P300 MDT whenever doing so would (probably) enhance the legitimacy of the trial. I argue that this test addresses tensions between scientific and legal norms of evidence, and exhibits a number of additional virtues including unification, simplicity and flexibility. Although the test is defended by considering the example of the P300 MDT, its significance is much broader than that. If it has the virtues I claim for it, it should provide a general framework for the responsible use of technologies, and the responsible innovation of social epistemic systems. (shrink)

Memory modification technology (MMT) refers to the use of neurotechnologies to intervene in memories. Many scholars have reflected on the ethical issues in MMT, but a comprehensive review of this topic has not been seen. This article presents the first scoping review study of ethical issues in MMT using a bibliometric and systematic approach. After thorough examination, 133 records of key literature are included in this scoping review. Six core ethical themes are extracted: (1) self, identity, and authenticity; (2) autonomy (...) and informed consent; (3) welfare and happiness; (4) safety and risks; (5) responsibility and obligation; (6) social and legal justice. More detailed analyses are conducted on the moral stances and reasons held by different scholars concerning these ethical themes. As can be seen, current debates exhibit certain shortcomings, including ambiguous ethical concepts and a restricted scope of analysis. Therefore, we call for deeper reflections on the philosophical foundations, more precise definitions of ethical terms, and more comprehensive examinations of neurotechnological applications, in order to better address the ethical challenges in the future. (shrink)

In this chapter, I propose the mechanism of cognitive enhancement based on studies of cognitive-enhancing drugs and behavioral training. I argue that there are mechanistic differences between cognitive-enhancing drugs and behavioral training due to their different enhancing effects. I also suggest possible mechanisms for cognitive-enhancing drugs and behavioral training and for the synergistic effects of their simultaneous application.