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Neuroscience and legal responsibility

Oxford University Press, (2013)

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  1. The Return of Lombroso? Ethical Aspects of Preventive Forensic Screening.Christian Munthe & Susanna Radovic - 2015 - Public Health Ethics 8 (3):270-283.
    The vision of legendary criminologist Cesare Lombroso to use scientific theories of individual causes of crime as a basis for screening and prevention programmes targeting individuals at risk for future criminal behaviour has resurfaced, following advances in genetics, neuroscience and psychiatric epidemiology. This article analyses this idea and maps its ethical implications from a public health ethical standpoint. Twenty-seven variants of the new Lombrosian vision of forensic screening and prevention are distinguished, and some scientific and technical limitations are noted. Some (...)
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  • Brain Privacy and the Case of Cannibal Cop.Mark Tunick - 2017 - Res Publica 23 (2):179-196.
    In light of technology that may reveal the content of a person’s innermost thoughts, I address the question of whether there is a right to ‘brain privacy’—a right not to have one’s inner thoughts revealed to others–even if exposing these thoughts might be beneficial to society. I draw on a conception of privacy as the ability to control who has access to information about oneself and to an account that connects one’s interest in privacy to one’s interests in autonomy and (...)
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  • Punishing Adolescents—On Immaturity and Diminished Responsibility.Jesper Ryberg - 2014 - Neuroethics 7 (3):327-336.
    Should an adolescent offender be punished more leniently than an adult offender? Many theorists believe the answer to be in the affirmative. According to the diminished culpability model, adolescents are less mature than adults and, therefore, less responsible for their wrongdoings and should consequently be punished less harshly. This article concerns the first part of the model: the relation between immaturity and diminished responsibility. It is argued that this relation faces three normative challenges which do not allow for easy answers (...)
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  • Neurolaw: Neuroscience, Ethics, and Law. Review Essay.Gerben Meynen - 2014 - Ethical Theory and Moral Practice 17 (4):819-829.
    Neurolaw is a new, rapidly developing area of interdisciplinary research on the meaning and implications of neuroscience for the law and legal practices. In this article three recently published volumes in this field will be reviewed.
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  • Responsible Research and Innovation and the Governance of Human Enhancement.Guido Gorgoni - 2018 - NanoEthics 12 (3):257-267.
    This article aims to explore the debate on human enhancement from the perspective of the evolutions of responsibility paradigms, and in particular from the perspective of the so-called Responsible Research and Innovation approach. The aim is not to explore the arguments pro or contra the ethical legitimacy and/or technical feasibility of human enhancement, but rather exploring if, and how, the RRI perspective can shape the debate on human enhancement.In particular, the human enhancement debate will be read through the lenses of (...)
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  • Group-to-individual (G2i) inferences: challenges in modeling how the U.S. court system uses brain data.Valerie Gray Hardcastle - 2020 - Artificial Intelligence and Law 28 (1):51-68.
    Regardless of formalization used, one on-going challenge for AI systems that model legal proceedings is accounting for contextual issues, particularly where judicial decisions are made in criminal cases. The law assumes a rational approach to rule application in deciding a defendant’s guilt; however, judges and juries can behave irrationally. What should a model prize: efficiency, accuracy, or fairness? Exactly whether and how to incorporate the psychology of courtroom interactions into formal models or expert systems has only just begun to be (...)
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