I have taken an experimental approach to this question. Freely voluntary acts are preceded by a specific electrical change in the brain that begins 550 ms before the act. Human subjects became aware of intention to act 350-400 ms after RP starts, but 200 ms. before the motor act. The volitional process is therefore initiated unconsciously. But the conscious function could still control the outcome; it can veto the act. Free will is therefore not excluded. These findings put constraints on (...) views of how free will may operate; it would not initiate a voluntary act but it could control performance of the act. The findings also affect views of guilt and responsibility. But the deeper question still remains: Are freely voluntary acts subject to macro-deterministic laws or can they appear without such constraints, non-determined by natural laws and ‘truly free'? I shall present an experimentalist view about these fundamental philosophical opposites. (shrink)

It is my view that one essential difference between persons and other creatures is to be found in the structure of a person's will. Besides wanting and choosing and being moved to do this or that, men may also want to have certain desires and motives. They are capable of wanting to be different, in their preferences and purposes, from what they are. Many animals appear to have the capacity for what I shall call "first-order desires" or "desires of the (...) first order," which are simply desires to do or not to do one thing or another. No animal other than man, however, appears to have the capacity for reflective self-evaluation that is manifested in the formation of second-order desires. (shrink)

Traditional means of crime prevention, such as incarceration and psychological rehabilitation, are frequently ineffective. This collection considers how crime preventing neurointerventions could present a more humane alternative but, on the other hand, how neuroscientific developments and interventions may threaten fundamental human values.

Crime-preventing neurointerventions (CPNs) are increasingly being used or advocated for crime prevention. There is increasing use of testosterone-lowering agents to prevent recidivism in sexual offenders, and strong political and scientific interest in developing pharmaceutical treatments for psychopathy and anti-social behaviour. Recent developments suggest that we may ultimately have at our disposal a range of drugs capable of suppressing violent aggression, and it is not difficult to imagine possible applications of such drugs in crime prevention. But should neurointerventions be used in (...) crime prevention, and may the state ever permissibly impose CPNs as part of the criminal justice process? It is widely thought that preventing recidivism is one of the aims of criminal justice, yet existing means of pursuing this aim are often poorly effective, restrictive of basic freedoms, and harmful. Incarceration, for example, tends to be disruptive of personal relationships and careers, detrimental to physical and mental health, highly restrictive of freedom of movement and association, and rarely more than modestly effective at preventing recidivism. Neurointerventions hold the promise of preventing recidivism in ways that are more effective and more humane, but the use of CPNs in criminal justice raises several ethical concerns. CPNs could be highly intrusive and may threaten fundamental human values, such as bodily integrity and freedom of thought, and humanity has a track record of misguided, harmful, and unwarrantedly coercive use of neurotechnological ‘solutions’ to criminality. This collection brings together original contributions from emerging scholars and internationally renowned moral and political philosophers to address these issues. (shrink)

Our concept of choice is integral to the way we understand others and ourselves, especially when considering ourselves as free and responsible agents. Despite the importance of this concept, there has been little empirical work on it. In this paper we report four experiments that provide evidence for two concepts of choice—namely, a concept of choice that is operative in the phrase having a choice and another that is operative in the phrase making a choice. The experiments indicate that the (...) two concepts of choice can be differentiated from each other on the basis of the kind of alternatives to which each is sensitive. The results indicate that the folk concept of choice is more nuanced than has been assumed. This new, empirically informed understanding of the folk concept of choice has important implications for debates concerning free will, responsibility, and other debates spanning psychology and philosophy. -/- Specifically, 'having a choice' appears to require genuinely open alternatives, or alternative possibilities that are actually realizable, while 'making a choice' appears to only require psychological open alternatives, or the ability to consider alternatives independent of whether these alternatives are actually realizable. We argue that these findings are relevant to the free will debate because choice is central to the folk concept of free will and many philosophical analysis of free will. The kinds of alternatives required for having a choice appear to be incompatibilist in nature, while the kinds of alternatives required for making a choice appear to be compatibilist in nature. If free will requires having choices, then this is perhaps evidence against compatibilism. If free will requires making choices, then this is perhaps evidence in favor of--or at least consistent with--compatibilism. (shrink)

Humans and animals make inferences about the world under limited time and knowledge. In contrast, many models of rational inference treat the mind as a Laplacean Demon, equipped with unlimited time, knowledge, and computational might. Following H. Simon's notion of satisficing, the authors have proposed a family of algorithms based on a simple psychological mechanism: one-reason decision making. These fast and frugal algorithms violate fundamental tenets of classical rationality: They neither look up nor integrate all information. By computer simulation, the (...) authors held a competition between the satisficing "Take The Best" algorithm and various "rational" inference procedures. The Take The Best algorithm matched or outperformed all competitors in inferential speed and accuracy. This result is an existence proof that cognitive mechanisms capable of successful performance in the real world do not need to satisfy the classical norms of rational inference. (shrink)

Identification of factors that predict recurrent antisocial behavior is integral to the social sciences, criminal justice procedures, and the effective treatment of high-risk individuals. Here we show that error-related brain activity elicited during performance of an in- hibitory task prospectively predicted subsequent rearrest among adult offenders within 4 y of release (N =96). The odds that an offender with relatively low anterior cingulate activity would be rearrested were approximately double that of an offender with high activity in this region, holding (...) constant other observed risk factors. These results suggest a potential neurocognitive biomarker for persistent antisocial behavior. (shrink)

This book addresses the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. The empirical, practical, ethical, and conceptual issues that Pardo and Patterson seek to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.

Economists and biologists have proposed a distinction between two mechanisms – “strong” and “weak” reciprocity – that may explain the evolution of human sociality. Weak reciprocity theorists emphasize the benefits of long-term cooperation and the use of low-cost strategies to deter free-riders. Strong reciprocity theorists, in contrast, claim that cooperation in social dilemma games can be sustained by costly punishment mechanisms, even in one-shot and finitely repeated games. To support this claim, they have generated a large body of evidence concerning (...) the willingness of experimental subjects to punish uncooperative free-riders at a cost to themselves. In this article, I distinguish between a “narrow” and a “wide” reading of the experimental evidence. Under the narrow reading, punishment experiments are just useful devices to measure psychological propensities in controlled laboratory conditions. Under the wide reading, they replicate a mechanism that supports cooperation also in “real-world” situations outside the laboratory. I argue that the wide interpretation must be tested using a combination of laboratory data and evidence about cooperation “in the wild.” In spite of some often-repeated claims, there is no evidence that cooperation in the small egalitarian societies studied by anthropologists is enforced by means of costly punishment. Moreover, studies by economic and social historians show that social dilemmas in the wild are typically solved by institutions that coordinate punishment, reduce its cost, and extend the horizon of cooperation. The lack of field evidence for costly punishment suggests important constraints about what forms of cooperation can or cannot be sustained by means of decentralised policing. (shrink)

What are the types of action at issue in the free will and moral responsibility debate? Are the neuroscientists who make claims about free will and moral responsibility studying those types of action? If not, can the existing paradigm in the field be modified to study those types of action? This paper outlines some claims made by neuroscientists about the inefficacy of conscious intentions and the implications of this inefficacy for the existence of free will. It argues that, typically, the (...) types of actions at issue in the philosophical literature require proximal or distal conscious decisions and have the right kind of connection to reasons. It points out that neuroscientists are not studying this class of actions, as their studies focus on simple commanded actions (e.g., finger flex) and simple Buridan choices (e.g., push the left or right button). Finally, it argues that neuroscience already has the resources to study the types of action relevant for free will and moral responsibility and outlines two experiments which focus on skilled actions and moral choices that could be run using the available technology. (shrink)

Behavioral scientists routinely publish broad claims about human psychology and behavior in the world's top journals based on samples drawn entirely from Western, Educated, Industrialized, Rich, and Democratic (WEIRD) societies. Researchers – often implicitly – assume that either there is little variation across human populations, or that these “standard subjects” are as representative of the species as any other population. Are these assumptions justified? Here, our review of the comparative database from across the behavioral sciences suggests both that there is (...) substantial variability in experimental results across populations and that WEIRD subjects are particularly unusual compared with the rest of the species – frequent outliers. The domains reviewed include visual perception, fairness, cooperation, spatial reasoning, categorization and inferential induction, moral reasoning, reasoning styles, self-concepts and related motivations, and the heritability of IQ. The findings suggest that members of WEIRD societies, including young children, are among the least representative populations one could find for generalizing about humans. Many of these findings involve domains that are associated with fundamental aspects of psychology, motivation, and behavior – hence, there are no obviousa priorigrounds for claiming that a particular behavioral phenomenon is universal based on sampling from a single subpopulation. Overall, these empirical patterns suggests that we need to be less cavalier in addressing questions ofhumannature on the basis of data drawn from this particularly thin, and rather unusual, slice of humanity. We close by proposing ways to structurally re-organize the behavioral sciences to best tackle these challenges. (shrink)

We argue, contra Joshua Knobe in a companion chapter, that most people have an understanding of free will and responsible agency that is compatible with a naturalistic vision of the human mind. Our argument is supported by results from a new experimental philosophy study showing that most people think free will is consistent with complete and perfect prediction of decisions and actions based on prior activity in the brain (a scenario adapted from Sam Harris who predicts most people will find (...) it inconsistent with free will). We explain why most people are "theory-lite" about the nature of mind and free will--they are not committed to substantive theories of the underlying causal structure of mind, such as Knobe's "transcendence vision". Rather, we suggest a "causal competition principle"--that an agent's actions will be deemed unfree when they are perceived to be fully caused by factors that do not include her reasons. This principle explains why people, including some scientists, perceive neuroscientific explanations as threatening free will when they are described in terms of neural processes fully causing actions to the exclusion of agents' reasons or reasoning processes. (shrink)

This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.

One thing wrong with lying is that it can be manipulative. Understanding why lying can be a form of manipulation involves understanding how our telling someone something can give them a reason to believe it, and understanding this requires seeing both how our telling things can invite trust and how trust can be a reason to believe someone. This paper aims to outline the mechanism by means of which lies can be manipulative and through doing so identify a unique reason (...) for accepting testimony; a reason based on trusting a speaker’s telling. (shrink)

This paper identifies human enhancement as one of the most significant areas of bioethical interest in the last twenty years. It discusses in more detail one area, namely moral enhancement, which is generating significant contemporary interest. The author argues that so far from being susceptible to new forms of high tech manipulation, either genetic, chemical, surgical or neurological, the only reliable methods of moral enhancement, either now or for the foreseeable future, are either those that have been in human and (...) animal use for millennia, namely socialization, education and parental supervision or those high tech methods that are general in their application. By that is meant those forms of cognitive enhancement that operate across a wide range of cognitive abilities and do not target specifically ‘ethical’ capacities. The paper analyses the work of some of the leading contemporary advocates of moral enhancement and finds that in so far as they identify moral qualities or moral emotions for enhancement they have little prospect of success. (shrink)

Deep brain stimulation is a well-accepted treatment for movement disorders and is currently explored as a treatment option for various neurological and psychiatric disorders. Several case studies suggest that DBS may, in some patients, influence mental states critical to personality to such an extent that it affects an individual’s personal identity, i.e. the experience of psychological continuity, of persisting through time as the same person. Without questioning the usefulness of DBS as a treatment option for various serious and treatment refractory (...) conditions, the potential of disruptions of psychological continuity raises a number of ethical and legal questions. An important question is that of legal responsibility if DBS induced changes in a patient’s personality result in damage caused by undesirable or even deviant behavior. Disruptions in psychological continuity can in some cases also have an effect on an individual’s mental competence. This capacity is necessary in order to obtain informed consent to start, continue or stop treatment, and it is therefore not only important from an ethical point of view but also has legal consequences. Taking the existing literature and the Dutch legal system as a starting point, the present paper discusses the implications of DBS induced disruptions in psychological continuity for a patient’s responsibility for action and competence of decision and raises a number of questions that need further research. (shrink)

Various authors debate the question of whether neuroscience is relevant to criminal responsibility. However, a plethora of different techniques and technologies, each with their own abilities and drawbacks, lurks beneath the label “neuroscience”; and in criminal law responsibility is not a single, unitary and generic concept, but it is rather a syndrome of at least six different concepts. Consequently, there are at least six different responsibility questions that the criminal law asks—at least one for each responsibility concept—and, I will suggest, (...) a multitude of ways in which the techniques and technologies that comprise neuroscience might help us to address those diverse questions. In a way, on my account neuroscience is relevant to criminal responsibility in many ways, but I hesitate to state my position like this because doing so obscures two points which I would rather highlight: one, neither neuroscience nor criminal responsibility are as unified as that; and two, the criminal law asks many different responsibility questions and not just one generic question. (shrink)

There is an increasing amount of empirical work investigating the sense of agency, i.e. the registration that we are the initiators of our own actions. Many studies try to relate the sense of agency to an internal feed-forward mechanism, called the ‘‘comparator model’’. In this paper, we draw a sharp distinction between a non-conceptual level of feeling of agency and a conceptual level of judgement of agency. By analyzing recent empirical studies, we show that the comparator model is not able (...) to explain either. Rather, we argue for a two-step account: a multifactorial weighting process of different agency indicators accounts for the feeling of agency, which is, in a second step, further processed by conceptual modules to form an attribution judgement. This new framework is then applied to disruptions of agency in schizophrenia, for which the comparator model also fails. Two further extensions are discussed: We show that the comparator model can neither be extended to account for the sense of ownership (which also has to be differentiated into a feeling and a judgement of ownership) nor for the sense of agency for thoughts. Our framework, however, is able to provide a unified account for the sense of agency for both actions and thoughts. (shrink)

After a long period of neglect, the phenomenology of action has recently regained its place in the agenda of philosophers and scientists alike. The recent explosion of interest in the topic highlights its complexity. The purpose of this paper is to propose a conceptual framework allowing for a more precise characterization of the many facets of the phenomenology of agency, of how they are related and of their possible sources. The key assumption guiding this attempt is that the processes through (...) which the phenomenology of action is generated and the processes involved in the specification and control of action are strongly interconnected. I argue in favor of a three-tiered dynamic model of intention, link it to an expanded version of the internal model theory of action control and specification, and use this theoretical framework to guide an analysis of the contents, possible sources and temporal course of complementary aspects of the phenomenology of action. (shrink)

Each of the following claims has been defended in the scientific literature on free will and consciousness: your brain routinely decides what you will do before you become conscious of its decision; there is only a 100 millisecond window of opportunity for free will, and all it can do is veto conscious decisions, intentions, or urges; intentions never play a role in producing corresponding actions; and free will is an illusion. In Effective Intentions Alfred Mele shows that the evidence offered (...) to support these claims is sorely deficient. He also shows that there is strong empirical support for the thesis that some conscious decisions and intentions have a genuine place in causal explanations of corresponding actions. In short, there is weighty evidence of the existence of effective conscious intentions or the power of conscious will. Mele examines the accuracy of subjects' reports about when they first became aware of decisions or intentions in laboratory settings and develops some implications of warranted skepticism about the accuracy of these reports. In addition, he explores such questions as whether we must be conscious of all of our intentions and why scientists disagree about this. Mele's final chapter closes with a discussion of imaginary scientific findings that would warrant bold claims about free will and consciousness of the sort he examines in this book. (shrink)

It is common for philosophers to argue that psychopaths are not morally responsible because they lack some of the essential capacities for morality. In legal terms, they are criminally insane. Typically, however, the insanity defense is not available to psychopaths. The primary reason is that they appear to have the knowledge and understanding required under the M’Naghten Rules. However, it has been argued that what is required for moral and legal responsibility is ‘deep’ moral understanding, something that psychopaths do not (...) have either due to their lacking empathy or practical reason. In the first part of the paper, I argue that psychopaths do not lack the abilities required for deep moral understanding, although they have deficits in those areas. According the M’Naghten Rules, therefore, psychopaths are not insane. Under a less strict formulation of the insanity plea, like the Model Penal Code, however, there is a good case to be made for their lacking substantial capacity. I argue that because psychopathy is an essentially moral disorder, and because of the nature of psychopathic violence, psychopaths should not be excused under the insanity plea. It would be tantamount to excusing someone for committing a crime because they are bad. Arguably, this contravenes the entire system of law. (shrink)

abstract As history shows, some human beings are capable of acting very immorally. 1 Technological advance and consequent exponential growth in cognitive power means that even rare evil individuals can act with catastrophic effect. The advance of science makes biological, nuclear and other weapons of mass destruction easier and easier to fabricate and, thus, increases the probability that they will come into the hands of small terrorist groups and deranged individuals. Cognitive enhancement by means of drugs, implants and biological (including (...) genetic) interventions could thus accelerate the advance of science, or its application, and so increase the risk of the development or misuse of weapons of mass destruction. We argue that this is a reason which speaks against the desirability of cognitive enhancement, and the consequent speedier growth of knowledge, if it is not accompanied by an extensive moral enhancement of humankind. We review the possibilities for moral enhancement by biomedical and genetic means and conclude that, though it should be possible in principle, it is in practice probably distant. There is thus a reason not to support cognitive enhancement in the foreseeable future. However, we grant that there are also reasons in its favour, but we do not attempt to settle the balance between these reasons for and against. Rather, we conclude that if research into cognitive enhancement continues, as it is likely to, it must be accompanied by research into moral enhancement. (shrink)

Opponents of biomedical enhancement often claim that, even if such enhancement would benefit the enhanced, it would harm others. But this objection looks unpersuasive when the enhancement in question is a moral enhancement — an enhancement that will expectably leave the enhanced person with morally better motives than she had previously. In this article I (1) describe one type of psychological alteration that would plausibly qualify as a moral enhancement, (2) argue that we will, in the medium-term future, probably be (...) able to induce such alterations via biomedical intervention, and (3) defend future engagement in such moral enhancements against possible objections. My aim is to present this kind of moral enhancement as a counter-example to the view that biomedical enhancement is always morally impermissible. (shrink)

One trend in recent work on topic of the multiple realization of psychological properties has been an emphasis on greater sensitivity to actual science and greater clarity regarding the metaphysics of realization and multiple realization. One contribution to this trend is Bechtel and Mundale’s examination of the implications of brain mapping for multiple realization. Where Bechtel and Mundale argue that studies of brain mapping undermine claims about the multiple realization, this paper challenges that argument.

Agency has two meanings in psychology and neuroscience. It can refer to one's capacity to affect the world and act in line with one's goals and desires--this is the objective aspect of agency. But agency can also refer to the subjective experience of controlling one's actions, or how it feels to achieve one's goals or affect the world. This subjective aspect is known as the sense of agency, and it is an important part of what makes us human. Interest in (...) the sense of agency has exploded since the early 2000s, largely because scientists have learned that it can be studied objectively through analyses of human judgment, behavior, and the brain. This book brings together some of the world's leading researchers to give structure to this nascent but rapidly growing field. The contributors address questions such as: What role does agency play in the sense of self? Is agency based on predicting outcomes of actions? And what are the links between agency and motivation? Recent work on the sense of agency has been markedly interdisciplinary. The chapters collected here combine ideas and methods from fields as diverse as engineering, psychology, neurology, neuroscience, and philosophy of mind, making the book a valuable resource for any student or researcher interested in action, volition, and exploring how mind and brain are organized. (shrink)

In recent years, a number of prominent scientists have argued that free will is an illusion, appealing to evidence demonstrating that information about brain activity can be used to predict behavior before people are aware of having made a decision. These scientists claim that the possibility of perfect prediction based on neural information challenges the ordinary understanding of free will. In this paper we provide evidence suggesting that most people do not view the possibility of neuro-prediction as a threat to (...) free will unless it also raises concerns about manipulation of the agent’s behavior. In Experiment 1 two scenarios described future brain imaging technology that allows perfect prediction of decisions and actions based on earlier neural activity, and this possibility did not undermine most people’s attributions of free will or responsibility, except in the scenario that also allowed manipulation. In Experiment 2 the scenarios increased the salience of the physicalist implications of neuro-prediction, while in Experiment 3 the scenarios suggested dualism, with perfect prediction by mindreaders. The patterns of results for these two experiments were similar to the results in Experiment 1, suggesting that participants do not understand free will to require specific metaphysical conditions regarding the mind–body relation. Most people seem to understand free will in a way that is not threatened by perfect prediction based on neural information, suggesting that they believe that just because “my brain made me do it,” that does not mean that I didn’t do it of my own free will. (shrink)

Psychopathy is often characterized in terms of what I call “the language of disorder.” I question whether such language is necessary for an accurate and precise characterization of psychopathy, and I consider the practical implications of how we characterize psychopathy—whether as a biological, or merely normative, disorder.

As Louisiana and Cuba emerged from slavery in the late nineteenth century, each faced the question of what rights former slaves could claim. Degrees of Freedom compares and contrasts these two societies in which slavery was destroyed by war, and citizenship was redefined through social and political upheaval. Both Louisiana and Cuba were rich in sugar plantations that depended on an enslaved labor force. After abolition, on both sides of the Gulf of Mexico, ordinary people-cane cutters and cigar workers, laundresses (...) and labor organizers-forged alliances to protect and expand the freedoms they had won. But by the beginning of the twentieth century, Louisiana and Cuba diverged sharply in the meanings attributed to race and color in public life, and in the boundaries placed on citizenship. Louisiana had taken the path of disenfranchisement and state-mandated racial segregation; Cuba had enacted universal manhood suffrage and had seen the emergence of a transracial conception of the nation. What might explain these differences? Moving through the cane fields, small farms, and cities of Louisiana and Cuba, Rebecca Scott skillfully observes the people, places, legislation, and leadership that shaped how these societies adjusted to the abolition of slavery. The two distinctive worlds also come together, as Cuban exiles take refuge in New Orleans in the 1880s, and black soldiers from Louisiana garrison small towns in eastern Cuba during the 1899 U.S. military occupation. Crafting her narrative from the words and deeds of the actors themselves, Scott brings to life the historical drama of race and citizenship in postemancipation societies. (shrink)

Since its introduction, multivariate pattern analysis, or ‘neural decoding’, has transformed the field of cognitive neuroscience. Underlying its influence is a crucial inference, which we call the decoder’s dictum: if information can be decoded from patterns of neural activity, then this provides strong evidence about what information those patterns represent. Although the dictum is a widely held and well-motivated principle in decoding research, it has received scant philosophical attention. We critically evaluate the dictum, arguing that it is false: decodability is (...) a poor guide for revealing the content of neural representations. However, we also suggest how the dictum can be improved on, in order to better justify inferences about neural representation using MVPA. (shrink)

In Minds, Brains, and Law, Michael Pardo and Dennis Patterson argue that current attempts to use neuroscience to inform the theory and practice of law founder because they are built on confused conceptual foundations. Proponents of neurolaw attribute to the brain or to its parts psychological properties that belong only to people; this mistake vitiates many of the claims they make. Once neurolaw is placed on a sounder conceptual footing, Pardo and Patterson claim, we will see that its more dramatic (...) claims are false or meaningless, though it might be able to provide inductive evidence for particular less dramatic claims (that a defendant may be lying, or lacks control over their behavior, for instance). In response, I argue that the central conceptual confusions identified by Pardo and Patterson are not confusions at all. Though some of the claims made by its proponents are hasty and sometimes they are confused, there are no conceptual barriers to attributing psychological properties to brain states. Neuroscience can play a role in producing evidence that is more reliable than subjective report or behavior; it therefore holds out the possibility of dramatically altering our self-conception as agents and thereby the law. (shrink)

An emerging class of theories concerning the functional structure of the brain takes the reuse of neural circuitry for various cognitive purposes to be a central organizational principle. According to these theories, it is quite common for neural circuits established for one purpose to be exapted (exploited, recycled, redeployed) during evolution or normal development, and be put to different uses, often without losing their original functions. Neural reuse theories thus differ from the usual understanding of the role of neural plasticity (...) (which is, after all, a kind of reuse) in brain organization along the following lines: According to neural reuse, circuits can continue to acquire new uses after an initial or original function is established; the acquisition of new uses need not involve unusual circumstances such as injury or loss of established function; and the acquisition of a new use need not involve (much) local change to circuit structure (e.g., it might involve only the establishment of functional connections to new neural partners). Thus, neural reuse theories offer a distinct perspective on several topics of general interest, such as: the evolution and development of the brain, including (for instance) the evolutionary-developmental pathway supporting primate tool use and human language; the degree of modularity in brain organization; the degree of localization of cognitive function; and the cortical parcellation problem and the prospects (and proper methods to employ) for function to structure mapping. The idea also has some practical implications in the areas of rehabilitative medicine and machine interface design. (shrink)

I have taken an experimental approach to this question. Freely voluntary acts are preceded by a specific electrical change in the brain that begins 550 ms before the act. Human subjects became aware of intention to act 350-400 ms after RP starts, but 200 ms. before the motor act. The volitional process is therefore initiated unconsciously. But the conscious function could still control the outcome; it can veto the act. Free will is therefore not excluded. These findings put constraints on (...) views of how free will may operate; it would not initiate a voluntary act but it could control performance of the act. The findings also affect views of guilt and responsibility. But the deeper question still remains: Are freely voluntary acts subject to macro-deterministic laws or can they appear without such constraints, non-determined by natural laws and ‘truly free'? I shall present an experimentalist view about these fundamental philosophical opposites. (shrink)

Caution is one of the orienting principles of neuroscience’s advance in different social spheres. This article shows the importance of maintaining caution in the area of neurolaw because of its risk of becoming a new power that is free from ethical discussion. The article’s objective is to note the principal ethical implications and limitations of neurolaw in light of six cases in which neuroscientific evidence was used in distinct ways. This study seeks to examine the precautions that should be taken (...) in regard to the advance of neurolaw so as not to lose sight of its emancipatory interest. (shrink)

The central debate in the field of neurolaw has focused on two claims. Joshua Greene and Jonathan Cohen argue that we do not have free will and that advances in neuroscience will eventually lead us to stop blaming people for their actions. Stephen Morse, by contrast, argues that we have free will and that the kind of advances Greene and Cohen envision will not and should not affect the law. I argue that neither side has persuasively made the case for (...) or against a revolution in the way the law treats responsibility. -/- There will, however, be a neurolaw revolution of a different sort. It will not necessarily arise from radical changes in our beliefs about criminal responsibility but from a wave of new brain technologies that will change society and the law in many ways, three of which I describe here: First, as new methods of brain imaging improve our ability to measure distress, the law will ease limitations on recoveries for emotional injuries. Second, as neuroimaging gives us better methods of inferring people’s thoughts, we will have more laws to protect thought privacy but less actual thought privacy. Finally, improvements in artificial intelligence will systematically change how law is written and interpreted. (shrink)

Henrich et al.’s article fleshes out in a very useful and timely manner comments often heard but rarely published about the extraordinary cultural imbalance in the recruitment of participants in psychology experiments and the doubt this casts on generalization of findings from these “weird” samples to humans in general. The authors mention that one of the concerns they have met in defending their views has been of a methodological nature: “the observed variation across populations may be due to various methodological (...) artifacts that arise from translating experiments across contexts” (sect. 7.2, para. 1). Here we want to express a less sweeping methodological concern. While accepting the general conclusions and recommendations of the article, we believe they should be complemented with a.. (shrink)

Some argue that humans should enhance their moral capacities by adopting institutions that facilitate morally good motives and behaviour. I have defended a parallel claim: that we could permissibly use biomedical technologies to enhance our moral capacities, for example by attenuating certain counter-moral emotions. John Harris has recently responded to my argument by raising three concerns about the direct modulation of emotions as a means to moral enhancement. He argues that such means will be relatively ineffective in bringing about moral (...) improvements, that direct modulation of emotions would invariably come at an unacceptable cost to our freedom, and that we might end up modulating emotions in ways that actually lead to moral decline. In this article I outline some counter-intuitive potential implications of Harris' claims. I then respond individually to his three concerns, arguing that they license only the very weak conclusion that moral enhancement via direct emotion modulation is sometimes impermissible. However I acknowledge that his third concern might, with further argument, be developed into a more troubling objection to such enhancements. (shrink)

We respond to a number of objections raised by John Harris in this journal to our argument that we should pursue genetic and other biological means of morally enhancing human beings (moral bioenhancement). We claim that human beings now have at their disposal means of wiping out life on Earth and that traditional methods of moral education are probably insufficient to achieve the moral enhancement required to ensure that this will not happen. Hence, we argue, moral bioenhancement should be sought (...) and applied. We argue that cognitive enhancement and technological progress raise acute problems because it is easier to harm than to benefit. We address objections to this argument. We also respond to objections that moral bioenhancement: (1) interferes with freedom; (2) cannot be made to target immoral dispositions precisely; (3) is redundant, since cognitive enhancement by itself suffices. (shrink)

Much has been written on the role of causal notions and causal reasoning in the so-called 'special sciences' and in common sense. But does causal reasoning also play a role in physics? Mathias Frisch argues that, contrary to what influential philosophical arguments purport to show, the answer is yes. Time-asymmetric causal structures are as integral a part of the representational toolkit of physics as a theory's dynamical equations. Frisch develops his argument partly through a critique of anti-causal arguments and partly (...) through a detailed examination of actual examples of causal notions in physics, including causal principles invoked in linear response theory and in representations of radiation phenomena. Offering a new perspective on the nature of scientific theories and causal reasoning, this book will be of interest to professional philosophers, graduate students, and anyone interested in the role of causal thinking in science. (shrink)