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  1. The Morality of Moral Neuroenhancement.Thomas Douglas - 2014 - In Levy Neil & Clausen Jens (eds.), Handbook on Neuroethics. Springer.
    This chapter reviews recent philosophical and neuroethical literature on the morality of moral neuroenhancements. It first briefly outlines the main moral arguments that have been made concerning moral status neuroenhancements. These are neurointerventions that would augment the moral status of human persons. It then surveys recent debate regarding moral desirability neuroenhancements: neurointerventions that augment that the moral desirability of human character traits, motives or conduct. This debate has contested, among other claims (i) Ingmar Persson and Julian Savulescu’s contention that there (...)
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  • Punishment as Moral Fortification.Jeffrey W. Howard - 2017 - Law and Philosophy 36 (1):45-75.
    The proposal that the criminal justice system should focus on rehabilitation – rather than retribution, deterrence, or expressive denunciation – is among the least popular ideas in legal philosophy. Foremost among rehabilitation’s alleged weaknesses is that it views criminals as blameless patients to be treated, rather than culpable moral agents to be held accountable. This article offers a new interpretation of the rehabilitative approach that is immune to this objection and that furnishes the moral foundation that this approach has lacked. (...)
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  • Punishment and Reform.Steven Sverdlik - 2014 - Criminal Law and Philosophy 8 (3):619-633.
    The reform of offenders is often said to be one of the morally legitimate aims of punishment. After briefly surveying the history of reformist thinking I examine the ‘quasi-reform’ theories, as I call them, of H. Morris, J. Hampton and A. Duff. I explain how they conceive of reform, and what role they take it to have in the criminal justice system. I then focus critically on one feature of their conception of reform, namely, the claim that a reformed offender (...)
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  • Crimes Against Minds: On Mental Manipulations, Harms and a Human Right to Mental Self-Determination. [REVIEW]Jan Christoph Bublitz & Reinhard Merkel - 2014 - Criminal Law and Philosophy 8 (1):51-77.
    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, (...)
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  • Direct Brain Interventions and Responsibility Enhancement.Elizabeth Shaw - 2014 - Criminal Law and Philosophy 8 (1):1-20.
    Advances in neuroscience might make it possible to develop techniques for directly altering offenders’ brains, in order to make offenders more responsible and law-abiding. The idea of using such techniques within the criminal justice system can seem intuitively troubling, even if they were more effective in preventing crime than traditional methods of rehabilitation. One standard argument against this use of brain interventions is that it would undermine the individual’s free will. This paper maintains that ‘free will’ (at least, as that (...)
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  • A Paternalistic Theory of Punishment.Herbert Morris - 1981 - American Philosophical Quarterly 18 (4):263 - 271.
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  • Voluntary Rehabilitation? On Neurotechnological Behavioural Treatment, Valid Consent and (In)appropriate Offers.Lene Bomann-Larsen - 2011 - Neuroethics 6 (1):65-77.
    Criminal offenders may be offered to participate in voluntary rehabilitation programs aiming at correcting undesirable behaviour, as a condition of early release. Behavioural treatment may include direct intervention into the central nervous system (CNS). This article discusses under which circumstances voluntary rehabilitation by CNS intervention is justified. It is argued that although the context of voluntary rehabilitation is a coercive circumstance, consent may still be effective, in the sense that it can meet formal criteria for informed consent. Further, for a (...)
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  • Punishment and desert.James Rachels - 1997 - In Hugh LaFollette - (ed.), Ethics in Practice. Blackwell. pp. 466--74.
    Retributivism—the idea that wrongdoers should be “paid back” for their wicked deeds—fits naturally with many people’s feelings. They find it deeply satisfying when murderers and rapists “get what they have coming,” and they are infuriated when villains “get away with it.” But others dismiss these feelings as primitive and unenlightened. Sometimes the complaint takes a religious form. The desire for revenge, it is said, should be resisted by those who believe in Christian charity. After all, Jesus himself rejected the rule (...)
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  • The Moral Education Theory of Punishment.Jean Hampton - 1994 - In A. John Simmons, Marshall Cohen, Joshua Cohen & Charles R. Beitz (eds.), Punishment: A Philosophy and Public Affairs Reader. Princeton University Press. pp. 112-142.
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