Writing from a scientifically and philosophically informed perspective, the authors provide a critical overview of the conceptual difficulties encountered in many current neuroscientific and psychological theories.

Alfredo Traps in Durrenmatt’s tale discovers that he has brought off, all by himself, a murder involving considerable ingenuity. The mock prosecutor in the tale demands the death penalty “as reward for a crime that merits admiration, astonishment, and respect.” Traps is deeply moved; indeed, he is exhilarated, and the whole of his life becomes more heroic, and, ironically, more precious. His defense attorney proceeds to argue that Traps was not only innocent but incapable of guilt, “a victim of the (...) age.” This defense Traps disavows with indignation and anger. He makes claim to the murder as his and demands the prescribed punishment—death. (shrink)

We all seem to think that we do the acts we do because we consciously choose to do them. This commonsense view is thrown into dispute by Benjamin Libet's eyebrow-raising experiments, which seem to suggest that conscious will occurs not before but after the start of brain activity that produces physical action.

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)

Originally published: Oxford: Clarendon, 1997.

In this paper, our goal is to survey some of the legal contexts within which violence risk assessment already plays a prominent role, explore whether developments in neuroscience could potentially be used to improve our ability to predict violence, and discuss whether neuropredictive models of violence create any unique legal or moral problems above and beyond the well worn problems already associated with prediction more generally. In Violence Risk Assessment and the Law, we briefly examine the role currently played by (...) predictions of violence in three high stakes legal contexts: capital sentencing, civil commitment hearings, and sexual predator statutes. In Clinical vs. Actuarial Violence Risk Assessment, we briefly examine the distinction between traditional clinical methods of predicting violence and more recently developed actuarial methods, exemplified by the Classification of Violence Risk software created by John Monahan and colleagues as part of the MacArthur Study of Mental Disorder and Violence [1]. In The Neural Correlates of Psychopathy, we explore what neuroscience currently tells us about the neural correlates of violence, using the recent neuroscientific research on psychopathy as our focus. We also discuss some recent advances in both data collection and data analysis that we believe will play an important role when it comes to future neuroscientific research on violence. In The Potential Promise of Neuroprediction, we discuss whether neuroscience could potentially be used to improve our ability to predict future violence. Finally, in The Potential Perils of Neuroprediction, we explore some potential evidentiary, constitutional, and moral issues that may arise in the context of the neuroprediction of violence. (shrink)

Pain is a fundamentally subjective experience. We have uniquely direct access to our own pain but can only make rough inferences about the pain of others. Nevertheless, such inferences are made all the time by doctors, insurers, judges, juries, and administrative agencies. Advances in brain imaging may someday improve our pain assessments by bolstering the claims of those genuinely experiencing pain while impugning the claims of those who are faking or exaggerating symptoms. These possibilities raise concerns about the privacy of (...) our pain. I suggest that while the use of neuroimaging to detect pain implicates significant privacy concerns, our interests in keeping pain private are likely to be weaker than our interests in keeping private certain other subjective experiences that permit more intrusive inferences about our thoughts and character. (shrink)

How to respond justly to the dangers persistent violent offenders present is a vexing moral and legal issue. On the one hand, we wish to reduce predation; on the other, we want to treat predators fairly. The central theme of this paper is that it is difficult to achieve both goals without compromising one of them, and that both are being seriously undermined. I begin by explaining the legal theory, doctrine and practice governing dangerous offenders and demonstrate that the law (...) leaves a gap in the ability to confine them. Next I explore the means by which the law has overtly or covertly sought to fill the gap. Many of these measures, especially the new form of civil commitment for sexual predators, dangerously conflate moral and medical categories. I conclude that pure preventive detention is more common than we usually assume, but that this practice violates fundamental assumptions concerning liberty under the American constitutional regime. (shrink)

Recent studies indicate that patients who are diagnosed with vegetative states may retain more awareness than their clinical assessments suggest. Disorders of consciousness traditionally have been diagnosed on the basis of outwardly observable behaviors alone, but new functional imaging studies have shown surprising levels of brain activity in some patients, indicating that even higher-level cognitive functions like language processing and visual imagery may be preserved. For example, one recently developed method purports to detect voluntary mental imagery solely on the basis (...) of neural response patterns observed with functional magnetic resonance imaging. This line of research has already led to some widely reported cases of patients who were discovered to have more brain activity than expected. In November 2009, Rom Houben, a Belgian man who was thought to be in a coma for 23 years, was diagnosed with locked-in syndrome through the use of neuroimaging; however, that assessment was later overturned by further testing. (shrink)

My topic is recent scientific skepticism about free will. A leading argument for such skepticism features the proposition—defended by Daniel Wegner (2002, 2008) and Benjamin Libet (1985, 2004) among others that conscious intentions (and their physical correlates) never play a role in producing corresponding overt actions. This chapter examines alleged scientific evidence for the truth of this proposition.

This article demonstrates that there is no free will problem in forensic psychiatry by showing that free will or its lack is not a criterion for any legal doctrine and it is not an underlying general foundation for legal responsibility doctrines and practices. There is a genuine metaphysical free will problem, but the article explains why it is not relevant to forensic practice. Forensic practitioners are urged to avoid all usage of free will in their forensic thinking and work product (...) because it is irrelevant and spawns confusion. (shrink)

In this study, we examined decision-making to rewarding or punishing stimuli in individuals with psy- chopathy (n = 21) and comparison individuals (n = 19) using the Differential Reward/Punishment Learn- ing Task. In this task, the participant chooses between two objects associated with different levels of reward or punishment. Thus, response choice indexes not only reward/punishment sensitivity but also sensitivity to reward/punishment level according to inter-stimulus reinforcement distance. Individuals with psychopathy showed significant impairment when choosing between objects associated with differential (...) levels of reward but also significantly greater impairment when choosing between objects associated with differential levels of punishment. However, the two groups were comparably affected by inter-stimulus reinforcement distance. The results are discussed with reference to current models of psychopathy. (shrink)

This study investigates the ability of individuals with psychopathy to perform passive avoidance learning and whether this ability is modulated by level of reinforcement/punishment. Nineteen psychopathic and 21 comparison individuals, as defined by the Hare Psychopathy Checklist Revised (Hare, 1991), were given a passive avoidance task with a graded reinforcement schedule. Response to each rewarding number gained a point reward specific to that number (i.e., 1, 700, 1400 or 2000 points). Response to each punishing number lost a point punishment specific (...) to that number (i.e., the loss of 1, 700, 1400 or 2000 points). In line with predictions, individuals with psychopathy made more passive avoidance errors than the comparison individuals. In addition, while the performance of both groups was modulated by level of reward, only the performance of the comparison population was modulated by level of punishment. The results are interpreted with reference to a computational account of the emotional learning impairment in individuals with psychopathy. (shrink)