Bringing together the latest work from leading scholars in this emerging and vibrant subfield of law, this book examines the philosophical issues that inform the intersection between law and neuroscience.

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.

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.

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)

In this book Daniel Wegner offers a novel understanding of the relation of consciousness, the will, and our intentional and voluntary actions. Wegner claims that our experience and common sense view according to which we can influence our behavior roughly the way we experience that we do it is an illusion.

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)

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)

The book "Philosophical Foundations of Neuroscience" is an engaging criticism of cognitive neuroscience from the perspective of a Wittgensteinian philosophy of ordinary language. The authors' main claim is that assertions like "the brain sees" and "the left hemisphere thinks" are integral to cognitive neuroscience but that they are meaningless because they commit the mereological fallacy—ascribing to parts of humans, properties that make sense to predicate only of whole humans. The authors claim that this fallacy is at the heart of Cartesian (...) dualism, implying that current cognitive neuroscientists are Cartesian dualists. Against this claim, we argue that the fallacy cannot be committed within Cartesian dualism either, for this doctrine does not allow for an intelligible way of asserting that a soul is part of a human being. Also, the authors' Aristotelian essentialistic outlook is at odds with their Wittgensteinian stance, and we were unconvinced by their case against explanatory reductionism. Finally, although their Wittgensteinian stance is congenial with radical behaviorism, their separation between philosophy and science seems less so because it is based on a view of philosophy as a priori. The authors' emphasis on the a priori, however, does not necessarily commit them to rationalism if it is restricted to conceptual or analytical truths. (shrink)

Two countervailing trends mark the intellectual tenor of our age the spread of naturalistic worldviews and religious orthodoxies. Advances in biogenetics, brain research, and robotics are clearing the way for the penetration of an objective scientific self-understanding of persons into everyday life. For philosophy, this trend is associated with the challenge of scientific naturalism. At the same time, we are witnessing an unexpected revitalization of religious traditions and the politicization of religious communities across the world. From a philosophical perspective, this (...) revival of religious energies poses the challenge of a fundamentalist critique of the principles underlying the modern Wests postmetaphysical understanding of itself. The tension between naturalism and religion is the central theme of this major new book by Jrgen Habermas. On the one hand he argues for an appropriate naturalistic understanding of cultural evolution that does justice to the normative character of the human mind. On the other hand, he calls for an appropriate interpretation of the secularizing effects of a process of social and cultural rationalization increasingly denounced by the champions of religious orthodoxies as a historical development peculiar to the West. These reflections on the enduring importance of religion and the limits of secularism under conditions of postmetaphysical reason set the scene for an extended treatment the political significance of religious tolerance and for a fresh contribution to current debates on cosmopolitanism and a constitution for international society. (shrink)

This is a report on the 3-day workshop “The Neuroscience of Responsibility” that was held in the Philosophy Department at Delft University of Technology in The Netherlands during February 11th–13th, 2010. The workshop had 25 participants from The Netherlands, Germany, Italy, UK, USA, Canada and Australia, with expertise in philosophy, neuroscience, psychology, psychiatry and law. Its aim was to identify current trends in neurolaw research related specifically to the topic of responsibility, and to foster international collaborative research on this topic. (...) The workshop agenda was constructed by the participants at the start of each day by surveying the topics of greatest interest and relevance to participants. In what follows, we summarize (1) the questions which participants identified as most important for future research in this field, (2) the most prominent themes that emerged from the discussions, and (3) the two main international collaborative research project plans that came out of this meeting. (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)

Neuroethics has developed rapidly, driven in large part by developments in neuroscience. This article reviews neuroethics from the standpoint of its growing real-world relevance. It opens up with an analysis of the history of neuroscience that suggests the reason for the emergence of neuroethics now, in the early twenty-first century. It proceeds to survey current applications of neuroscience to diverse real-world problems. Published research in the field of neuromarketing is more focused on academic issues, such as the nature of the (...) brain activity underlying consumer behavior and the accuracy of brain-behavior predictions, than it is on the real-world utility of neuromarketing for improving business. Finally, this article concludes with a discussion of the ethical issues raised by these developments, and outlines three general challenges for society in the age of neuroscience. (shrink)

Rapid technological advances have produced a variety of novel techniques that allow a comprehensive assessment of brain function to be combined with detailed information about brain structure and connectivity. Any assessment that is based on exhibited behavior after brain injury will be prone to error for a number of reasons. These questions are explored in the context of recent studies in both healthy populations and brain injured patients that have sought to investigate covert awareness through the use of functional neuroimaging. (...) Those circumstances in which functional magnetic resonance imaging data can be used to infer awareness in the absence of a behavioral response are contrasted with those circumstances in which it cannot. This distinction is fundamental for understanding and interpreting patterns of brain activity following acute brain injury and has implications for clinical care, diagnosis, prognosis, and medicolegal decision-making after serious brain injury. (shrink)

After three proceedings in which neuroscience was a relevant factor for the final verdict in Italian courts, for the first time a recent case puts in question the legal relevance of neuroscientific evidence. This decision deserves international attention in its underlining that the uncertainty still affecting neuroscientific knowledge can have a significant impact on the law. It urges the consideration of such uncertainty and the development of a shared management of it.

The use of genetic testing and neuroscientific evidence in legal trials raises several issues. Often their interpretation is controversial: the same evidence can be used to sustain both the prosecution’s and defense’s argument. A recent Italian case confirms such concerns and stresses other relevant related questions.

In Minds, Brains, and Norms , Pardo and Patterson deny that the activities of persons (knowledge, rule-following, interpretation) can be understood exclusively in terms of the brain, and thus conclude that neuroscience is irrelevant to the law, and to the conceptual and philosophical questions that arise in legal contexts. On their view, such appeals to neuroscience are an exercise in nonsense. We agree that understanding persons requires more than understanding brains, but we deny their pessimistic conclusion. Whether neuroscience can be (...) used to address legal issues is an empirical question. Recent work on locked-in syndrome, memory, and lying suggests that neuroscience has potential relevance to the law, and is far from nonsensical. Through discussion of neuroscientific methods and these recent results we show how an understanding of the subpersonal mechanisms that underlie person-level abilities could serve as a valuable and illuminating source of evidence in legal and social contexts. In so doing, we sketch the way forward for a no-nonsense approach to the intersection of law and neuroscience. (shrink)