Drawing on the recent concussion litigation from the United States’ National Football League, the paper examines the emergence of neuroscience knowledge as part of a defining rationale for the justification and rationalization of the lawsuit. The paper argues that neuroscience knowledge is best understood as a regulatory discourse that is attached to larger social, political, and economic realities that bring it into being as a legitimate type of knowledge. This larger socio-political governance logic is one that scholars call ‘biopolitical’ which (...) emphasizes the protection of individual life over and above other ways of being. Risk discourses that frame risk-taking practices as immoral thus emerge within this biopolitical regime of governance that frame morality in terms of public health that individual citizens ought to pursue. With this in mind neuroscience knowledge plays an important role in concussion litigation. It emerges as a technology of biopolitical governance in that it is used to justify legal decisions on concussion. This is despite the fact that neuroscience knowledge remains nascent and even scientifically uncertain. Because of this, the paper argues that scholars ought to not only consider neuroscience research skeptically, but also ought to be aware of the dangers of neuroscience’s emergence as an ‘anticipatory discourse’ that has the potential to reduce human behavior to matters of the brain that thus transforms our very ontology of ourselves and the practices we perceive as ‘good’. (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)

In this article I flesh out support for observations that scientific accounts of social groups can influence the very groups and mental phenomena under investigation. The controversial hypothesis that there are hardwired differences between the brains of males and females that contribute to sex differences in gender-typed behaviour is common in both the scientific and popular media. Here I present evidence that such claims, quite independently of their scientific validity, have scope to sustain the very sex differences they seek to (...) explain. I argue that, while further research is required, such claims can have self-fulfilling effects via their influence on social perception, behaviour and attitudes. The real effects of the products of scientists’ research on our minds and society, together with the fact that all scientific hypotheses are subject to dispute and disconfirmation, point to a need for scientists to consider the ethical implications of their work. (shrink)

La autonomía constituye uno de los pilares básicos de un sistema político como el democrático que se asocia a la capacidad de toma de decisiones de la ciudadanía como su núcleo moral principal. Los descubrimientos en el ámbito de las neurociencias y su aplicación al campo del marketing y a la comunicación política despiertan hoy en día las sospechas por la posible capacidad de activar el "botón del voto" de los electores. Este artículo tiene como objetivo adentrarse en el estudio (...) de los principales trabajos desarrollados sobre el neuromarketing político y la neuropolítica. La finalidad de esta propuesta consiste en presentar los debates éticos que irrumpen con el neuromarketing político. Autonomy is one of the basic pillars of a political system like democracy, which is associated with citizens’ decision-making capacity as its main moral core. Discoveries in the neurosciences domain and their application to the marketing and political communication field now arouse suspicions about the possible capacity of activating voter’s "voting button". The objective of this article is to examine the main works on political neuromarketing and neuropolitics. The purpose of this proposal consists in presenting the specific ethical debates that emerge around political neuromarketing. (shrink)

El marco teórico desde el cual se llevan a cabo investigaciones acerca de la pseudociencia es deficiente, dado que suele incluir otros tipos de creencias carentes de garantía epistémica. En este artículo, se repasarán los mecanismos de explotación de la autoridad científica por parte de la pseudociencia, desarrollando así un marco psicocognitivo más refinado para caracterizar el fenómeno. Se analizará la psicología del engaño pseudocientífico, las raíces cognitivas que posibilitan la epidemiología de este tipo de ideas y sus mecanismos de (...) autolegitimación, como la superioridad dialéctica, el falso apoyo externo o la falsa superioridad ética y/o epistemológica. (shrink)

Since the mid‐1980s, psychologists and neuroscientists have used brain imaging to test hypotheses about human thought processes and their neural instantiation. In just three decades, functional neuroimaging has been transformed from a crude clinical tool to a widely used research method for understanding the human brain and mind. Such rapidly achieved success is bound to evoke skepticism. A degree of skepticism toward new methods and ideas is both inevitable and useful in any field. It is especially valuable in a science (...) as young as cognitive neuroscience and its even younger siblings, social and affective neuroscience. Healthy skepticism encourages us to check our assumptions, recognize the limitations of our methods, and proceed thoughtfully. Skepticism itself, however, also must be examined.In this article, I review the most commonly voiced criticisms of functional neuroimaging. In the spirit of healthy skepticism, I will critically examine these criticisms themselves. Each contains at least a kernel of truth, although I will argue that in some cases the kernel has been overextended in ways that are inaccurate or misleading. (shrink)

Researchers are increasingly applying neuroscience technologies that probe or manipulate the brain to improve educational outcomes. However, their use remains fraught with ethical controversies. Here, we investigate the acceptability of neuroscience applications to educational practice in two groups of young adults: those studying bioscience who will be driving future basic neuroscience research and technology transfer, and those studying education who will be choosing among neuroscience-derived applications for their students. Respondents rated the acceptability of six scenarios describing neuroscience applications to education (...) spanning multiple methodologies, from neuroimaging to neuroactive drugs to brain stimulation. They did so from two perspectives (student, teacher) and for three recipient populations (low-achieving, high-achieving students, students with learning disabilities). Overall, the biosciences students were more favorable to all neuroscience applications than the education students. Scenarios that measured brain activity (i.e., EEG or fMRI) to assess or predict intellectual abilities were deemed more acceptable than manipulations of mental activity by drug use or stimulation techniques, which may violate body integrity. Enhancement up to the norm for low-achieving students and especially students with learning disabilities was more favorably viewed than enhancement beyond the norm for high-achieving students. Finally, respondents rated neuroscientific applications to be less acceptable when adopting the perspective of a teacher than that of a student. Future studies should go beyond the acceptability ratings collected here to delineate the role that concepts of access, equity, authenticity, agency and personal choice play in guiding respondents’ reasoning. (shrink)

Pain, suffering and positive emotions in patients in vegetative state/unresponsive wakefulness syndrome (VS/UWS) and minimally conscious states (MCS) pose clinical and ethical challenges. Clinically, we evaluate behavioural responses after painful stimulation and also emotionally-contingent behaviours (e.g., smiling). Using stimuli with emotional valence, neuroimaging and electrophysiology technologies can detect subclinical remnants of preserved capacities for pain which might influence decisions about treatment limitation. To date, no data exist as to how healthcare providers think about end-of-life options (e.g., withdrawal of artificial nutrition (...) and hydration) in the presence or absence of pain in non-communicative patients. Here, we aimed to better clarify this issue by re-analyzing previously published data on pain perception (Prog Brain Res 2009 177, 329–38) and end-of-life decisions (J Neurol 2010 258, 1058–65) in patients with disorders of consciousness. In a sample of 2259 European healthcare professionals we found that, for VS/UWS more respondents agreed with treatment withdrawal when they considered that VS/UWS patients did not feel pain (77%) as compared to those who thought VS/UWS did feel pain (59%). This interaction was influenced by religiosity and professional background. For MCS, end-of-life attitudes were not influenced by opinions on pain perception. Within a contemporary ethical context we discuss (1) the evolving scientific understandings of pain perception and their relationship to existing clinical and ethical guidelines; (2) the discrepancies of attitudes within (and between) healthcare providers and their consequences for treatment approaches, and (3) the implicit but complex relationship between pain perception and attitudes toward life-sustaining treatments. (shrink)

Pain, suffering and positive emotions in patients in vegetative state/unresponsive wakefulness syndrome (VS/uws) and minimally conscious states (MCS) pose clinical and ethical challenges. Clinically, we evaluate behavioural responses after painful stimulation and also emotionally-contingent behaviours (e.g., smiling). Using stimuli with emotional valence, neuroimaging and electrophysiology technologies can detect subclinical remnants of preserved capacities for pain which might influence decisions about treatment limitation. To date, no data exist as to how healthcare providers think about end-of-life options (e.g., withdrawal of artificial nutrition (...) and hydration) in the presence or absence of pain in non-communicative patients. Here, we aimed to better clarify this issue by re-analyzing previously published data on pain perception (Prog Brain Res 2009 177, 329–38) and end-of-life decisions (J Neurol 2010 258, 1058–65) in patients with disorders of consciousness. In a sample of 2259 European healthcare professionals we found that, for VS/uws more respondents agreed with treatment withdrawal when they considered that VS/uws patients did not feel pain (77%) as compared to those who thought VS/uws did feel pain (59%). This interaction was influenced by religiosity and professional background. For MCS, end-of-life attitudes were not influenced by opinions on pain perception. Within a contemporary ethical context we discuss (1) the evolving scientific understandings of pain perception and their relationship to existing clinical and ethical guidelines; (2) the discrepancies of attitudes within (and between) healthcare providers and their consequences for treatment approaches, and (3) the implicit but complex relationship between pain perception and attitudes toward life-sustaining treatments. (shrink)

This article presents a historical overview of the role played by neurology patients and clinicians in the development of understanding brain–behavior relationships and argues that, even with the advent of sophisticated functional brain imaging techniques, this clinical approach remains valuable. It is particularly important in the biological study of religion, where there is a danger that piecemeal and reductionist approaches will come to dominate. It is argued that religion is a socially located, multifaceted, and embodied phenomenon that occurs not in (...) the brain but in the lives of human persons. Insights drawn from people living with conditions affecting the brain are thus vital for a full understanding of human identity, spirituality, and religion. (shrink)

Products that align themselves with basic and clinical neurosciences do well in the market. There are reasons to be wary about such “brain branding” when commercial interests threaten to compromise scientific and clinical values. We describe three concerns. The first, exemplified in drug development and dissemination, is of the insidious effects of blurred boundaries between academia and industry. The second, exemplified by the sale of brain fitness products, is of commerce getting ahead of the motivating science. The third, exemplified by (...) some functional imaging practices, is of the misuse of neuroscience in marketing technology. We propose three reasons for why brain branding appears to work. First is the seductive allure of neuroscience as providing seemingly deeper explanations of complex phenomena. The second is the persuasive power of pictures, which converges with the allure of neuroscience in brain imaging. The third is the context in which many physicians and patients find themselves. The relative lack of control over the course of chronic diseases may dispose physicians and patients to believe claims made by companies that align themselves with neuroscience. We outline circumstances when clinicians, patients, and consumers should question the usefulness of diagnostic tools and therapeutic interventions. (shrink)

In this paper, we review recent neuroimaging investigations of disorders of consciousness and different disciplines' understanding of consciousness itself. We consider potential tests of consciousness, their legal significance, and how they map onto broader themes in U.S. statutory law pertaining to advance directives and surrogate decision-making. In the process, we outline a taxonomy of themes to illustrate and clarify the variance in state-law definitions of consciousness. Finally, we discuss broader scientific, ethical, and legal issues associated with the advent of neuroimaging (...) for disorders of consciousness and conclude with policy recommendations that could help to mitigate confusion in this realm. (shrink)

Research suggests that people tend to overweight arguments accompanied by neuroscientific terminology, which is dubbed as the seductive allure of neuroscience explanations (SANE) in the literature. Such an effect might be of particular significance when it comes to physicians and mental health professionals (MHP), given that it has the potential to cause significant bias in their understanding as well as their treatment approaches toward psychiatric symptoms. In this study, we aimed to test the SANE effect among Turkish medical students, and (...) assess its uniqueness by comparing it with a discipline that still maintains an important role in contemporary psychiatric training in Turkey: psychoanalysis. 109 medical students with a basic level of knowledge of psychiatry and clinical neuroscience were asked to rate the credibility of explanations of differing quality (good vs. circular) for psychological phenomena, followed by three types of information: none, neuroscientific (SNI) or psychoanalytical (SPI). Our findings showed that SNI significantly increased the judged quality of explanations for both conditions with the effect being more prominent for circular explanations. On the other hand, SPI had no effect on good explanations but enhanced the judged quality of circular explanations in a level comparable to that of SNI. For the first time, the SANE effect was replicated among medical students and provided preliminary data in favor of a similar effect for psychoanalytically oriented information. (shrink)

Functional MRI shows promise as a candidate prognostication method in acutely comatose patients following severe brain injury. However, further research is needed before this technique becomes appropriate for clinical practice. Drawing on a clinical case, we investigate the process of obtaining informed consent for this kind of research and identify four ethical issues. After describing each issue, we propose potential solutions which would make a patient’s participation in research compatible with her rights and interests. First, we defend the need for (...) traditional proxy consent against two alternative approaches. Second, we examine the impact of the intensive care unit environment on the informed consent process. Third, we discuss the therapeutic misconception and its potential influence on informed consent. Finally, we deal with issues of timing in recruiting participants and related factors which may affect the risks of participation. (shrink)

Neuroscience research examining sex/gender differences aims to explain behavioral differences between men and women in terms of differences in their brains. Historically, this research has used ad hoc methods and has been conducted explicitly in order to show that prevailing gender roles were dictated by biology. I examine contemporary fMRI research on sex/gender differences in emotion processing and argue that it, too, both uses problematic methods and, in doing so, reinforces gender stereotypes.

Neuroscience is increasingly used to infer the cognitive capacities of offenders from the activity and volume of different brain regions, with the resultant findings receiving great interest in the public eye. This field experiment tested the effects of public engagement in neuroscience on attitudes towards offenders. Brainstorm is a play about teenage brain development. Either before or after watching this play, 728 participants responded to four questions about the age of criminal responsibility, and the moral responsibility and dangerousness of a (...) hypothetical young or adult offender. After watching the play, participants perceived the young offender as less likely to reoffend than the adult offender and the young, but not adult, offender as less morally responsible for his actions, especially on the first offence. Therefore, public engagement in the newest arrival to the criminological scene – neuroscience – may shift support for different youth justice responses. (shrink)

Addiction is increasingly described as a “chronic and relapsing brain disease”. The potential impact of the brain disease model on the treatment of addiction or addicted individuals’ treatment behaviour remains uncertain. We conducted a qualitative study to examine: (i) the extent to which leading Australian addiction neuroscientists and clinicians accept the brain disease view of addiction; and (ii) their views on the likely impacts of this view on addicted individuals’ beliefs and behaviour. Thirty-one Australian addiction neuroscientists and clinicians (10 females (...) and 21 males; 16 with clinical experience and 15 with no clinical experience) took part in 1 h semi-structured interviews. Most addiction neuroscientists and clinicians did not uncritically support the use of brain disease model of addiction. Most were cautious about the potential for adverse impacts on individuals’ recovery and motivation to enter treatment. While some recognised the possibility that the brain disease model of addiction may provide a rationale for addicted persons to seek treatment and motivate behaviour change, Australian addiction neuroscientist and clinicians do not assume that messages about “diseased brains” will always lead to increased treatment-seeking and reduced drug use. Research is needed on how neuroscience research could be used in ways that optimise positive outcomes for addicted persons. (shrink)

There has been an exponential growth in research examining the neurological basis of human cognition and learning. Little is known, however, about the extent to which sports coaches are aware of these advances. Consequently, the aim of the present study was to examine the prevalence of pseudoscientific ideas among British and Irish sports coaches. In total, 545 coaches from the United Kingdom and Ireland completed a measure that included questions about how evidence-based theories of the brain might enhance coaching and (...) learning, how they were exposed to these different theories, and their awareness of neuromyths. Results revealed that the coaches believed that an enhanced understanding of the brain helped with their planning and delivery of sports sessions. Goal-setting was the most frequently used strategy. Interestingly, 41.6% of the coaches agreed with statements that promoted neuromyths. The most prevalent neuromyth was “individuals learn better when they receive information in their preferred learning style (e.g., auditory, visual, or kinesthetic)”, which 62% of coaches believed. It is apparent that a relatively large percentage of coaches base aspects of their coaching practice on neuromyths and other pseudoscientific ideas. Strategies for addressing this situation are briefly discussed and include changing the content of coach education programs. (shrink)

Many states recognize a legal right to bodily integrity, understood as a right against significant, nonconsensual interference with one’s body. Recently, some have called for the recognition of an analogous legal right to mental integrity: a right against significant, nonconsensual interference with one’s mind. In this chapter, we describe and distinguish three different rationales for recognizing such a right. The first appeals to case-based intuitions to establish a distinctive duty not to interfere with others’ minds; the second holds that, if (...) we accept a legal right to bodily integrity, then we must, on pain of philosophical inconsistency, accept a case for an analogous right over the mind; and the third holds that recent technological developments create a need for a legal right to mental integrity. (shrink)

In summaries of “best practices” for pedagogy, one typically encounters enthusiastic advocacy for metacognition. Some researchers assert that the body of evidence supplied by decades of education studies indicates a clear pedagogical imperative: that if one wants their students to learn well, one must implement teaching practices that cultivate students’ metacognitive skills. -/- In this dissertation, I counter that education research does not impose such a mandate upon instructors. We lack sufficient and reliable evidence from studies that use the appropriate (...) research design to validate the efficacy of metacognitive skill-building interventions (not just evaluate their relationship to learning outcomes). I argue that improved academic outcomes following these interventions aren’t necessarily mediated by increased metacognitive skills; rather, enhanced student performance can be accounted for by other factors that accompany metacognitive training, particularly the explicit provision of domain-specific knowledge. -/- On the way to this conclusion, I elaborate some complications and controversies surrounding “metacognition.” This is a sprawling and nebulous construct, which makes generalizations about its pedagogical value dubious from the outset. Moreover, it is unclear the extent to which the end goal of metacognitive skill-building (cognitive self-mastery, involving knowledge of and control over our own minds) is even possible, given our mental architecture; some cognitive scientists allege that we are subject to phenomenological illusions which make this seem more achievable than it actually is. -/- I also attempt to provide an account of how metacognitive skill-building could receive glowing endorsements from educators and education researchers, even though its conceptual and empirical underpinnings are flimsy. The error theory I offer identifies two major factors that may foster belief in the efficacy of metacognitive training: goalpost-shifting around the objective of such efforts, and motivated reasoning in defense of the desirable conclusion that educators can significantly reshape students’ minds and unlock their intellectual potential through simple pedagogical interventions. (shrink)

Legal theorists have characterized physical evidence of brain dysfunction as a double-edged sword, wherein the very quality that reduces the defendant’s responsibility for his transgression could simultaneously increase motivations to punish him by virtue of his apparently increased dangerousness. However, empirical evidence of this pattern has been elusive, perhaps owing to a heavy reliance on singular measures that fail to distinguish between plural, often competing internal motivations for punishment. The present study employed a test of the theorized double-edge pattern using (...) a novel approach designed to separate such motivations. We asked a large sample of participants (N = 330) to render criminal sentencing judgments under varying conditions of the defendant’s mental health status (Healthy, Neurobiological Disorder, Psychological Disorder) and the disorder’s treatability (Treatable, Untreatable). As predicted, neurobiological evidence simultaneously elicited shorter prison sentences (i.e., mitigating) and longer terms of involuntary hospitalization (i.e., aggravating) than equivalent psychological evidence. However, these effects were not well explained by motivations to restore treatable defendants to health or to protect society from dangerous persons but instead by deontological motivations pertaining to the defendant’s level of deservingness and possible obligation to provide medical care. This is the first study of its kind to quantitatively demonstrate the paradoxical effect of neuroscientific trial evidence and raises implications for how such evidence is presented and evaluated. (shrink)