Italy is in the forefront of forensic neuroscience practice among European nations. In recent years, the country presented two major criminal cases, the Trieste Case in 2009 and the Como Case in 2011, which were the first cases employing neurogenetic and functional neuroimaging methods in European courts. In this paper we will discuss the consequences that an understanding of the neural and genetic determinants of human (mis)behavior will have on law, especially on the Italian legal context. Some claim that such (...) consequences will actually be revolutionary, while others argue that legal doctrine assumptions won’t be undermined by neuroscientific findings. In the first section of the paper, we introduce the general debate and follow with a section devoted to the two Italian cases. In the third and final section, we discuss epistemological and ethical issues regarding Italian neurolaw. We defend a position which diverges from those prevailing in the debate. While negative outcomes and concerns were usually evidenced, we focus on positive changes coming with the new paradigm of interaction between neuroscience and the law. Our view is that these cases are clearly pioneering ones, anticipating what will happen in the courtrooms of the European Union in the whole, in the near future. (shrink)

It has been argued that a biomarker-informed classification system for antisocial individuals has the potential to overcome many obstacles in current conceptualizations of forensic and psychiatric constructs and promises better targeted treatments. However, some have expressed ethical worries about the social impact of the use of biological information for classification. Many have discussed the ethical and legal issues related to possibilities of using biomarkers for predicting antisocial behaviour. We argue that prediction should not raise the most pressing ethical worries. Instead, (...) issues connected with ‘biologisation’, such as stigmatization and negative effects on self-image, need more consideration. However, we conclude that also in this respect there are no principled ethical objections against the use of biomarkers to guide classification and treatment of adult antisocial individuals. (shrink)

: This contribution aims to address epistemological issues at the crossroads of philosophy of science and psychiatry by reflecting on the notions of organization and resilience. Referring to the debate on the notion of “organization” and its explanatory relevance in philosophical neo-mechanistic theories, I consider how such positions hold up when tentatively applied to the mental health context. More specifically, I show how reflections on psychiatric resilience, cognitive reserve, and accommodation strategies challenge attempts to embrace a mechanistic perspective on mental (...) disorders. A deeper focus on these aspects of mental health is relevant to theoretical discussions on explanatory models as well as for clinical practice, diagnosis, and treatment. Keywords: Psychiatric resilience; Cognitive Reserve; Organization; Mechanism Il ruolo esplicativo dell’organizzazione e la resilienza psichiatrica: sfide ad un approccio meccanicistico alla malattia mentale Riassunto: Questo articolo intende discutere alcuni temi epistemologici all’incrocio tra la filosofia della scienza e la psichiatria, riflettendo sulle nozioni di organizzazione e resilienza. Muovendo dalle riflessioni sulla nozione di “organizzazione” sviluppate nell’ambito delle teorie neo-meccaniciste, e dalla difesa del suo ruolo esplicativo, il lavoro analizza la possibilità di estendere alcune posizioni relative alla spiegazione scientifica al contesto delle scienze della salute mentale. Più nello specifico, si illustra come le indagini sulla resilienza psichiatrica, la riserva cognitiva e le strategie di compensazione possano mettere in discussione i tentativi di abbracciare una prospettiva meccanicistica quando si affronta il tema del disturbo psichiatrico. Una maggiore attenzione ai suddetti filoni di ricerca può avere un impatto significativo sia sulla discussione relativa ai modelli teorici di spiegazione della malattia mentale sia sui processi clinici di diagnosi e terapia. Parole chiave: Resilienza psichiatrica; Riserva cognitiva; Organizzazione; Meccanicismo. (shrink)

This paper explores early Australasian philosophy in some detail. Two approaches have dominated Western philosophy in Australia: idealism and materialism. Idealism was prevalent between the 1880s and the 1930s, but dissipated thereafter. Idealism in Australia often reflected Kantian themes, but it also reflected the revival of interest in Hegel through the work of ‘absolute idealists’ such as T. H. Green, F. H. Bradley, and Henry Jones. A number of the early New Zealand philosophers were also educated in the idealist tradition (...) and were influential in their communities, but produced relatively little. In Australia, materialism gained prominence through the work of John Anderson, who arrived in Australia in 1927, and continues to be influential. John Anderson had been a student of Henry Jones, who might therefore be said to have influenced both main strands of Australian philosophical thought. (shrink)

In this chapter, our focus is the role played by notions of rationality in the diagnosis of mental disorders, and in the practice of overriding patient autonomy in psychiatry. We describe and evaluate different hypotheses concerning the relationship between rationality and diagnosis, raising questions about what features underpin psychiatric categories. These questions reinforce widely held concerns about the use of diagnosis as a justification for overriding autonomy, which have motivated a shift to mental incapacity as an alternative justification. However, this (...) approach too has recently been criticized from a mental disability rights perspective. Our analysis of the relationship between mental capacity and rationality is used to illuminate these concerns, and to investigate further the relationship between rationality and psychiatric diagnosis. (shrink)

If Australasian philosophers constitute the kind of group to which a collective identity or broadly shared self-image can plausibly be ascribed, the celebrated history of Australian materialism rightly lies close to its heart. Jack Smart’s chapter in this volume, along with an outstanding series of briefer essays in A Companion to Philosophy in Australia and New Zealand (Forrest 2010; Gold 2010; Koksvik 2010; Lycan 2010; Matthews 2010; Nagasawa 2010; Opie 2010; Stoljar 2010a), effectively describe the naturalistic realism of Australian philosophy (...) of mind. In occasional semi-serious psychogeographic speculation, this long-standing and strongly-felt intellectual attitude has been traced back to the influences of our light, land, or lifestyle (Devitt 1996, x; compare comments by Chalmers and O’Brien in Mitchell, 2006). Australasian work in philosophy of mind and cognition has become more diverse in the last 40 years, but is almost all still marked, in one way or another, by the history of these debates on materialism. (shrink)

The question of how psychiatric classifications are made up and to what they refer has attracted the attention of philosophers in recent years. In this paper, I review the claims of authors who discuss psychiatric classification in terms referring both to the philosophical tradition of natural kinds and to the sociological tradition of social constructionism — especially those of Ian Hacking and his critics. I examine both the ontological and the social aspects of what it means for something to be (...) a mental disorder, and how the ontological status of these disorders hinges on social causation. Finally, I conclude by suggesting a way in which the biological and the social may be reconciled in an integrative model of variation in psychiatric disorder. (shrink)