Switch to: References

Add citations

You must login to add citations.
  1. Pattern Theory of Self and Situating Moral Aspects: The Need to Include Authenticity, Autonomy and Responsibility in Understanding the Effects of Deep Brain Stimulation.Przemysław Zawadzki - 2020 - Phenomenology and the Cognitive Sciences 21 (3):559-582.
    The aims of this paper are to: identify the best framework for comprehending multidimensional impact of deep brain stimulation on the self; identify weaknesses of this framework; propose refinements to it; in pursuing, show why and how this framework should be extended with additional moral aspects and demonstrate their interrelations; define how moral aspects relate to the framework; show the potential consequences of including moral aspects on evaluating DBS’s impact on patients’ selves. Regarding, I argue that the pattern theory of (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  • Cognitive Diminishments and Crime Prevention: “Too Smart for the Rest of Us”?Sebastian Jon Holmen - 2022 - Neuroethics 15 (1):1-13.
    In this paper, I discuss whether it is ever morally permissible to diminish the cognitive abilities or capacities of some cognitively gifted offenders whose ability to commit their crimes successfully relies on them possessing these abilities or capacities. I suggest that, given such cognitive diminishments may prevent such offenders from re-offending and causing others considerable harm, this provides us with at least one good moral reason in favour of employing them. After setting out more clearly what cognitive diminishment may consist (...)
    Direct download (3 more)  
    Translate
     
     
    Export citation  
     
    Bookmark  
  • Moral Neuroenhancement for Prisoners of War.Blake Hereth - 2022 - Neuroethics 15 (1):1-20.
    Moral agential neuroenhancement can transform us into better people. However, critics of MB raise four central objections to MANEs use: It destroys moral freedom; it kills one moral agent and replaces them with another, better agent; it carries significant risk of infection and illness; it benefits society but not the enhanced person; and it’s wrong to experiment on nonconsenting persons. Herein, I defend MANE’s use for prisoners of war fighting unjustly. First, the permissibility of killing unjust combatants entails that, in (...)
    Direct download (3 more)  
    Translate
     
     
    Export citation  
     
    Bookmark  
  • What is Criminal Rehabilitation?Lisa Forsberg & Thomas Douglas - 2022 - Criminal Law and Philosophy 16 (1):103-126.
    It is often said that the institutions of criminal justice ought or—perhaps more often—ought not to rehabilitate criminal offenders. But the term ‘criminal rehabilitation’ is often used without being explicitly defined, and in ways that are consistent with widely divergent conceptions. In this paper, we present a taxonomy that distinguishes, and explains the relationships between, different conceptions of criminal rehabilitation. Our taxonomy distinguishes conceptions of criminal rehabilitation on the basis of the aims or ends of the putatively rehabilitative measure, and (...)
    Direct download (2 more)  
    Translate
     
     
    Export citation  
     
    Bookmark  
  • The Mere Substitution Defence of Nudging Works for Neurointerventions Too.Thomas Douglas - 2022 - Journal of Applied Philosophy 10.
    Nudges are often defended on the basis that they merely substitute existing influences on choice with other influences that are similar in kind; they introduce no new kind of influence into the choice situation. I motivate the view that, if this defence succeeds in establishing the moral innocuousness of typical nudges, it also establishes the moral innocuousness of an intuitively wrongful neurochemical intervention. I then consider two attempts to rebut this view and argue that both fail. I end by spelling (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  • Punishing Intentions and Neurointerventions.David Birks & Alena Buyx - 2018 - American Journal of Bioethics Neuroscience 9 (3):133-143.
    How should we punish criminal offenders? One prima facie attractive punishment is administering a mandatory neurointervention—interventions that exert a physical, chemical or biological effect on the brain in order to diminish the likelihood of some forms of criminal offending. While testosterone-lowering drugs have long been used in European and US jurisdictions on sex offenders, it has been suggested that advances in neuroscience raise the possibility of treating a broader range of offenders in the future. Neurointerventions could be a cheaper, and (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   15 citations  
  • Commentary: Freedom Means Self-Awareness and Self-Control: Bioenhancement Can Help.James Hughes - 2017 - Cambridge Quarterly of Healthcare Ethics 26 (3):394-397.
    The manipulation of sentiments and capacities for self-control can be combined in a program of posthuman character development that enhances flourishing and the subjective sense of free will. Indeed the faculties of self-awareness, deliberation, and self-control are the only referents this illusory concept of free will can be based on.
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  • Moral Bioenhancements and the Future of Utilitarianism.Francisco Lara - 2021 - Ethics and Bioethics (in Central Europe) 11 (3-4):217-230.
    Utilitarianism has been able to respond to many of the objections raised against it by undertaking a major revision of its theory. Basically, this consisted of recognising that its early normative propositions were only viable for agents very different from flesh-and-blood humans. They then deduced that, given human limitations, it was most useful for everyone if moral agents did not behave as utilitarians and habitually followed certain rules. Important recent advances in neurotechnology suggest that some of these human limitations can (...)
    Direct download  
     
    Export citation  
     
    Bookmark  
  • In Defence of Punishment and the Unified Theory of Punishment: A Reply.Thom Brooks - 2016 - Criminal Law and Philosophy 10 (3):629-638.
    My book, Punishment, has three aims: to provide the most comprehensive and updated examination of the philosophy of punishment available, to advance a new theory—the unified theory of punishment—as a compelling alternative to available theories and to consider the relation of theory to practice. In his recent review article, Mark Tunick raises several concerns with my analysis. I address each of these concerns and argue they rest largely on misinterpretations which I restate and clarify here.
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  • The Expressivist Objection to Nonconsensual Neurocorrectives.Gabriel De Marco & Thomas Douglas - 2021 - Criminal Law and Philosophy.
    Neurointerventions—interventions that physically or chemically modulate brain states—are sometimes imposed on criminal offenders for the purposes of diminishing the risk that they will recidivate, or, more generally, of facilitating their rehabilitation. One objection to the nonconsensual implementation of such interventions holds that this expresses a disrespectful message, and is thus impermissible. In this paper, we respond to this objection, focusing on the most developed version of it—that presented by Elizabeth Shaw. We consider a variety of messages that might be expressed (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  • Direct Brain Interventions, Changing Values and the Argument From Objectification – a Reply to Elizabeth Shaw.Sebastian Holmen - 2018 - Neuroethics 11 (2):217-227.
    This paper critically discusses the argument from objectification – as recently presented by Elizabeth Shaw – against mandatory direct brain interventions targeting criminal offenders’ values as part of rehabilitative or reformative schemes. Shaw contends that such DBIs would objectify offenders because a DBI “excludes offenders by portraying them as a group to whom we need not listen” and “implies that offenders are radically defective with regard to one of the most fundamental aspects of their agency”. To ensure that offenders are (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  • Cognitive-Enhancing Drugs, Behavioral Training and the Mechanism of Cognitive Enhancement.Emma Peng Chien - 2013 - In Elisabeth Hildt & Andreas G. Franke (eds.), Cognitive Enhancement: An Interdisciplinary Perspective. New York, NY: Springer. pp. 139-144.
    In this chapter, I propose the mechanism of cognitive enhancement based on studies of cognitive-enhancing drugs and behavioral training. I argue that there are mechanistic differences between cognitive-enhancing drugs and behavioral training due to their different enhancing effects. I also suggest possible mechanisms for cognitive-enhancing drugs and behavioral training and for the synergistic effects of their simultaneous application.
    Direct download  
     
    Export citation  
     
    Bookmark  
  • Deep Brain Stimulation, Historicism, and Moral Responsibility.Daniel Sharp & David Wasserman - 2016 - Neuroethics 9 (2):173-185.
    Although philosophers have explored several connections between neuroscience and moral responsibility, the issue of how real-world neurological modifications, such as Deep Brain Stimulation, impact moral responsibility has received little attention. In this article, we draw on debates about the relevance of history and manipulation to moral responsibility to argue that certain kinds of neurological modification can diminish the responsibility of the agents so modified. We argue for a historicist position - a version of the history-sensitive reflection view - and defend (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   9 citations  
  • Incarceration, Direct Brain Intervention, and the Right to Mental Integrity – a Reply to Thomas Douglas.Jared N. Craig - 2016 - Neuroethics 9 (2):107-118.
    In recent years, direct brain interventions have shown increased success in manipulating neurobiological processes often associated with moral reasoning and decision-making. As current DBIs are refined, and new technologies are developed, the state will have an interest in administering DBIs to criminal offenders for rehabilitative purposes. However, it is generally assumed that the state is not justified in directly intruding in an offender’s brain without valid consent. Thomas Douglas challenges this view. The state already forces criminal offenders to go to (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   7 citations  
  • Memory Interventions in the Criminal Justice System: Some Practical Ethical Considerations.Laura Y. Cabrera & Bernice S. Elger - 2016 - Journal of Bioethical Inquiry 13 (1):95-103.
    In recent years, discussion around memory modification interventions has gained attention. However, discussion around the use of memory interventions in the criminal justice system has been mostly absent. In this paper we start by highlighting the importance memory has for human well-being and personal identity, as well as its role within the criminal forensic setting; in particular, for claiming and accepting legal responsibility, for moral learning, and for retribution. We provide examples of memory interventions that are currently available for medical (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  • What is Criminal Rehabilitation?Lisa Forsberg & Thomas Douglas - 2020 - Criminal Law and Philosophy 1:doi: 10.1007/s11572-020-09547-4.
    It is often said that the institutions of criminal justice ought or—perhaps more often—ought not to rehabilitate criminal offenders. But the term ‘criminal rehabilitation’ is often used without being explicitly defined, and in ways that are consistent with widely divergent conceptions. In this paper, we present a taxonomy that distinguishes, and explains the relationships between, different conceptions of criminal rehabilitation. Our taxonomy distinguishes conceptions of criminal rehabilitation on the basis of (i) the aims or ends of the putatively rehabilitative measure, (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  • Neural and Environmental Modulation of Motivation: What's the Moral Difference?Thomas Douglas - forthcoming - In David Birks & Thomas Douglas (eds.), Treatment for Crime: Philosophical Essays on Neurointerventions in Criminal Justice. Oxford: Oxford University Press.
    Interventions that modify a person’s motivations through chemically or physically influencing the brain seem morally objectionable, at least when they are performed nonconsensually. This chapter raises a puzzle for attempts to explain their objectionability. It first seeks to show that the objectionability of such interventions must be explained at least in part by reference to the sort of mental interference that they involve. It then argues that it is difficult to furnish an explanation of this sort. The difficulty is that (...)
    Direct download  
     
    Export citation  
     
    Bookmark   2 citations  
  • The Morality of Moral Neuroenhancement.Thomas Douglas - forthcoming - In Clausen Jens & Levy Neil (eds.), Handbook of 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 (...)
    Direct download (2 more)  
    Translate
     
     
    Export citation  
     
    Bookmark   9 citations  
  • Direct Vs. Indirect Moral Enhancement.G. Owen Schaefer - 2015 - Kennedy Institute of Ethics Journal 25 (3):261-289.
    Moral enhancement is an ostensibly laudable project. Who wouldn’t want people to become more moral? Still, the project’s approach is crucial. We can distinguish between two approaches for moral enhancement: direct and indirect. Direct moral enhancements aim at bringing about particular ideas, motives or behaviors. Indirect moral enhancements, by contrast, aim at making people more reliably produce the morally correct ideas, motives or behaviors without committing to the content of those ideas, motives and/or actions. I will argue, on Millian grounds, (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   23 citations  
  • Neurointerventions and Informed Consent.Sebastian Jon Holmen - 2021 - Journal of Medical Ethics 47 (12):86-86.
    It is widely believed that informed consent must be obtained from a patient for it to be morally permissible to administer to him/her a medical intervention. The same has been argued for the use of neurointerventions administered to criminal offenders. Arguments in favour of a consent requirement for neurointerventions can take two forms. First, according to absolutist views, neurointerventions should never be administered without an offender’s informed consent. However, I argue that these views are ultimately unpersuasive. The second, and more (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  • The Right to Bodily Integrity and the Rehabilitation of Offenders Through Medical Interventions: A Reply to Thomas Douglas.Elizabeth Shaw - 2019 - Neuroethics 12 (1):97-106.
    Medical interventions such as methadone treatment for drug addicts or “chemical castration” for sex offenders have been used in several jurisdictions alongside or as an alternative to traditional punishments, such as incarceration. As our understanding of the biological basis for human behaviour develops, our criminal justice system may make increasing use of such medical techniques and may become less reliant on incarceration. Academic debate on this topic has largely focused on whether offenders can validly consent to medical interventions, given the (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   11 citations  
  • Self-Control in Responsibility Enhancement and Criminal Rehabilitation.Polaris Koi, Susanne Uusitalo & Jarno Tuominen - 2018 - Criminal Law and Philosophy 12 (2):227-244.
    Ethicists have for the past 20 years debated the possibility of using neurointerventions to improve intelligence and even moral capacities, and thereby create a safer society. Contributing to a recent debate concerning neurointerventions in criminal rehabilitation, Nicole Vincent and Elizabeth Shaw have separately discussed the possibility of responsibility enhancement. In their ethical analyses, enhancing a convict’s capacity responsibility may be permissible. Both Vincent and Shaw consider self-control to be one of the constituent mental capacities of capacity responsibility. In this paper, (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  • Criminal Rehabilitation Through Medical Intervention: Moral Liability and the Right to Bodily Integrity.Thomas Douglas - 2014 - The Journal of Ethics 18 (2):101-122.
    Criminal offenders are sometimes required, by the institutions of criminal justice, to undergo medical interventions intended to promote rehabilitation. Ethical debate regarding this practice has largely proceeded on the assumption that medical interventions may only permissibly be administered to criminal offenders with their consent. In this article I challenge this assumption by suggesting that committing a crime might render one morally liable to certain forms of medical intervention. I then consider whether it is possible to respond persuasively to this challenge (...)
    Direct download (8 more)  
     
    Export citation  
     
    Bookmark   36 citations  
  • Offering Castration to Sex Offenders: The Significance of the State's Intentions.Elizabeth Shaw - 2014 - Journal of Medical Ethics 40 (9):594-595.
    In his thought-provoking article, John McMillan argues that the moral acceptability of offering surgical castration to imprisoned sex offenders depends partly on the state's intentions when making the offer.1 McMillan considers the situation where the prisoner will be detained for public protection for as long as he is considered dangerous and where the state and the offender both know that he may become non-dangerous sooner and qualify for early release if he accepts the offer of castration. Does the state, when (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  • Objections to Coercive Neurocorrectives for Criminal Offenders –Why Offenders’ Human Rights Should Fundamentally Come First.Lando Kirchmair - 2019 - Criminal Justice Ethics 38 (1):19-40.
  • Biocriminal Justice: Exploring Public Attitudes to Criminal Rehabilitation Using Biomedical Treatments.Robin Whitehead & Jennifer A. Chandler - 2020 - Neuroethics 13 (1):55-71.
    Biomedical interventions, such as pharmacological and neurological interventions, are increasingly being offered or considered for offer to offenders in the criminal justice system as a means of reducing recidivism and achieving offender rehabilitation through treatment. An offender’s consent to treatment may affect decisions about diversion from the criminal justice system, sentence or parole, and so hope for a preferable treatment in the criminal justice system may influence the offender’s consent. This thematic analysis of three focus group interviews conducted in Canada (...)
    Direct download (2 more)  
    Translate
     
     
    Export citation  
     
    Bookmark  
  • Neuro-Interventions as Criminal Rehabilitation: An Ethical Review.Jonathan Pugh & Thomas Douglas - 2017 - In Jonathan D. Jacobs & Jonathan Jackson (eds.), The Routledge Handbook of Criminal Justice Ethics. London: Routledge.
    According to a number of influential views in penal theory, 1 one of the primary goals of the criminal justice system is to rehabilitate offenders. Rehabilitativemeasures are commonly included as a part of a criminal sentence. For example, in some jurisdictions judges may order violent offenders to attend anger management classes or to undergo cognitive behavioural therapy as a part of their sentences. In a limited number of cases, neurointerventions — interventions that exert a direct biological effect on the brain (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   5 citations  
  • Extending Pereboom's Quarantine System.Nathan Houck - unknown
    Derk Pereboom argues that human beings do not have the kind of free will required for moral responsibility. Pereboom argues that we should use a system of incarceration for criminal offenders based on a quarantine analogy. Patients in quarantine scenarios are not responsible for their sickness, are separated from society because of the danger they pose, and are prepared for release as soon as possible. By analogy, criminal offenders should also be separated from society and rehabilitated to prepare them for (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark