In light of technology that may reveal the content of a person’s innermost thoughts, I address the question of whether there is a right to ‘brain privacy’—a right not to have one’s inner thoughts revealed to others–even if exposing these thoughts might be beneficial to society. I draw on a conception of privacy as the ability to control who has access to information about oneself and to an account that connects one’s interest in privacy to one’s interests in autonomy and (...) associated reputational interests, and preserving one’s dignity. Focusing on the controversial case of Gilberto Valle, known as the ‘cannibal cop’, who faced legal punishment and moral reproach for deeply disturbing thoughts of doing violence to women, thoughts he claimed were mere fantasies, I argue that Valle has a right to brain privacy if he has a legitimate privacy interest that is not outweighed by competing societal interests in avoiding harm. Our weighing of competing privacy and societal interests will depend on the magnitude of the privacy interests in autonomy and dignity, and on how reliable the technology used to expose inner thoughts is in predicting future harmful behavior and identifying true threats. (shrink)

Should an adolescent offender be punished more leniently than an adult offender? Many theorists believe the answer to be in the affirmative. According to the diminished culpability model, adolescents are less mature than adults and, therefore, less responsible for their wrongdoings and should consequently be punished less harshly. This article concerns the first part of the model: the relation between immaturity and diminished responsibility. It is argued that this relation faces three normative challenges which do not allow for easy answers (...) and which are still widely ignored in the comprehensive discussion of the diminished culpability model. (shrink)

Neurolaw is a new, rapidly developing area of interdisciplinary research on the meaning and implications of neuroscience for the law and legal practices. In this article three recently published volumes in this field will be reviewed.

Regardless of formalization used, one on-going challenge for AI systems that model legal proceedings is accounting for contextual issues, particularly where judicial decisions are made in criminal cases. The law assumes a rational approach to rule application in deciding a defendant’s guilt; however, judges and juries can behave irrationally. What should a model prize: efficiency, accuracy, or fairness? Exactly whether and how to incorporate the psychology of courtroom interactions into formal models or expert systems has only just begun to be (...) examined in a serious fashion. Here, I outline data from the United States which suggest that trying to incorporate psychological biases into formal models of legal decision-making will be challenging. I focus on the use of neuroscience data in criminal trials, homing in on so-called group-to-individual inferences. I argue that data which should be the most effective at swaying judicial decisions are in fact those most likely not to make a difference in the disposition of the case. I conclude that judges often assign culpability by ignoring what our best science regarding how human decision-making occurs. (shrink)

Neuroimaging showing brain abnormalities is increasingly being introduced in criminal court proceedings to argue that a defendant could not control his behavior and should not be held responsible for it. But imaging has questionable probative value because it does not directly capture brain function or a defendant’s mental states at the time of a criminal act. Advanced techniques could transform imaging from a coarse-grained measure of correlations between brain states and behavior to a fine-grained measure of causal connections between them. (...) Even if this occurs, bias and other attitudes may unduly influence jurors’ interpretation of the data. Moreover, judges’ decisions about whether neuroimaging data is legally relevant and admissible are normative decisions based on more than empirical evidence. Advanced neuroimaging will better inform assessments of criminal responsibility but will not supplant or explain away the psychological and normative foundation of the criminal law. (shrink)

In recent years, several authors have debated about the justifiability of so-called scientific imperialism. To date, however, widespread disagreements remain regarding both the identification and the normative evaluation of scientific imperialism. In this paper, I aim to remedy this situation by making some conceptual distinctions concerning scientific imperialism and by providing a detailed assessment of the most prominent objections to it. I shall argue that these objections provide a valuable basis for opposing some instances of scientific imperialism, but do not (...) yield cogent reasons to think that scientific imperialism in general is objectionable or unjustified. I then highlight three wide-ranging implications of this result for the ongoing philosophical debate about the justifiability of scientific imperialism. (shrink)

According to several authors, the enhancement project incorporates a quest for hyperagency - i.e. a state of affairs in which virtually every constitutive aspect of agency (beliefs, desires, moods, dispositions and so forth) is subject to our control and manipulation. This quest, it is claimed, undermines the conditions for a meaningful and worthwhile life. Thus, the enhancement project ought to be forestalled or rejected. How credible is this objection? In this article, I argue: “not very”. I do so by evaluating (...) four different versions of the “hyperagency” objection from four different authors. In each case I argue that the objection either fails outright or, at best, provides weak and defeasible grounds for avoiding enhancement. In addition to this, I argue that there are plausible grounds for thinking that enhancement helps, rather than hinders, us in living the good life. (shrink)

Brain imaging technologies are increasingly used to find networks and brain regions that are specific to the functional realization of particular aspects of the self. In this paper, we aim to show how neuroscientific research and techniques could be used in the context of self-formation without treating them as representations of an inner realm. To do so, we show first how a Cartesian framework underlies the interpretation and usage of brain imaging technologies as functional evidence. To illustrate how material-technological inventions (...) and developments can have a significant and lasting impact on views of the self, we show how this framework was influenced by another technology: the camera obscura. Subsequently, we show that brain imaging technologies challenge the idea that privileged access to the self can be obtained merely through introspection, indicating a strong discontinuity between the Cartesian and the current neuroscientific framework. Building on these insights, we reframe the self in terms of self-formation. This view neither regards the brain as an independent realizer of aspects of the self, nor assumes that self-knowledge can be obtained through introspection. From this perspective, self-formation is realized throughcritical self-identification: instead of offering representational knowledge of an ‘inner self,’ the potential use of brain imaging technologies within this framework lies in their capacity to offer what we call ‘extrospective knowledge’ that pragmatically can contribute to self-formation. Brain imaging technologies contribute to this process because they foreground our neurophysiology, which helps to critically integrate biological aspects into self-formation. (shrink)