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.

This book addresses the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. The empirical, practical, ethical, and conceptual issues that Pardo and Patterson seek to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.

Are propositions of law true or false? If so, what does it mean to say that propositions of law are true and false? This book takes up these questions in the context of the wider philosophical debate over realism and anti-realism. Despite surface differences, Patterson argues that the leading contemporary jurisprudential theories all embrace a flawed conception of the nature of truth in law. Instead of locating that in virtue of which propositions of law are true, Patterson argues (...) that lawyers use forms of argument to show the truth of propositions of law. Additionally, Patterson argues that the realism/anti-realism debate in jurisprudence is part of a larger argument over the role of postmodernism in jurisprudence. For this, Patterson offers an analytic account of postmodernism and charts its implications for legal theory. This book will be of interest to those in legal theory, philosophy, social and political theory, and ethics. (shrink)

Stephen Morse’s illuminating scholarship on law and neuroscience relies on a “folk psychological” account of human behavior in order to defend the law’s foundations for ascribing legal responsibility. The heart of Morse’s account is the notion of “mental state causation,” in which mental states cause behavior. Morse argues that causation of this sort is necessary to support legal responsibility. We challenge this claim. First, we discuss problems with the conception of mental causation on which Morse appears to rely. Second, we (...) present an alternative account to explain the link between mental states, reasons, and actions. We argue that the alternative account avoids the conceptual problems that arise for Morse’s conception of mental causation and that it also undergirds ascriptions of legal responsibility. If the alternative succeeds, then Morse’s conception of “mental state causation” is not necessary to support legal responsibility. (shrink)

Taking up a single question--"What does it mean to say a proposition of law is true?"--this book advances a major new account of truth in law. Drawing upon the later philosophy of Wittgenstein, as well as more recent postmodern theory of the relationship between language, meaning, and the world, Patterson examines leading contemporary jurisprudential approaches to this question and finds them flawed in similar and previously unnoticed ways. He offers a powerful alternative account of legal justification, one in which (...) linguistic practice--the use of forms of legal argument--holds the key to legal meaning. (shrink)

The most prevalent approach to understanding recreation experiences in resource management has been a motivational research program that views satisfaction as an appropriate indicator of experience quality. This research explores a different approach to studying the quality of recreation experiences. Rather than viewing recreation experiences as a linear sequence of events beginning with expectations and ending with outcomes that are then cognitively compared to determine experience quality, this alternative approach views recreation as an emergent experience motivated by the not very (...) well-defined goal of acquiring stories that ultimately enrich one's life. Further, it assumes that the nature of human experience is best characterized by situated freedom in which the environment sets boundaries that constrain the nature of the experience, but that within those boundaries recreationists are free to experience the world in unique and variable ways. Therefore this alternative approach seeks a more context specific description of the setting/experience relationship that is intended to complement more general management frameworks (e.g., the Recreation Opportunity Spectrum) developed in conjunction with the motivational research program. (shrink)

This book critically reviews all principal contributions to the American animal rights debate by activists, campaigners, academics, and lawyers, while placing animal rights in context with other related and competing movements.

In this commentary, we focus on four points. First, we discuss the assertion that the unitary model explains dissociations that implicate multiple systems. Second, the distinct nature of information utilized in immediate- and delayed-recall supports the distinct memory systems view. Third, the variable nature of capacity limits corroborates this view. Finally, we review event-related fMRI results that suggest support for multiple systems.

Introduction to the Philosophy of Law: Readings and Cases employs a combination of case-based and theory-based materials to show novices in the field how the philosophy of law is related to concrete and actual legal practice. Ideal for undergraduates, it engages their curiosity about the law without sacrificing philosophical content. The authors emphasize a command of legal concepts and doctrine as a prelude to philosophical analysis. Designed to acquaint students with the fundamentals of jurisprudence and legal theory, Part I of (...) the book includes readings from influential philosophers representing eight different types of jurisprudence: natural law theory, positivism, constructivism, consequentialism, critical legal studies, feminist theory, practice theory, and new natural law theory. In Part II, the authors present a variety of cases that allow students to apply the theories in Part I to the actual practice of law. Unlike similar texts, which focus primarily on public law, this unique book addresses both private and public law, and includes cases on statutory interpretation, contract law, and tort law. Brief essays precede and discussion questions follow each case. Introduction to the Philosophy of Law: Readings and Cases serves as an exceptional text for courses in the philosophy of law, jurisprudence, and legal theory. (shrink)

At the invitation of the Editors, we wrote an article (entitled, “Minds, Brains, and Norms”) detailing our views on a variety of claims by those arguing for the explanatory power of neuroscience in matters of law and ethics. The Editors invited comments on our article from four distinguished academics (Walter Glannon, Carl Craver, Sarah Robins, and Thomas Nadelhoffer) and invited our reply to their critique of our views. In this reply to our commentators, we correct some potential misunderstandings of our (...) views and further clarify our positions with discussions of the conceptual-empirical distinction, rule-following, explanations at the personal and subpersonal levels, memory, and lie detection. Although we acknowledge many of the criticisms advanced by our distinguished colleagues, we conclude that, in several important respects, their criticisms confirm the points made in our original article. (shrink)

Formalised knowledge systems, including universities and research institutes, are important for contemporary societies. They are, however, also arguably failing humanity when their impact is measured against the level of progress being made in stimulating the societal changes needed to address challenges like climate change. In this research we used a novel futures-oriented and participatory approach that asked what future envisioned knowledge systems might need to look like and how we might get there. Findings suggest that envisioned future systems will need (...) to be much more collaborative, open, diverse, egalitarian, and able to work with values and systemic issues. They will also need to go beyond producing knowledge about our world to generating wisdom about how to act within it. To get to envisioned systems we will need to rapidly scale methodological innovations, connect innovators, and creatively accelerate learning about working with intractable challenges. We will also need to create new funding schemes, a global knowledge commons, and challenge deeply held assumptions. To genuinely be a creative force in supporting longevity of human and non-human life on our planet, the shift in knowledge systems will probably need to be at the scale of the enlightenment and speed of the scientific and technological revolution accompanying the second World War. This will require bold and strategic action from governments, scientists, civic society and sustained transformational intent. (shrink)

We estimate that 208,000 deep brain stimulation (DBS) devices have been implanted to address neurological and neuropsychiatric disorders worldwide. DBS Think Tank presenters pooled data and determined that DBS expanded in its scope and has been applied to multiple brain disorders in an effort to modulate neural circuitry. The DBS Think Tank was founded in 2012 providing a space where clinicians, engineers, researchers from industry and academia discuss current and emerging DBS technologies and logistical and ethical issues facing the field. (...) The emphasis is on cutting edge research and collaboration aimed to advance the DBS field. The Eighth Annual DBS Think Tank was held virtually on September 1 and 2, 2020 (Zoom Video Communications) due to restrictions related to the COVID-19 pandemic. The meeting focused on advances in: (1) optogenetics as a tool for comprehending neurobiology of diseases and on optogenetically-inspired DBS, (2) cutting edge of emerging DBS technologies, (3) ethical issues affecting DBS research and access to care, (4) neuromodulatory approaches for depression, (5) advancing novel hardware, software and imaging methodologies, (6) use of neurophysiological signals in adaptive neurostimulation, and (7) use of more advanced technologies to improve DBS clinical outcomes. There were 178 attendees who participated in a DBS Think Tank survey, which revealed the expansion of DBS into several indications such as obesity, post-traumatic stress disorder, addiction and Alzheimer’s disease. This proceedings summarizes the advances discussed at the Eighth Annual DBS Think Tank. (shrink)

“Racial capitalism” has surfaced during the past few decades in projects that highlight the production of difference in tandem with the production of capital—usually through violence. Scholars in this tradition typically draw their inspiration—and framework—from Cedric Robinson’s influential 1983 text, Black Marxism: The Making of the Black Radical Tradition. This article uses the work of Orlando Patterson to highlight some limits of “racial capitalism” as a theoretical project. First, the “racial capitalism” literature rarely clarifies what scholars mean by “race” (...) or “capitalism.” Second, some scholars using this conceptual language treat black subjectivity as a debilitated condition. An alleged byproduct of the Transatlantic slave trade, this debilitated form of black subjectivity derives from an African American exceptionalism that treats slavery as a form of abject status particular to capitalism without providing adequate theoretical justification or historical explanation. By contrast, we demonstrate how Patterson’s insights about property, status, and capital offer an analysis of slavery more attentive to race, gender, sexuality, age, and ability. We close by using the “forensics of capital” to explore the notions of causality and protocols for determining who owes what to whom implicit in Patterson’s concept of “social death.”. (shrink)

The just war tradition is an evolving body of tenets for determining when resorting to war is just and how war may be justly executed. Rethinking the Just War Tradition provides a timely exploration in light of new security threats that have emerged since the end of the Cold War, including ongoing conflicts in the Middle East, threats of terror attacks, and genocidal conflicts within states. The contributors are philosophers, political scientists, a U.S. Army officer, and a senior analyst at (...) the Center for Defense Information. They scrutinize some familiar themes in just war theory from fresh and original angles, and also explore altogether new territory. The diverse topics considered include war and the environment, justice in the ending of war, U.S. military hegemony, a general theory of just armed-conflict principles, supreme emergencies, the distinction between combatants and noncombatants, child soldiers, the moral equality of all soldiers, targeted assassination, preventive war, right authority, and armed humanitarian intervention. Clearly written and free of jargon, this book illustrates how the just war tradition can be rethought and applied today. Contributors include Mark Woods, Eric Patterson, Harry van der Linden, John Lango, Frederik Kaufman, Pauline Kaurin, Reuben Brigety II, Rachel Stohl, Michael Brough, Whitley Kaufman, Jordy Rocheleau, Hartley Spatt, and Robert Hoag. (shrink)

A number of non-equivalent definitions of slavery have been offered by historians, sociologists, bodies of international governance, and legal scholars. None is clearly adequate. Here I review extant definitions of slavery found in or suggested by Lovejoy, Patterson, Honoré, Bales, Ingram, and the League of Nations 1926 Slavery Convention, and argue that each is subject to counterexample. I then attempt to formulate and defend a more adequate definition, one focusing on consent, control, and the intentions of the slaveholder, and (...) relevant for the present as well as the past. (shrink)

This article uses Michael Rothberg’s Multidirectional Memory: Remembering the Holocaust in the Age of Decolonization to question whether or not Charles Patterson is justified in his comparison of the Holocaust with animal cruelty in Eternal Treblinka: Our Treatment of Animals and the Holocaust. It considers whether the comparison adheres to a competitive model of ethics or a multidirectional model.

Michael Pardo and Dennis Patterson have recently put forward several provocative and stimulating criticisms that strike at the heart of much work that has been done at the crossroads of neuroscience and the law. My goal in this essay is to argue that their criticisms of the nascent but growing field of neurolaw are ultimately based on questionable assumptions concerning the nature of the ever evolving relationship between scientific discovery and ordinary language. For while the marriage between ordinary (...) language and scientific discovery is admittedly not always a happy one, it is an awkward union that nevertheless seems to work itself out with the passage of time. In the following pages, I will try to show that Pardo and Patterson’s primary argumentative strategy ultimately depends on basic assumptions concerning the fixity of language that we should reject. (shrink)

EBONY PATTERSON, RUBEN MARTINEZ, LAURENT CRENSHAW, KARLA R. WILLIAMS, LARRY BROWN, TIFFANY HALL, KRISTEN M.J. HARRIS, MICHAEL SMITH, KHYLA CRAINE, NYAH CARMICHAEL, SHANNA DUBOSE, EBONY DAVIS, NICOLE BREWER, KARLA HARLIN, BRIAN HARRIS, KATRINA GIPSON, CANDICE B.N. REYNOLDS.

The aging of attentional and emotional functions has been extensively studied but relatively independently. Therefore, the relationships between aging and the interactions of attentional and emotional processes remain elusive. This study aimed to determine how age affected the interactions between attentional and emotional processes during adulthood. One-hundred forty adults aged 18–79 performed the emotional variant of the Attention Network Test, which probed alerting, orienting, and executive control in the presence and absence of threatening faces. During this task, contexts with varying (...) levels of task preparatory processes were created to modulate the effect of threatening faces on attention, and functional near-infrared spectroscopy (fNIRS) was used to examine the neural underpinnings of the behavioural effects. The behavioural results showed that aging was associated with a significant decline in alerting efficiency, and there was a statistical trend for age-related deficits in executive control. Despite these age differences, age did not significantly moderate the interactions among attentional networks or between attention and emotion. Additionally, the fNIRS results showed that decreased frontal cortex functioning might underlie the age-related decline in executive control. Therefore, while aging has varying effects on different attentional networks, the interactions of attentional and emotional processes remain relatively unaffected by age. (shrink)

Wedin addresses the debate over whether nonsubstantial individuals, that inhere in a subject but are not said of a subject, i.e. accidents, such as the pallor of Socrates, are nonrecurring particulars or a kind of determinate universal. Wedin examines the secondary literature on this topic and divides it into two schools of thought, determined by the contributions of J.L. Ackrill and G.E.L. Owen. According to Ackrill, individuals in non‐substance categories are particular to the substance they are in; Owen critiques Ackrill's (...) view, and proposes that these items can recur in more than one subject and hence are a sort of universal. Wedin finds Owen's thesis unsatisfactory, even after supplementing it with an improved version due to Michael Frede; instead, Wedin argues for a revised version of Ackrill's interpretation of nonsubstantial individuals as nonrecurrent particulars. According to Wedin, Aristotle is committed to individuals only—e.g. to Socrates and to the particular bit of pallor in him: this conclusion has an important bearing on the ontological status of individuals and on the primacy of substance to nonsubstantial items. (shrink)

Wedin considers the problem of the compatibility of the Categories account of primary substance with the theory of substantial form of the Metaphysics. Wedin collects from the secondary literature the most important arguments for incompatibilism, and offers some proposals for restoring their harmony. While admitting the evident differences in the way Aristotle treats the question of substance in each treatise, Wedin is keen to argue that these differences are not sufficient to conclude that the treatises are incompatible. Wedin singles out (...) for particular attention, and criticism, Michael Frede and Gunther Patzig's account of Metaphysics Zeta, according to which the primary substance of the Metaphysics and the basic subject of predications is the form. Wedin considers two ‘philosophical’ arguments and one ‘Aristotelian’ argument for the subjecthood of forms, and argues that the textual evidence does not support the claim that form is the subject of accidents. (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)

People from one cultural background often find themselves wondering how those from a different cultural background could willingly live the way they do and/or criticize others for living in the way they do. How are we to explain this kind of mutual incomprehension? Three different possible explanations will be considered. The first is that such mutual incomprehension is sourced in a moral flaw. The flaw might be in one of the cultures, as certain cultures might be premised on a moral (...) mistake. Alternatively, the flaw might be a feature of the incomprehending individuals. If only they tried harder, they would come to appreciate the other’s point of view. The second possibility is that such mutual incomprehension is the product of principled limits on the interpretation of someone from another culture. Contrary to the first possibility, there might be no way for people from different cultures to even understand each other, let alone find fault in each other, because the culturally mediated ways in which they understand the world are inaccessible to each other. The third possibility is that the mutual incomprehension is sourced in metaphysics. Contrary to the second possibility, there might be some non-metaphorical sense in which people from different cultures inhabit different worlds. The main task of the chapter is to describe and evaluate these three possibilities with a view to ruling out the third. (shrink)

Wedin considers the relation between the ontological commitment in the Categories and the semantical theory of underlying ontological configurations for standard categorical statements. According to Wedin, Aristotle's fourfold division of beings, which divides things according to whether they are, or are not, said of, and/or present in a subject, is a meta‐ontology that is concerned with beings per se, i.e. the fundamental things that are. Wedin explains that the primacy of c‐substance involves an asymmetry in the relation between c‐substance and (...) everything else, or between the substantial and the nonsubstantial. This is because there is an ontological dependence of non‐substances, and also of secondary substances, on substances: everything is either said of, or in, primary substance. The argument of this chapter, then, is that the world of the Categories is a world of individuals: all ontological relations needed for semantics can be accommodated by appeal to individuals only. (shrink)

Wedin argues that Aristotle makes form the substance of c‐substances because it is the essence of the c‐substance. Much of this chapter consists of a careful examination of a passage in Metaphysics Zeta 4, which Wedin calls the ‘New Primacy Passage’, that is crucial to Wedin's overall thesis, because here Aristotle appeals to a notion of definitional primacy, as opposed to the ontological primacy of the Categories. Z.4 focuses on this claim that form must be essence: Wedin argues that essence (...) is a certain kind of form, a form of a genus ; this does not mean ‘species’, as some commentators have thought. This is because the species is a combination of form and matter, whereas the genous eidos, Wedin argues, is the formal part only of the definition that applies to the thing. On Wedin's account, Aristotle introduces the notion of explanatory primacy of form in Z.4. (shrink)

Wedin offers an interpretation of Metaphysics Zeta 13, a very important and difficult chapter, where Aristotle apparently denies that substance is a universal, having, on most accounts, already claimed that form is substance, and that form is a universal. This interpretation of the argument of Z.13, Wedin argues, threatens the possibility of attaining a definition of substance, and places in doubt what has gone before in the treatise. According to Wedin, what Aristotle is concerned with in Z.13 is not the (...) denial that substance is a universal but rather with the denial that anything predicated universally of a c‐substance is the substance‐of the c‐substance, which Wedin calls ‘Weak proscription’. In Wedin's account of Z.13, then, Aristotle is continuing to pursue issues first raised in Z.10–11 that have to do with the relations between form and definition, and form and the universal. Wedin also argues that the dilemma at the conclusion of Z.13, regarding the definability of substance, is resolved in Z.16, with the notion of ‘Dual Complexity’, according to which the parts of a form exist potentially in the form, just as the parts of the c‐substance exist potentially in the c‐substance. (shrink)

Chapters 10 and 11 are critical to the argument of Metaphysics Zeta: these chapters are concerned with the purification of form. Z.10 introduces the apparatus of part and whole and consists of an argument to the end that form and its parts have priority over the other internal structural components of c‐substances, i.e. matter and the compound of form and matter; while in Z.11 Aristotle argues that form and its parts cannot involve any admixture of matter. Wedin argues that the (...) causal role of form presupposes its purity: if form is to explain why a certain portion of matter constitutes a c‐substance of a given kind, then matter—whether this latter is understood as functional, or remnant matter—cannot already be contained in the form. This is the ‘purity thesis’, as Wedin calls it: matter cannot be included in the definitions of natural organisms, Wedin points out, because that would make the explanandum a part of the principle that explains it. Wedin also argues that form must be sufficiently complex to provide definitions of the natures of particular compounds, which are complex, even though form itself is a kind of universal. (shrink)

In the Metaphysics, Aristotle often says that ‘form is substance’: in this chapter, Wedin argues that ‘substance’ in this context means the ‘substance‐of’ c‐substances. Wedin begins by examining Aristotle's use, and retention, of the framework of the Categories in Metaphysics Zeta, before turning to discuss Z.3, which is crucial to understanding the relation between the Categories and Metaphysics theories of substance, because it is usually thought that here Aristotle departs from the substance of the Categories. Wedin denies that Z.3 involves (...) a rejection of the Categories subjecthood criterion for primary substance: Aristotle rejects only the claim that one thing is the substance of another simply if it is the primary underlying subject of the other. Wedin argues that in Z.3 Aristotle introduces the idea of the ‘substance‐of’ a thing, and identifies as candidates for the substance of c‐substances the internal structural components form, matter, and the compound of form and matter. (shrink)

Wedin discusses Aristotle's claims in Metaphysics Zeta 6 that the essence of a thing is to be sought among its per se attributes, and that each thing that is primary and spoken of per se, e.g. primary substance, is the same as its essence. Wedin argues that the Zeta 6 Thesis, i.e. that the essence of a thing is the thing's immediate essence, is a crucial requirement of the explanatory role of essence as the substance of c‐substances. According to Wedin, (...) Aristotle introduces this requirement in order to establish that a thing's essence cannot depend on another essence. Form must be the essence; if form cannot explain the nature of the thing of which it is the form, there would be the threat of a regress of explanatory forms. At the end of the chapter, Wedin considers the problem that the identity of a thing and its essence is a requirement that can be met by non‐substance items, but he denies that this leads to a dilution of the conception of substance. (shrink)

This introduction treats the field of ethics in a new way. The main topic is normative ethics and in particular the ethics of moral right and wrong, and the emphasis is on the recently highlighted division or conflict between ethical rationalism and moral sentimentalism. Rationalism treats moral judgment and motivation as a matter of rational judgment, and its main practitioners have been Immanuel Kant and, more recently, the intuitionists H. A. Prichard and W. D. Ross. Philosophical weaknesses in intuitionism have (...) led recent rationalists to follow Kant's transcendental form of deontology, and this leads us to an examination of the Kant-influenced work of John Rawls and of his followers T. M. Scanlon and Stephen Darwall. After a critical examination of ethical rationalism, the book proceeds to consider the sentimentalist tradition, which goes all the way back to the Chinese philosopher Mencius and is more recently instanced in the writings of the eighteenth-century sentimentalist David Hume and in the work of feminist thinker Carol Gilligan. The sentimentalist tradition has potential strengths that have not been fully appreciated, and the book dwells on these. But it then goes on to show how Chinese thought in general offers a large philosophical context in which to make better sense of moral sentimentalism and of recent debates in normative ethics. (shrink)

Utilitarianism does best to approach justice, rationality, and various virtues in symmetric and impartialist fashion. A scalar form of utilitarianism that makes only comparative judgments of better and worse may be preferable for abstract theoretical purposes, though not in practice.

Utilitarianism is also underdetermined as a theory. It must be stated either in actualist form or in some sort of expectabilist terms. But neither choice seems preferable to the other, and this makes it difficult to settle on and defend any particular version of utilitarianism.