The concept of luck has played an important role in debates concerning free will and moral responsibility, yet participants in these debates have relied upon an intuitive notion of what luck is. Neil Levy develops an account of luck, which is then applied to the free will debate. He argues that the standard luck objection succeeds against common accounts of libertarian free will, but that it is possible to amend libertarian accounts so that they are no more vulnerable to luck (...) than is compatibilism. But compatibilist accounts of luck are themselves vulnerable to a powerful luck objection: historical compatibilisms cannot satisfactorily explain how agents can take responsibility for their constitutive luck; non-historical compatibilisms run into insurmountable difficulties with the epistemic condition on control over action. Levy argues that because epistemic conditions on control are so demanding that they are rarely satisfied, agents are not blameworthy for performing actions that they take to be best in a given situation. It follows that if there are any actions for which agents are responsible, they are akratic actions; but even these are unacceptably subject to luck. Levy goes on to discuss recent non-historical compatibilisms, and argues that they do not offer a viable alternative to control-based compatibilisms. He suggests that luck undermines our freedom and moral responsibility no matter whether determinism is true or not. (shrink)

Neuroscience has dramatically increased understanding of how mental states and processes are realized by the brain, thus opening doors for treating the multitude of ways in which minds become dysfunctional. This book explores questions such as when is it permissible to alter a person's memories, influence personality traits or read minds? What can neuroscience tell us about free will, self-control, self-deception and the foundations of morality? The view of neuroethics offered here argues that many of our new powers to read (...) ,alter and control minds are not entirely unparalleled with older ones. They have, however, expanded to include almost all our social, political and ethical decisions. Written primarily for graduate students, this book will appeal to anyone with an interest in the more philosophical and ethical aspects of the neurosciences. (shrink)

Neil Levy presents a new theory of freedom and responsibility. He defends a particular account of consciousness--the global workspace view--and argues that consciousness plays an especially important role in action. There are good reasons to think that the naïve assumption, that consciousness is needed for moral responsibility, is in fact true.

Implicit attitudes are mental states that appear sometimes to cause agents to act in ways that conflict with their considered beliefs. Implicit attitudes are usually held to be mere associations between representations. Recently, however, some philosophers have suggested that they are, or are very like, ordinary beliefs: they are apt to feature in properly inferential processing. This claim is important, in part because there is good reason to think that the vocabulary in which we make moral assessments of ourselves and (...) of others is keyed to folk psychological concepts, like ‘belief’, and not to concepts that feature only in scientific psychology: if implicit attitudes are beliefs there is a prima facie case for thinking that they can serve as the basis for particular kinds of moral assessment. In this paper I argue that while implicit attitudes have propositional structure, their sensitivity and responsiveness to other mental representations is too patchy and fragmented for them to properly be considered beliefs. Instead, they are a sui generis kind of mental state, a state I dub patchy endorsements. (shrink)

In the past two decades, epistemologists have significantly expanded the focus of their field. To the traditional question that has dominated the debate — under what conditions does belief amount to knowledge? — they have added questions about testimony, epistemic virtues and vices, epistemic trust, and more. This broadening of the range of epistemic concern has coincided with an expansion in conceptions of epistemic agency beyond the individualism characteristic of most earlier epistemology. We believe that these developments have not gone (...) far enough. While the weak anti-individualism we see in contemporary epistemology may be adequate for the kinds of cases it tends to focus on, a great deal of human knowledge production and transmission does not conform to these models. Furthermore, the dispositions and norms that are knowledge-conducive in the familiar cases may not be knowledge-conducive generally. In fact, dispositions that, at an individual level, count as epistemic vices may be epistemic virtues in common social contexts. We argue that this overlooked feature of human social life means that epistemology must become more deeply and pervasively social. (shrink)

There is a robust scientific consensus concerning climate change and evolution. But many people reject these expert views, in favour of beliefs that are strongly at variance with the evidence. It is tempting to try to explain these beliefs by reference to ignorance or irrationality, but those who reject the expert view seem often to be no worse informed or any less rational than the majority of those who accept it. It is also tempting to try to explain these beliefs (...) by reference to epistemic overconfidence. However, this kind of overconfidence is apparently ubiquitous, so by itself it cannot explain the difference between those who accept and those who reject expert views. Instead, I will suggest that the difference is in important part explained by differential patterns of epistemic deference, and these patterns, in turn, are explained by the cues that we use to filter testimony. We rely on cues of benevolence and competence to distinguish reliable from unreliable testifiers, but when debates become deeply politicized, asserting a claim may itself constitute signalling lack of reliability. (shrink)

This book challenges the view that bad beliefs - beliefs that blatantly conflict with easily available evidence - can largely be explained by widespread irrationality, instead arguing that ordinary people are rational agents whose beliefs are the result of their rational response to the evidence they're presented with.

The accusation of virtue signalling is typically understood as a serious charge. Those accused usually respond by attempting to show that they are doing no such thing. In this paper, I argue that we ought to embrace the charge, rather than angrily reject it. I argue that this response can draw support from cognitive science, on the one hand, and from social epistemology on the other. I claim that we may appropriately concede that what we are doing is virtue signalling, (...) because virtue signalling is morally appropriate. It neither expresses vices, nor is hypocritical, nor does it degrade the quality of public moral discourse. Signalling our commitment to norms is a central and justifiable function of moral discourse, and the same signals provide evidence that is appropriately taken into account in forming moral beliefs. (shrink)

I argue that the intellectualist account of knowledge-how, according to which agents have the knowledge-how to \ in virtue of standing in an appropriate relation to a proposition, is only half right. On the composition view defended here, knowledge-how at least typically requires both propositional knowledge and motor representations. Motor representations are not mere dispositions to behavior because they have representational content, and they play a central role in realizing the intelligence in knowledge-how. But since motor representations are not propositional, (...) propositional knowledge is not sufficient for knowledge-how. (shrink)

The question of the psychopath's responsibility for his or her wrongdoing has received considerable attention. Much of this attention has been directed toward whether psychopaths are a counterexample to motivational internalism (MI): Do they possess normal moral beliefs, which fail to motivate them? In this paper, I argue that this is a question that remains conceptually and empirically intractable, and that we ought to settle the psychopath's responsibility in some other way. I argue that recent empirical work on the moral (...) judgments of psychopaths provides us with good reason to think that they are not fully responsible agents, because their actions cannot express the kinds of ill-will toward others that grounds attributions of distinctively moral responsibility. I defend this view against objections, especially those due to an influential account of moral responsibility that holds that moral knowledge is not necessary for responsibility. (shrink)

There is good evidence that many people harbour attitudes that conflict with those they endorse. In the language of social psychology, they seem to have implicit attitudes that conflict with their explicit beliefs. There has been a great deal of attention paid to the question whether agents like this are responsible for actions caused by their implicit attitudes, but much less to the question whether they can rightly be described as racist in virtue of harbouring them. In this paper, I (...) attempt to answer this question using three different standards, providing by the three dominant kinds of accounts of racism. I argue that on none of these accounts should agents like this be described as racists. However, it would be misleading to say, without qualification, that they are not racists. On none of these accounts are agents like this entirely off the hook. (shrink)

No-platforming—the refusal to allow those who espouse views seen as inflammatory the opportunity to speak in certain forums—is very controversial. Proponents typically cite the possibility of harms to disadvantaged groups and, sometimes, epistemically paternalistic considerations. Opponents invoke the value of free speech and respect for intellectual autonomy in favor of more open speech, arguing that the harms that might arise from bad speech are best addressed by rebuttal, not silencing. In this article, I argue that there is a powerful consideration (...) in favor of no-platforming some speakers: allowing them a platform generates genuine higher-order evidence in favor of their claims. When that higher-order evidence would be misleading, we may reasonably believe it should not be generated. (shrink)

In 1997, a Scottish surgeon by the name of Robert Smith was approached by a man with an unusual request: he wanted his apparently healthy lower left leg amputated. Although details about the case are sketchy, the would-be amputee appears to have desired the amputation on the grounds that his left foot wasn’t part of him – it felt alien. After consultation with psychiatrists, Smith performed the amputation. Two and a half years later, the patient reported that his life had (...) been transformed for the better by the operation [1]. A second patient was also reported as having been satisfied with his amputation [2]. (shrink)

Some philosophers have criticized the use of psychopharmaceuticals on the grounds that even if these drugs enhance the person using them, they threaten their authenticity. Others have replied by pointing out that the conception of authenticity upon which this argument rests is contestable; on a rival conception, psychopharmaceuticals might be used to enhance our authenticity. Since, however, it is difficult to decide between these competing conceptions of authenticity, the debate seems to end in a stalemate. I suggest that we need (...) not resolve this debate to end the stalemate. New technologies which alter the self can be understood within the framework of the first conception of authenticity, I suggest, not as threatening the authentic self, but rather as bringing the outward appearance of the self into line with its deepest essence. Since psychopharmaceutical use can plausibly be understood on this model, it can be seen as enhancing our authenticity on either conception. (shrink)

It is universally accepted in bioethics that doctors and other medical professionals have an obligation to procure the informed consent of their patients. Informed consent is required because patients have the moral right to autonomy in furthering the pursuit of their most important goals. In the present work, it is argued that evidence from psychology shows that human beings are subject to a number of biases and limitations as reasoners, which can be expected to lower the quality of their decisions (...) and which therefore make it more difficult for them to pursue their most important goals by giving informed consent. It is further argued that patient autonomy is best promoted by constraining the informed consent procedure. By limiting the degree of freedom patients have to choose, the good that informed consent is supposed to protect can be promoted. (shrink)

I develop an account of weakness of the will that is driven by experimental evidence from cognitive and social psychology. I will argue that this account demonstrates that there is no such thing as weakness of the will: no psychological kind corresponds to it. Instead, weakness of the will ought to be understood as depletion of System II resources. Neither the explanatory purposes of psychology nor our practical purposes as agents are well-served by retaining the concept. I therefore suggest that (...) we ought to jettison it, in favour of the vocabulary and concepts of cognitive psychology. (shrink)

Accounts of moral responsibility can be divided into those that claim that attributability of an act, omission, or attitude to an agent is sufficient for responsibility for it, and those which hold that responsibility depends crucially on choice. I argue that accounts of the first, attributionist, kind fail to make room for the relatively stringent epistemic conditions upon moral responsibility, and that therefore an account of the second, volitionist, kind ought to be preferred. I examine the various arguments advanced on (...) behalf of attributionist accounts, and argue that for each of them volitionism has a reply that is in every case at least as, and often more, persuasive. Most significantly, only volitionism can accommodate the intuitively important distinction between the bad and the blameworthy. (shrink)

Governments, physicians, media and academics have all called for individuals to bear responsibility for their own health. In this article, I argue that requiring those with adverse health outcomes to bear responsibility for these outcomes is a bad basis for policy. The available evidence strongly suggests that the capacities for responsible choice, and the circumstances in which these capacities are exercised, are distributed alongside the kinds of goods we usually talk about in discussing distributive justice, and this distribution significantly explains (...) why people make bad health choices. These facts suggest that we cannot justifiably hold them responsible for these choices. We do better to hold responsible those who determine the ways in which capacities and circumstances are distributed: they are indirectly responsible for these adverse health outcomes and possess the capacities and resources to take responsibility for these facts. (shrink)

The claim that addiction is a brain disease is almost universally accepted among scientists who work on addiction. The claim’s attraction rests on two grounds: the fact that addiction seems to be characterized by dysfunction in specific neural pathways and the fact that the claim seems to the compassionate response to people who are suffering. I argue that neural dysfunction is not sufficient for disease: something is a brain disease only when neural dysfunction is sufficient for impairment. I claim that (...) the neural dysfunction that is characteristic of addiction is not sufficient for impairment, because people who suffer from that dysfunction are impaired, sufficiently to count as diseased, only given certain features of their context. Hence addiction is not a brain disease (though it is often a disease, and it may always involve brain dysfunction). I argue that accepting that addiction is not a brain disease does not entail a moralizing attitude toward people who suffer as a result of addiction; if anything, it allows for a more compassionate, and more effective, response to addiction. (shrink)

The aim of this article is to argue, by example, for neuroethics as a new way of doing ethics. Rather than simply giving us a new subject matter—the ethical issues arising from neuroscience—to attend to, neuroethics offers us the opportunity to refine the tools we use. Ethicists often need to appeal to the intuitions provoked by consideration of cases to evaluate the permissibility of types of actions; data from the sciences of the mind give us reason to believe that some (...) of these intuitions are less reliable than others. I focus on the doctrine of double effect to illustrate my case, arguing that experimental results suggest that appeal to it might be question-begging. The doctrine of double effect is supposed to show that there is a moral difference between effects that are brought about intentionally and those that are merely foreseen; I argue that the data suggest that we regard some effects as merely foreseen only because we regard bringing them about as permissible. Appeal to the doctrine of double effect therefore cannot establish that there are such moral differences. (shrink)

A number of concerns have been raised about the possible future use of pharmaceuticals designed to enhance cognitive, affective, and motivational processes, particularly where the aim is to produce morally better decisions or behavior. In this article, we draw attention to what is arguably a more worrying possibility: that pharmaceuticals currently in widespread therapeutic use are already having unintended effects on these processes, and thus on moral decision making and morally significant behavior. We review current evidence on the moral effects (...) of three widely used drugs or drug types: propranolol, selective serotonin reuptake inhibitors, and drugs that effect oxytocin physiology. This evidence suggests that the alterations to moral decision making and behavior caused by these agents may have important and difficult-to-evaluate consequences, at least at the population level. We argue that the moral effects of these and other widely used pharmaceuticals warrant further empirical research and ethical analysis. (shrink)

A key source of support for the view that challenging people’s beliefs about free will may undermine moral behavior is two classic studies by Vohs and Schooler (2008). These authors reported that exposure to certain prompts suggesting that free will is an illusion increased cheating behavior. In the present paper, we report several attempts to replicate this influential and widely cited work. Over a series of five studies (sample sizes of N = 162, N = 283, N = 268, N (...) = 804, N = 982) (four preregistered) we tested the relationship between (1) anti-free-will prompts and free will beliefs and (2) free will beliefs and immoral behavior. Our primary task was to closely replicate the findings from Vohs and Schooler (2008) using the same or highly similar manipulations and measurements as the ones used in their original studies. Our efforts were largely unsuccessful. We suggest that manipulating free will beliefs in a robust way is more difficult than has been implied by prior work, and that the proposed link with immoral behavior may not be as consistent as previous work suggests. (shrink)

In this article we survey six recent developments in the philosophical literature on free will and moral responsibility: (1) Harry Frankfurt's argument that moral responsibility does not require the freedom to do otherwise; (2) the heightened focus upon the source of free actions; (3) the debate over whether moral responsibility is an essentially historical concept; (4) recent compatibilist attempts to resurrect the thesis that moral responsibility requires the freedom to do otherwise; (5) the role of the control condition in free (...) will and moral responsibility, and finally (6) the debate centering on luck. (shrink)

Centre for Applied Philosophy and Public Ethics University of Melbourne, Parkville, 3010, Australia and.

An influential model holds that obsessive–compulsive disorder is caused by distinctive personality traits and belief biases. But a substantial number of sufferers do not manifest these traits. I propose a predictive coding account of the disorder, which explains both the symptoms and the cognitive traits. On this account, OCD centrally involves heightened and dysfunctionally focused attention to normally unattended sensory and motor representations. As these representations have contents that predict catastrophic outcomes, patients are disposed to engage in behaviors and mental (...) rituals designed to forestall these outcomes or to produce more precise information. The same representations also cause the cognitive traits characteristic of sufferers. (shrink)

Recent work in neuroimaging suggests that some patients diagnosed as being in the persistent vegetative state are actually conscious. In this paper, we critically examine this new evidence. We argue that though it remains open to alternative interpretations, it strongly suggests the presence of consciousness in some patients. However, we argue that its ethical significance is less than many people seem to think. There are several different kinds of consciousness, and though all kinds of consciousness have some ethical significance, different (...) kinds underwrite different kinds of moral value. Demonstrating that patients have phenomenal consciousness — conscious states with some kind of qualitative feel to them — shows that they are moral patients, whose welfare must be taken into consideration. But only if they are subjects of a sophisticated kind of access consciousness — where access consciousness entails global availability of information to cognitive systems — are they persons, in the technical sense of the word employed by philosophers. In this sense, being a person is having the full moral status of ordinary human beings. We call for further research which might settle whether patients who manifest signs of consciousness possess the sophisticated kind of access consciousness required for personhood. (shrink)

The extended mind thesis is the claim that mental states extend beyond the skulls of the agents whose states they are. This seemingly obscure and bizarre claim has far-reaching implications for neuroethics, I argue. In the first half of this article, I sketch the extended mind thesis and defend it against criticisms. In the second half, I turn to its neuroethical implications. I argue that the extended mind thesis entails the falsity of the claim that interventions into the brain are (...) especially problematic just because they are internal interventions, but that many objections to such interventions rely, at least in part, on this claim. Further, I argue that the thesis alters the focus of neuroethics, away from the question of whether we ought to allow interventions into the mind, and toward the question of which interventions we ought to allow and under what conditions. The extended mind thesis dramatically expands the scope of neuroethics: because interventions into the environment of agents can count as interventions into their minds, decisions concerning such interventions become questions for neuroethics. (shrink)

Much of what we know we know through testimony, and knowing on the basis of testimony requires some degree of trust in speakers. Trust is therefore very valuable. But in trusting, we expose ourselves to risks of harm and betrayal. It is therefore important to trust well. In this paper, I discuss two recent cases of the betrayal of trust in (broadly) academic contexts: one involving hoax submissions to journals, the other faking an identity on social media. I consider whether (...) these betrayals suggest that we ought to be less trusting in contexts like these. I argue that we should not: the acquisition of knowledge is dependent on trust, and we cannot intentionally reduce the extent to which we trust in these kinds of contexts without risking destroying it utterly. Instead, we must trust in our epistemic networks and the way they work to filter out deception. (shrink)

Consciousness, or its lack, is often invoked in debates in applied and normative ethics. Conscious beings are typically held to be significantly more morally valuable than non-consious, so that establishing whether a being is conscious becomes of critical importance. In this paper, I argue that the supposition that phenomenal consciousness explains the value of our experiences or our lives, and the moral value of beings who are conscious, is less well-grounded than is commonly thought. A great deal of what matters (...) to us and about us can be explained by functional and representational properties that may not be sufficient for phenomenal consciousness. I conclude with some reflections on how these claims might affect debates in ethics. (shrink)

Doxastic responsibility matters, morally and epistemologically. Morally, because many of our intuitive ascriptions of blame seem to track back to agents’ apparent responsibility for beliefs; epistemologically because some philosophers identify epistemic justification with deontological permissibility. But there is a powerful argument which seems to show that we are rarely or never responsible for our beliefs, because we cannot control them. I examine various possible responses to this argument, which aim to show either that doxastic responsibility does not require that we (...) control our beliefs, or that as a matter of fact we do exercise the right kind of control over our beliefs. I argue that the existing arguments are all wanting: in fact, our lack of control over our beliefs typically excuses us of responsibility for them. (shrink)

The recent debate over the moral responsibility of psychopaths has centered on whether, or in what sense, they understand moral requirements. In this paper, I argue that even if they do understand what morality requires, the content of their actions is not of the right kind to justify full-blown blame. I advance two independent justifications of this claim. First, I argue that if the psychopath comes to know what morality requires via a route that does not involve a proper appreciation (...) of what it means to cause another harm or distress, the content of violations of rules against harm will be of a lower grade than the content of similar actions by normal individuals. Second, I argue that in order to intend a harm to a person?that is, to intend the distinctive kind of harm that can only befall a person?it is necessary to understand what personhood is and what makes it valuable. The psychopath's deficits with regard to mental time travel ensure that s/he cannot intend this kind of harm. (shrink)

So-called downshifters seek more meaningful lives by decreasing the amount of time they devote to work, leaving more time for the valuable goods of friendship, family and personal development. But though these are indeed meaning-conferring activities, they do not have the right structure to count as superlatively meaningful. Only in work – of a certain kind – can superlative meaning be found. It is by active engagements in projects, which are activities of the right structure, dedicated to the achievement of (...) goods beyond ourselves, that we make our lives superlatively meaningful. (shrink)

Disorders of volition are often accompanied by, and may even be caused by, disruptions in the phenomenology of agency. Yet the phenomenology of agency is at present little explored. In this paper we attempt to describe the experience of normal agency, in order to uncover its representational content.

A number of writers have tackled the task of characterizing the differences between analytic and Continental philosophy.I suggest that these attempts have indeed captured the most important divergences between the two styles but have left the explanation of the differences mysterious.I argue that analytic philosophy is usefully seen as philosophy conducted within a paradigm, in Kuhn’s sense of the word, whereas Continental philosophy assumes much less in the way of shared presuppositions, problems, methods and approaches.This important opposition accounts for all (...) those features that have rightly been held to constitute the difference between the two traditions.I finish with some reflections on the relative superiority of each tradition and by highlighting the characteristic deficiencies of each. (shrink)

Abstract The typical explanation of an event or process which attracts the label ‘conspiracy theory’ is an explanation that conflicts with the account advanced by the relevant epistemic authorities. I argue that both for the layperson and for the intellectual, it is almost never rational to accept such a conspiracy theory. Knowledge is not merely shallowly social, in the manner recognized by social epistemology, it is also constitutively social: many kinds of knowledge only become accessible thanks to the agent's embedding (...) in an environment that includes other epistemic agents. Moreover, advances in knowledge typically require ongoing immersion in this social environment. But the intellectual who embraces a conspiracy theory risks cutting herself off from this environment, and therefore epistemically disabling herself. Embracing a conspiracy theory therefore places at risk the ability to engage in genuine enquiry, including the enquiry needed properly to evaluate the conspiracy theory. (shrink)

This project has been supported by the Australian Government through the Australian Research Council (project number CS170100008); the Department of Industry, Innovation and Science; and the Department of Prime Minister and Cabinet. ACOLA collaborates with the Australian Academy of Health and Medical Sciences and the New Zealand Royal Society Te Apārangi to deliver the interdisciplinary Horizon Scanning reports to government. The aims of the project which produced this report are: 1. Examine the transformative role that artificial intelligence may play in (...) different sectors of the economy, including the opportunities, risks and challenges that advancement presents. 2. Examine the ethical, legal and social considerations and frameworks required to enable and support broad development and uptake of artificial intelligence. 3. Assess the future education, skills and infrastructure requirements to manage workforce transition and support thriving and internationally competitive artificial intelligence industries. (shrink)

Addiction is almost universally held to be characterized by a loss of control over drug-seeking and consuming behavior. But the actions of addicts, even of those who seem to want to abstain from drugs, seem to be guided by reasons. In this paper, I argue that we can explain this fact, consistent with continuing to maintain that addiction involves a loss of control, by understanding addiction as involving an oscillation between conflicting judgments. I argue that the dysfunction of the mesolimbic (...) dopamine system that typifies addictions causes the generation of a mismatch between the top-down model of the world that reflects the judgment that the addict ought to refrain from drugs, and bottom-up input caused by cues predictive of drug availability. This constitutes a powerful pressure toward revising the judgment and thereby attenuating the prediction error. But the new model is not stable, and shifts under the pressure of bottom-up inputs in different contexts; hence the oscillation of all-things-considered judgment. Evidence from social psychology is adduced, to suggest that a similar process may be involved in ordinary cases of weakness of will. (shrink)

Actions performed in a state of automatism are not subject to moral evaluation, while automatic actions often are. Is the asymmetry between automatistic and automatic agency justified? In order to answer this question we need a model or moral accountability that does justice to our intuitions about a range of modes of agency, both pathological and non-pathological. Our aim in this paper is to lay the foundations for such an account.

The recent debate over the moral responsibility of psychopaths has centered on whether, or in what sense, they understand moral requirements. In this paper, I argue that even if they do understand what morality requires, the content of their actions is not of the right kind to justify full-blown blame. I advance two independent justifications of this claim. First, I argue that if the psychopath comes to know what morality requires via a route that does not involve a proper appreciation (...) of what it means to cause another harm or distress, the content of violations of rules against harm will be of a lower grade than the content of similar actions by normal individuals. Second, I argue that in order to intend a harm to a person—that is, to intend the distinctive kind of harm that can only befall a person—it is necessary to understand what personhood is and what makes it valuable. The psychopath's deficits with regard to mental time travel ensure that s/he cannot intend this kind of harm. (shrink)

This article presents a model for regulating cognitive enhancement devices. Recently, it has become very easy for individuals to purchase devices which directly modulate brain function. For example, transcranial direct current stimulators are increasingly being produced and marketed online as devices for cognitive enhancement. Despite posing risks in a similar way to medical devices, devices that do not make any therapeutic claims do not have to meet anything more than basic product safety standards. We present the case for extending existing (...) medical device legislation to cover CEDs. Medical devices and CEDs operate by the same or similar mechanisms and pose the same or similar risks. This fact coupled with the arbitrariness of the line between treatment and enhancement count in favour of regulating these devices in the same way. In arguing for this regulatory model, the paper highlights potential challenges to its implementation, and suggests solutions. (shrink)