Since the 90’s, neurolaw is on the rise. At the heart of heated debates lies the recurrent theme of a neuro-revolution of criminal responsibility. However, caution should be observed: the alleged foundations of criminal responsibility (amongst which free will) are often inaccurate and the relative imperviousness of its real foundations to scientific facts often underestimated. Neuroscientific findings may impact on social institutions, but only insofar as they also engage in a political justification of the changes being called for, convince populations, (...) and take into consideration the ensuing consequences. Moreover, the many limits of neuroscientific tools call for increased vigilance when, if ever, using neuroscientific evidence in a courtroom. In this article, we aim at setting the basis for future sound debates on the contribution of neuroscience to criminal law, and in particular to the assessment of criminal responsibility. As such, we provide analytical tools to grasp the political and normative nature of criminal responsibility and review the current or projected use of neuroscience in the law, all the while bearing in mind the highly-publicized question: can neuroscience revolutionize criminal responsibility? Answering this question implicitly requires answering a second question: should neuroscience revolutionize the institution of criminal responsibility? Answering both, in turn, requires drawing the line between science and normativity, revolution and dialogue, fantasies and legitimate hopes. (shrink)

In this article, we suggest that the study of social interactions and the development of a “sense of agency” in joint action can help determine the content of relevant explanations to be implemented in artificial systems to make them “explainable.” The introduction of automated systems, and more broadly of Artificial Intelligence, into many domains has profoundly changed the nature of human activity, as well as the subjective experience that agents have of their own actions and their consequences – an experience (...) that is commonly referred to as sense of agency. We propose to examine the empirical evidence supporting this impact of automation on individuals’ sense of agency, and hence on measures as diverse as operator performance, system explicability and acceptability. Because of some of its key characteristics, AI occupies a special status in the artificial systems landscape. We suggest that this status prompts us to reconsider human–AI interactions in the light of human–human relations. We approach the study of joint actions in human social interactions to deduce what key features are necessary for the development of a reliable sense of agency in a social context and suggest that such framework can help define what constitutes a good explanation. Finally, we propose possible directions to improve human–AI interactions and, in particular, to restore the sense of agency of human operators, improve their confidence in the decisions made by artificial agents, and increase the acceptability of such agents. (shrink)