Neurointerventions and the Law: Regulating Human Mental Capacity

ISBN : 9780190651145

Nicole A Vincent; Thomas Nadelhoffer; Allan McCay
464 ページ
163 x 238 mm

This volume makes a contribution to the field of neurolaw by investigating issues raised by the development, use, and regulation of neurointerventions. The broad range of topics covered in these chapters reflects neurolaw's growing social import, and its rapid expansion as an academic field of inquiry. Some authors investigate the criminal justice system's use of neurointerventions to make accused defendants fit for trial, to help reform convicted offenders, or to make condemned inmates sane enough for execution, while others interrogate the use, regulation, and social impact of cognitive enhancement medications and devices. Issues raised by neurointervention-based gay conversion "therapy", efficacy and safety of specific neurointervention methods, legitimacy of their use and regulation, and their implications for authenticity, identity, and responsibility are among the other topics investigated. Dwelling on neurointerventions also highlights tacit assumptions about human nature that have important implications for jurisprudence. For all we know, at present such things as people's capacity to feel pain, their sexuality, and the dictates of their conscience, are unalterable. But neurointerventions could hypothetically turn such constants into variables. The increasing malleability of human nature means that analytic jurisprudential claims (true in virtue of meanings of jurisprudential concepts) must be distinguished from synthetic jurisprudential claims (contingent on what humans are actually like). Looking at the law through the lens of neurointerventions thus also highlights the growing need for a new distinction - between analytic jurisprudence and synthetic jurisprudence - to tackle issues that increasingly malleable humans will face when they encounter novel opportunities and challenges.


1. Law Viewed Through the Lens of Neurointerventions
Nicole A Vincent, Thomas Nadelhoffer, and Allan McCay
2. Cognitive Enhancement: Defending the Parity Principle
Neil Levy
3. Why Means Matter: Legally Relevant Differences Between Direct and Indirect Interventions into Other Minds
Jan Christoph Bublitz
4. Neuroprosthetics, Behavior Control, and Criminal Responsibility
Walter Glannon
5. Is There Anything Wrong With Using AI Implantable Brain Devices to Prevent Convicted Offenders from Reoffending?
Frederic Gilbert and Susan Dodds
6. Offering Neurointerventions to Offenders With Cognitive-Emotional Impairments: Ethical and Criminal Justice Aspects
Farah Focquaert, Kristof Van Assche, and Sigrid Sterckx
7. Diversion Courts, Traumatic Brain Injury, and American Vets
Valerie Gray Hardcastle
8. Neurobionic Revenge Porn and the Criminal Law: Brain - Computer Interfaces and Intimate Image Abuse
Allan McCay
9. Folk Jurisprudence and Neurointervention: An Interdisciplinary Investigation
Thomas Nadelhoffer, Daniela Goya- Tocchetto, Jennifer Cole Wright, and Quinn McGuire
10. Judicious Use of Neuropsychiatric Evidence When Sentencing Offenders With Addictive Behaviors: Implications for Neurointerventions
Andrew Dawson, Jennifer Chandler, Colin Gavaghan, Wayne Hall, and Adrian Carter
11. It Will Help You Repent: Why the Communicative Theory of Punishment Requires the Provision of Medications to Offenders With ADHD
William Bulow
12. Is It Really Ethical to Prescribe Antiandrogens to Sex Offenders to Decrease Their Risk of Recidivism?
Christopher James Ryan
13. Chemical Castration as Punishment
Katrina L. Sifferd
14. Foundational Facts for Legal Responsibility: Human Agency and the Aims of Restorative Neurointerventions
Paul Sheldon Davies
15. Make Me Gay: What Neurointerventions Tell Us About Sexual Orientation and Why It Matters for the Law
Andrew Vierra
16. Neuroenhancement, Coercion, and Neo- Luddism
Alexandre Erler
17. Neurointerventions and Business Law: On the Legal and Moral Issues of Neurotechnology in Business and How They Differ From the Criminal Law Context
Patrick D. Hopkins and Harvey L. Fiser


Nicole A Vincent, PhD is a Senior Lecturer in the Faculty of Transdisciplinary Innovation at University of Technology Sydney. She is also an Honorary Fellow in the Department of Philosophy at Macquarie University, and an Affiliate Member of its Centre for Agency, Values, and Ethics. She has published widely in neuroethics, neurolaw, philosophy of tort and criminal law, ethics, and political philosophy. Her current work also engages with topics in the philosophy and ethics of emerging technologies, futures, feminism, and gender studies. Thomas Nadelhoffer, PhD is an Associate Professor in the Philosophy Department at the College of Charleston, an affiliate member of the psychology department, and a roster faculty member in the neuroscience program. He has edited The Future of Punishment (Oxford University Press 2013) and co-edited Moral Psychology: Historical and Contemporary Readings (Wiley-Blackwell 2010). He has also published widely on topics ranging from action theory, free; will, moral psychology, neuroethics, criminal law, psychopathology, and punishment. Allan McCay, PhD teaches at the University of Sydney Foundation Program, and is a member of the Management Committee of the Julius Stone Institute of Jurisprudence at the University of Sydney Law School. He is also an Affiliate Member of the Centre for Agency, Values, and Ethics at Macquarie University. His research interests include neurolaw, free will and punishment, and legal and ethical issues related to emerging technologies. He co-edited Free Will and the Law: New Perspectives with Michael Sevel (Routledge 2019).