Full Description
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.
Contents
Contributors
1. Law Viewed Through the Lens of Neurointerventions
Nicole A Vincent, Thomas Nadelhoffer, and Allan McCay
PART I. CONCEPTUAL, ETHICAL, AND JURISPRUDENTIAL ISSUES
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?
Frédéric 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 DL Computer Interfaces and Intimate Image Abuse
Allan McCay
PART II. PUNISHING PEOPLE
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
PART III. HEALING PEOPLE
11. "It Will Help You Repent": Why the Communicative Theory of Punishment Requires the Provision of Medications to Offenders With ADHD
William Bülow
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
PART IV. CHANGING PEOPLE
15. Make Me Gay: What Neurointerventions Tell Us About Sexual Orientation and Why It Matters for the Law
Andrew Vierra
PART V. ENHANCING PEOPLE
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
Index
