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The Law and Ethics of Freedom of Thought, Volume 1
Freedom of thought is one of the great and venerable notions of Western thought, often celebrated in philosophical texts – and described as a crucial right in American, European, and International Law, and in that of other jurisdictions. What it means more precisely is, however, anything but clear; surprisingly little writing has been devoted to it. In the past, perhaps, there has been little need for such elaboration. As one Supreme Court Justice stressed, “[f]reedom to think is absolute of its own nature” because even “the most tyrannical government is powerless to control the inward workings of the mind.” But the rise of brain scanning, cognition enhancement, and other emerging technologies make this question a more pressing one. This volume provides an interdisciplinary exploration of how freedom of thought might function as an ethical principle and as a constitutional or human right. It draws on philosophy, legal analysis, history, and reflections on neuroscience and neurotechnology to explore what respect for freedom of thought (or an individual’s cognitive liberty or autonomy) requires.
Clinical Neurotechnology meets Artificial Intelligence
Neurotechnologies such as brain-computer interfaces (BCIs), which allow technical devices to be used with the power of thought or concentration alone, are no longer a futuristic dream or, depending on the viewpoint, a nightmare. Moreover, the combination of neurotechnologies and AI raises a host of pressing problems. Now that these technologies are about to leave the laboratory and enter the real world, these problems and implications can and should be scrutinized. This volume brings together scholars from a wide range of academic disciplines such as philosophy, law, the social sciences and neurosciences, and is unique in terms of both its focus and its methods. The latter vary considerably,...
Neurointerventions and the Law
"The development of modern diagnostic neuroimaging techniques led to discoveries about the human brain and mind that helped give rise to the field of neurolaw. This new interdisciplinary field has led to novel directions in analytic jurisprudence and philosophy of law by providing an empirically-informed platform from which scholars have reassessed topics such as mental privacy and self-determination, responsibility and its relationship to mental disorders, and the proper aims of the criminal law. Similarly, the development of neurointervention techniques that promise to deliver new ways of altering people's minds (by intervening in their brains) creates opportunities and challenges that raise important and rich conceptual, moral, jurisprudential, and scientific questions. The specific purpose of this volume is to make a contribution to the field of neurolaw by investigating the legal issues raised by the development and use of neurointerventions (actual, proposed, and potential)"--
Policy, Identity, and Neurotechnology
In this volume the authors explore the landscape of thought on the ethical and policy implications of Brain Computer Interface (BCI) technology. BCI technology is a promising and rapidly advancing research area. Recent developments in the technology, based on animal and human studies, allow for the restoration and potential augmentation of faculties of perception and physical movement, and even the transfer of information between brains. Brain activity can be interpreted through both invasive and non-invasive monitoring devices, allowing for novel, therapeutic solutions for individuals with disabilities and for other non-medical applications. However, a number of ethical and policy issues ha...
The Oxford Handbook of Philosophy of Technology
The Oxford Handbook of Philosophy of Technology gives readers a view into this increasingly vital and urgently needed domain of philosophical understanding, offering an in-depth collection of leading and emerging voices in the philosophy of technology. The thirty-two contributions in this volume cut across and connect diverse philosophical traditions and methodologies. They reveal the often-neglected importance of technology for virtually every subfield of philosophy, including ethics, epistemology, philosophy of science, metaphysics, aesthetics, philosophy of language, and political theory. The Handbook also gives readers a new sense of what philosophy looks like when fully engaged with the...
Constitutional Challenges in the Algorithmic Society
How can the law address the constitutional challenges of the algorithmic society? This volume provides possible solutions.
Criminal Law Without Punishment
How can criminal punishment be morally justified? Zisman addresses this classical question in legal philosophy. He provides two maybe surprising answers to the question. First, as for a methodological claim, it argues that this question cannot be answered by philosophers and legal scholars alone. Rather, we need to take into account research from social psychology, economy, anthropology, and so on in order to properly analyze the arguments in defense of criminal punishment. Second, the book argues that when such research is properly accounted for, none of the current attempts to justify criminal punishment succeed. But that does not imply that the state should do nothing about criminal wrongdoing. Rather, the arguments that were supposed to justify criminal punishment actually speak in favor of an alternative approach to criminal law: restitution to the victim and restorative justice. That is to say, the state should coerce offenders to provide restitution for the harm inflicted on victims, and whenever possible restorative approaches should be taken to address criminal wrongdoing.
Neurointerventions, Crime, and Punishment
Advances in new neuroscientific research tools and technologies have not only led to new insight into the processes of the human brain, they have also refined and provided genuinely new ways of modifying and manipulating the human brain. The aspiration of such interventions is to affect conative, cognitive, and affective brain processes associated with emotional regulation, empathy, and moral judgment. Can the use of neuroscientific technologies for influencing the human functioning brain as a means of preventing offenders from engaging in future criminal conduct be justified? In Neurointerventions, Crime, and Punishment, Jesper Ryberg considers various ethical challenges surrounding this qu...
Treatment for Crime
Preventing recidivism is one of the aims of criminal justice, yet existing means of pursuing this aim are often poorly effective, highly restrictive of basic freedoms, and significantly harmful. Incarceration, for example, tends to be disruptive of personal relationships and careers, detrimental to physical and mental health, restrictive of freedom of movement, and rarely more than modestly effective at preventing recidivism. Crime-preventing neurointerventions (CPNs) are increasingly being advocated, and there is a growing use of testosterone-lowering agents to prevent recidivism in sexual offenders, and strong political and scientific interest in developing pharmaceutical treatments for ps...
The Voice of Public Theology
Public theologians are already thundering like prophets at climate change and racial injustice. But the gale force winds of natural science blow through society as well. The public theologian should be on storm watch.
