Neurointerventions and the Law

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, freewill, 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).

A wave of new and proposed technologies to alter the brain have enlivened debate about when interventions should be considered morally and legally permissible. The editors have assembled a top-notch group of international contributors with the philosophical and scientific knowledge to make real progress. The contributions are wide-ranging, insightful, and rigorous and should be read by scholars, students, and thoughtful laypeople interested in how new technologies are shaping and will continue to shape law, medicine, and society more generally." -Adam Kolber, Professor of Law, Brooklyn Law School

• Contributors1. Law Viewed Through the Lens of Neurointerventions Nicole A Vincent, Thomas Nadelhoffer, and Allan McCayPART I. CONCEPTUAL, ETHICAL, AND JURISPRUDENTIAL ISSUES2. Cognitive Enhancement: Defending the Parity Principle Neil Levy3. Why Means Matter: Legally Relevant Differences Between Direct and Indirect Interventions into Other Minds Jan Christoph Bublitz4. Neuroprosthetics, Behavior Control, and Criminal Responsibility Walter Glannon5. Is There Anything Wrong With Using AI Implantable Brain Devices to Prevent Convicted Offenders from Reoffending? Frédéric Gilbert and Susan Dodds6. Offering Neurointerventions to Offenders With Cognitive-Emotional Impairments: Ethical and Criminal Justice Aspects Farah Focquaert, Kristof Van Assche, and Sigrid Sterckx7. Diversion Courts, Traumatic Brain Injury, and American Vets Valerie Gray Hardcastle8. Neurobionic Revenge Porn and the Criminal Law: Brain DL Computer Interfaces and Intimate Image Abuse Allan McCayPART II. PUNISHING PEOPLE9. 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 CarterPART III. HEALING PEOPLE11. "It Will Help You Repent": Why the Communicative Theory of Punishment Requires the Provision of Medications to Offenders With ADHD William Bülow12. Is It Really Ethical to Prescribe Antiandrogens to Sex Offenders to Decrease Their Risk of Recidivism? Christopher James Ryan13. Chemical Castration as Punishment Katrina L. Sifferd14. Foundational Facts for Legal Responsibility: Human Agency and the Aims of Restorative Neurointerventions Paul Sheldon DaviesPART IV. CHANGING PEOPLE15. Make Me Gay: What Neurointerventions Tell Us About Sexual Orientation and Why It Matters for the Law Andrew VierraPART V. ENHANCING PEOPLE16. Neuroenhancement, Coercion, and Neo- Luddism Alexandre Erler17. 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. FiserIndex