Nicole A Vincent - Böcker

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.

How should neuroscience, psychology and behavioral genetics impact legal responsibility practices?Recent findings from these fields are sometimes claimed to threaten the moral foundations of legal responsibility practices by revealing that determinism, or something like it, is true. On this account legal responsibility practices should be abolished because there is no room for such outmoded fictions as responsibility in an enlightened and scientifically-informed approach to the regulation of society.However, the chapters in this volume reject this claim and its related agenda of radical legal reform. Embracing instead a broadly compatibilist approach - one according to which responsibility hinges on psychological features of agents not on metaphysical features of the universe - this volume's authors demonstrate that the behavioral and mind sciences may impact legal responsibility practices in a range of different ways, for instance: by providing fresh insight into the nature of normal and pathological human agency, by offering updated medical and legal criteria for forensic practitioners as well as powerful new diagnostic and intervention tools and techniques with which to appraise and to alter minds, and by raising novel regulatory challenges.Science and law have been locked in a philosophical dialogue on the nature of human agency ever since the 13th century when a mental element was added to the criteria for legal responsibility. The rich story told by the 14 essays in this volume testifies that far from ending this philosophical dialogue, neuroscience, psychology and behavioral genetics have the potential to further enrich and extend this dialogue.

It is well over a decade since John Fischer and Mark Ravizza – and before them, Jay Wallace and Daniel Dennett – defended responsibility from the threat of determinism. But defending responsibility from determinism is a potentially endless and largely negative enterprise; it can go on for as long as dissenting voices remain, and although such work strengthens the theoretical foundations of these theories, it won’t necessarily build anything on top of those foundations, nor will it move these theories into new territory or explain how to apply them to practical contexts.To this end, the papers in this volume address these more positive challenges by exploring how compatibilist responsibility theory can be extended and/or applied in a range of practical contexts. For instance, how is the narrow philosophical concept of responsibility that was defended from the threat of determinism related to the plural notions of responsibility present in everyday discourse, and how might this more fine-grained understanding of responsibility open up new vistas and challenges for compatibilist theory? What light might compatibilism shed, and what light might be shed upon it, by political debates about access to public welfare in the context of responsibility for one’s own health, and by legal debates about the impact of self-intoxication on responsibility. Does compatibilist theory, which was originally designed to cater for analysis of individual actions, scale to scenarios that involve group action and collective responsibility — e.g. for harms due to human-induced climate change? This book’s chapters deal with a range of theoretical problems discussed in classic compatibilist literature — e.g. the relationship between responsibility and capacity, the role of historical tracing in discounting the exculpatory value of incapacities, and the justifiability of retributive punishment. But instead of motivating theirdiscussions by focusing on the alleged threat that determinism poses to responsibility, these chapters’ authors have animated their discussions by tackling important practical problems which crop up in contemporary debates about responsibility.