Palgrave Studies in Law, Neuroscience, and Human Behavior – serie

This edited book provides an in-depth examination of the implications of neuroscience for the criminal justice system. It draws together experts from across law, neuroscience, medicine, psychology, criminology, and ethics, and offers an important contribution to current debates at the intersection of these fields. It examines how neuroscience might contribute to fair and more effective criminal justice systems, and how neuroscientific insights and information can be integrated into criminal law in a way that respects fundamental rights and moral values.The book’s first part approaches these questions from a legal perspective, followed by ethical accounts in part two. Its authors address a wide range of topics and approaches: some more theoretical, like those regarding the foundations of punishment; others are more practical, like those concerning the use of brain scans in the courtroom. Together, they illustrate the thoroughly interdisciplinary nature of the debate, in which science, law and ethics are closely intertwined. It will appeal in particular to students and scholars of law, neuroscience, criminology, socio-legal studies and philosophy.Chapter 8 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

This edited book provides an in-depth examination of the implications of neuroscience for the criminal justice system. It draws together experts from across law, neuroscience, medicine, psychology, criminology, and ethics, and offers an important contribution to current debates at the intersection of these fields. It examines how neuroscience might contribute to fair and more effective criminal justice systems, and how neuroscientific insights and information can be integrated into criminal law in a way that respects fundamental rights and moral values.The book’s first part approaches these questions from a legal perspective, followed by ethical accounts in part two. Its authors address a wide range of topics and approaches: some more theoretical, like those regarding the foundations of punishment; others are more practical, like those concerning the use of brain scans in the courtroom. Together, they illustrate the thoroughly interdisciplinary nature of the debate, in which science, law and ethics are closely intertwined. It will appeal in particular to students and scholars of law, neuroscience, criminology, socio-legal studies and philosophy.Chapter 8 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

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.

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.

This book takes the reader from basic questions like “What is health?” and “What is a psychiatric disorder?”, into the midst of people’s present mental health and enhancement choices. More and more people receive psychiatric diagnoses and the use of psychopharmacological drugs keeps increasing. Concurrently, media report the popularity of “brain doping” or “study drugs” on campuses as well as at the workplace. This open access book tests the hypothesis of whether mental health and enhancement can be seen as two sides of the same coin: that the demands on cognitive and emotional functioning have been increasing and psychoactive substances are used to meet these demands.Whether the increasing number of diagnoses means that really more people are suffering from psychological problems will be discussed just as whether the media accurately describe “brain doping” as a new and rising trend. An individual section describes non-pharmacological alternatives to maintain and increase one’smental well-being. To answer these and many more questions, the author critically reviews evidence from epidemiology, psychiatry, and psychology.That people with and without psychiatric diagnoses are often using the same substances – for example, the stimulant drugs Adderall or Ritalin – to cope with their problems is presented as evidence to look beyond the traditional distinction between disorder, health, and enhancement. Likewise, different meanings of “drug” in historical and present contexts illustrate that the way we think of mental health and (il)legitimate drug use reflects our own culture. The book’s focus on addiction/substance use disorders makes it also relevant to the ongoing discussion of drug policy.

This open access book is the first to offer a systematic overview of the different methods for assessing brain development and a comparative review of how such assessments have already influenced the law. Lawmakers prefer to draw clear distinctions, but biology is characterized by continua: both in terms of how development proceeds within a person and how it differs from other people. However, this does not mean that age limits are arbitrary. This book extends the author's previous research on the Dutch juvenile criminal law, which was founded on the brain development of adolescents and has been in use for more than a decade. The role of age limits in death and life sentences in the US and the new cannabis legislation in Germany are also analyzed in depth. This project combines biological, psychological and social knowledge and puts forward a pragmatic proposal to connect the two fields of brain development and law. It will be of interest to researchers, professionals (e.g. judges, legislators) and students alike.

This open access book is the first to offer a systematic overview of the different methods for assessing brain development and a comparative review of how such assessments have already influenced the law. Lawmakers prefer to draw clear distinctions, but biology is characterized by continua: both in terms of how development proceeds within a person and how it differs from other people. However, this does not mean that age limits are arbitrary. This book extends the author's previous research on the Dutch juvenile criminal law, which was founded on the brain development of adolescents and has been in use for more than a decade. The role of age limits in death and life sentences in the US and the new cannabis legislation in Germany are also analyzed in depth. This project combines biological, psychological and social knowledge and puts forward a pragmatic proposal to connect the two fields of brain development and law. It will be of interest to researchers, professionals (e.g. judges, legislators) and students alike.

This book asks if we have a constitutional right to see or sense our surroundings with technology.  Do we have a constitutional right to record our surroundings with cameras embedded in smartphones or drones?  Or to enhance our vision with extended reality technology, bionic eyes, or brain-computer interfaces? Courts in the United States have already provided a possible foundation for answering such questions.  There is, they have said, a right to document matters of public concern by creating and sharing recordings with others.  Such recordings extend our perception: They let us watch events that are remote in space and time.  Yet sharing them is also a kind of communication and thus, the creation of “speech” protected by the First Amendment.  So too might be other ways of seeing with technology. This emerging case law raises interesting questions and challenges, such as how enhancement of our perceptions can leave room for others’ privacy.This book explores such questions, focusing on American constitutional jurisprudence. It also argues that, in doing so, it is helpful to recognize that our interest in using and enhancing our perceptual power isn’t only an interest in doing so as part of First Amendment communication.  It is also linked closely to other rights - to personal integrity and the liberty to use our body’s perceptual powers and to the constitution’s protection for freedom of thought or what some scholars call “cognitive liberty:” Our exercise of perception and our use of it to learn about our surroundings is a crucial part of exercising our and shaping our mind.

This book is the second volume of The Law and Ethics of Freedom of Thought.  The first, published in 2021, explored conceptual questions regarding what a right to freedom of thought does or should protect, the history of that concept, and its implications in the twenty-first century.  This volume looks more closely at the challenges raised for liberty and privacy of thought raised by emerging neurotechnologies. In doing so, it analyzes arguments for “cognitive liberty” and how courts defining and applying freedom of thought in international law might understand the right and give it effect. The book addresses key issues related to mental privacy and the challenge of protecting it when the contents of our minds become more objectively manifested through techniques such as neuroimaging.  It also explores how questions about the privacy of thought relate to the challenge of more clearly defining the right to freedom of thought: What does the “thought” protected by that right mean more precisely, and does it enjoy a privileged, even absolute protection against the use by governments and private actors of new technologies of “brain reading”?Chapters 1, 2 and 8 are available as Open Access under a Creative Commons Attribution 4.0 International License via link.springer.com

This book examines the ethical and legal challenges presented by modern techniques of memory retrieval, especially within the context of potential use by the US government in courts of law. Specifically, Marc Blitz discusses the Fourth Amendment’s protections against unreasonable searches and the Fifth Amendment's self-incrimination clause. He also argues that we should pay close attention to another constitutional provision that individuals generally don’t think of as protecting their privacy: The First Amendment’s freedom of speech. First Amendment values also protect our freedom of thought, and this—not simply our privacy—is what is at stake if government engaged in excessive monitoring of our minds.