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
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, free
will, 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
"This timely cutting-edge collection vividly demonstrates why
neurolaw's transdisciplinary lens is required to address current
and emerging pressing questions regarding the justification of
legal systems, their laws, and practices. Whether those questions
concern the bases of moral (and legal) responsibility, the
defensible deployment of neurointerventions, or the legal
regulation of their use, careful engagement with neuroscience and
psychology is essential.
The contributors to this collection take up this task, expertly
synthesizing science, philosophy, and legal scholarship. An
essential read for anyone wishing to stay abreast of developments
in this
fast-paced, sophisticated, and important flourishing field."
-Hannah Maslen, Deputy Director, Oxford Uehiro Centre for Practical
Ethics, University of Oxford; Editor-in-Chief, Neuroethics
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