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- Nicole A. Vincent (2009). Neuroimaging and Responsibility Assessments. Neuroethics 4 (1):35-49.Could neuroimaging evidence help us to assess the degree of a person’s responsibility for a crime which we know that they committed? This essay defends an affirmative answer to this question. A range of standard objections to this high-tech approach to assessing people’s responsibility is considered and then set aside, but I also bring to light and then reject a novel objection—an objection which is only encountered when functional (rather than structural) neuroimaging is used to assess people’s responsibility.
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The Principle that freedom is necessary for moral responsibility (hereafter referred to as “the freedom principle”) has received a variety of explications, but few philosophers have doubted that in some plausible sense it is true. However, two philosophers have recently challenged it using very different but equally ingenious arguments. J.F.M. Hunter has provided the more obviously direct attack in arguing that considerations of freedom as such are in no way relevant to assessments of moral responsibility. Harry Frankfurt has directed his fire at the version of the freedom principle which says that a person is morally responsible for what he has done only if he could have done otherwise. Both Frankfurt and Hunter point out the significance of their arguments for the determinism/moral responsibility debate: if there is no freedom requirement for moral responsibility, then even if determinism threatens freedom, it does not follow that determinism threatens moral responsibility.
Supererogation and rules.--Problematic responsibility in law and morals.--On being "morally speaking a murderer."--Justice and personal desert.--The expressive function of punishment.--Action and responsibility.--Causing voluntary actions.--Sua culpa.--Collective responsibility.--Crime, clutchability, and individuated treatment.--What is so special about mental illness?
This article considers the question of the responsibility of present generations for injustices committed by previous ones. It asks whether the descendants of victims of past injustice have claims against the descendants of the perpetrators of injustice. Two modes of argument are examined: the individual responsibility approach, according to which descendants cannot have claims against other descendants, and the collective responsibility approach, according to which descendants do have strong claims. Both approaches are criticized, but for different failings. An alternative view, building on the individualist approach, is defended. This view argues that some people may have to bear responsibility for past injustice if lines of responsibility can clearly be drawn. This is most likely when certain kinds of corporate agents persist over generations, even after original members of such corporations have ceased to exist. Key Words: responsibility justice injustice aborigines history.
Various authors debate the question of whether neuroscience is relevant to criminal responsibility. However, a plethora of different techniques and technologies, each with their own abilities and drawbacks, lurks beneath the label “neuroscience”; and in criminal law responsibility is not a single, unitary and generic concept, but it is rather a syndrome of at least six different concepts. Consequently, there are at least six different responsibility questions that the criminal law asks – at least one for each responsibility concept – and, I will suggest, a multitude of ways in which the techniques and technologies that comprise neuroscience might help us to address those diverse questions. In a way, on my account neuroscience is relevant to criminal responsibility in many ways, but I hesitate to state my position like this because doing so obscures two points which I would rather highlight: one, neither neuroscience nor criminal responsibility are as unified as that; and two, the criminal law asks many different responsibility questions and not just one generic question.
The way in which we characterize the structural and functional differences between psychopath and normal brains – either as biological disorders or as mere biological differences – can influence our judgments about psychopaths’ responsibility for criminal misconduct. However, Marga Reimer (Neuroethics 1(2):14, 2008) points out that whether our characterization of these differences should be allowed to affect our judgments in this manner “is a difficult and important question that really needs to be addressed before policies regarding responsibility... can be implemented with any confidence”. This paper is an attempt to address Reimer’s difficult and important question; I argue that irrespective of which of these two characterizations is chosen, our judgments about psychopaths’ responsibility should not be affected, because responsibility hinges not on whether a particular difference is (referred to as) a disorder or not, but on how that difference affects the mental capacities required for moral agency.
Purpose: Whereas ethical considerations on imaging techniques and interpretations of neuroimaging results flourish, there is not much work on their preconditions. In this paper, therefore, we discuss epistemological considerations on neuroimaging and their implications for neuroethics. Results: Neuroimaging uses indirect methods to generate data about surrogate parameters for mental processes, and there are many determinants influencing the results, including current hypotheses and the state of knowledge. This leads to an interdependence between hypotheses and data. Additionally, different levels of description are involved, especially when experiments are designed to answer questions pertaining to broad concepts like the self, empathy or moral intentions. Interdisciplinary theoretical frameworks are needed to integrate findings from the life sciences and the humanities and to translate between them. While these epistemological issues are not specific for neuroimaging, there are some reasons why they are of special importance in this context: Due to their inferential proximity, 'neuro-images' seem to be self-evident, suggesting directness of observation and objectivity. This has to be critically discussed to prevent overinterpretation. Additionally, there is a high level of attention to neuroimaging, leading to a high frequency of presentation of neuroimaging data and making the critical examination of their epistemological properties even more pressing. Conclusions: Epistemological considerations are an important prerequisite for neuroethics. The presentation and communication of the results of neuroimaging studies, the potential generation of new phenomena and new 'dysfunctions' through neuroimaging, and the influence on central concepts at the foundations of ethics will be important future topics for this discipline.
Much of the neuroimaging research has focused on how mathematical operations are performed. Although this body of research has provided insight for the refinement of pedagogy, there are very few neuroimaging studies on how mathematical operations should be taught. In this article, we describe the teaching of algebra in Singapore schools and the imperatives that led us to develop two neuroimaging studies that examined questions of curricular concerns. One of the challenges was to condense issues from classrooms into tasks suitable for neuroimaging studies. Another challenge, not particular to the neuroimaging method, was to draw suitable inferences from the findings and translate them into pedagogical practices. We describe our efforts and outline some continuing challenges.
Traditionally, discussion about neuroimaging focuses on methodological improvement and neurobiological findings. In current psychiatric neuroimaging, the research focus broadens and includes concepts such as the self, personality, well-being, and psychiatric disease. This calls for the inclusion of disciplines like psychology and philosophy in a dialogue with neuroscience. Furthermore, it raises the question of how theories from these areas relate to neuroimaging findings: are results generated by objective data independent of theories? Is there an epistemological priority for the theories used for generating hypotheses and for interpreting the results? Or do theoretical concepts and neuroimaging data influence each other? In this paper, we will discuss these positions concerning the priority of concepts and data in neuroimaging and provide arguments for an interdependence of concepts and data. An awareness of these considerations may help professionals from the life sciences and humanities as well as laypersons to avoid misunderstandings and oversimplifications.
In follow-up to a large-scale ethics survey of neuroscientists whose research involves neuroimaging, brain stimulation and imaging genetics, we conducted focus groups and interviews to explore their sense of responsibility about integrating ethics into neuroimaging and readiness to adopt new ethics strategies as part of their research. Safety, trust and virtue were key motivators for incorporating ethics into neuroimaging research. Managing incidental findings emerged as a predominant daily challenge for faculty, while student reports focused on the malleability of neuroimaging data and scientific integrity. The most frequently cited barrier was time and administrative burden associated with the ethics review process. Lack of scholarly training in ethics also emerged as a major barrier. Participants constructively offered remedies to these challenges: development and dissemination of best practices and standardized ethics review for minimally invasive neuroimaging protocols. Students in particular, urged changes to curricula to include early, focused training in ethics.
Recently, a number of philosophers have begun to question the commonly held view that choice or voluntary control is a precondition of moral responsibility. According to these philosophers, what really matters in determining a person’s responsibility for some thing is whether that thing can be seen as indicative or expressive of her judgments, values, or normative commitments. Such accounts might therefore be understood as updated versions of what Susan Wolf has called “real self views,” insofar as they attempt to ground an agent’s responsibility for her actions and attitudes in the fact (when it is a fact) that they express who she is as a moral agent. As such, they seem to be open to some of the same objections Wolf originally raised to such accounts, and in particular to the objection that they cannot license the sorts of robust moral assessments involved in our current practices of moral responsibility. My aim in this paper is to try to respond to this challenge, by clarifying the kind of robust moral assessments I take to be licensed by (at least some) non-volitional accounts of responsibility and by explaining why these assessments do not in general require the agent to have voluntary control over everything for which she is held responsible. I also argue that the limited applicability of the distinction between “bad agents” and “blameworthy agents” on these accounts is in fact a mark in their favor.
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