About this topic
Summary There is broad philosophical interest in the implications and applications of brain imaging, with concerns that cross the disciplinary boundaries of ethics, metaphysics, and law. Clinical applications of brain imaging for diagnosis and detection of consciousness in brain injured patients have bioethical and neuroethical implications, but also give rise to issues in philosophy of mind, about the nature of consciousness, the problem of other minds, the existence of neural correlates of mental states, etc. The use of brain imaging in criminal law (e.g. as a "lie detector," or to predict criminal behavior or "read" the mind) raises questions about moral and legal responsibility, as well as concerns about neuroessentialist, reductive and/or eliminative materialistic explanations of human behavior, mental disorders, and the mind. 
Key works Owen's work on functional neuroimaging in disorders of consciousness (Owen et al 2007) opens up a can of philosophical worms with respect to questions about functionally defining consciousness, using brain imaging to detect brain "behaviors," and the neural correlates of consciousness (Block 2001Block 1998).  Several philosophers have considered the uses and limits of functional neuroimaging in the law, e.g.: Tovino 2007; Glannon 2005Vincent 2011.  Glannon argues against neuroessentialism and the view that we are no more than our brains in Glannon 2009.
Introductions Illes & Sahakian 2011
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  1. Functional Neuroimaging:Technical, Logical, and Social Perspectives.Geoffrey K. Aguirre - 2014 - Hastings Center Report 44 (s2):S8-S18.
  2. Ethical Concepts and Future Challenges of Neuroimaging: An Islamic Perspective.Wael K. Al-Delaimy - 2012 - Science and Engineering Ethics 18 (3):509-518.
    Neuroscience is advancing at a rapid pace, with new technologies and approaches that are creating ethical challenges not easily addressed by current ethical frameworks and guidelines. One fascinating technology is neuroimaging, especially functional Magnetic Resonance Imaging (fMRI). Although still in its infancy, fMRI is breaking new ground in neuroscience, potentially offering increased understanding of brain function. Different populations and faith traditions will likely have different reactions to these new technologies and the ethical challenges they bring with them. Muslims are approximately (...)
  3. Emerging From an Unresponsive Wakefulness Syndrome: Brain Plasticity has to Cross a Threshold Level.Sergio Bagnato, Cristina Boccagni, Antonino Sant'Angelo, Alexander A. Fingelkurts, Andrew A. Fingelkurts & Giuseppe Galardi - 2013 - Neuroscience and Biobehavioral Reviews 37 (10):2721-2736.
    Unresponsive wakefulness syndrome (UWS, previously known as vegetative state) occurs after patients survive a severe brain injury. Patients suffering from UWS have lost awareness of themselves and of the external environment and do not retain any trace of their subjective experience. Current data demonstrate that neuronal functions subtending consciousness are not completely reset in UWS; however, they are reduced below the threshold required to experience consciousness. The critical factor that determines whether patients will recover consciousness is the distance of their (...)
  4. Perceived Access to Self-Relevant Information Mediates Judgments of Privacy Violations in Neuromonitoring and Other Monitoring Technologies.D. A. Baker, N. J. Schweitzer & Evan F. Risko - 2014 - Neuroethics 7 (1):43-50.
    Advances in technology are bringing greater insight into the mind, raising a host of privacy concerns. However, the basic psychological mechanisms underlying the perception of privacy violations are poorly understood. Here, we explore the relation between the perception of privacy violations and access to information related to one’s “self.” In two studies using demographically diverse samples, we find that privacy violations resulting from various monitoring technologies are mediated by the extent to which the monitoring is thought to provide access to (...)
  5. New Research, Old Problems: Methodological and Ethical Issues in fMRI Research Examining Sex/Gender Differences in Emotion Processing.Robyn Bluhm - 2013 - Neuroethics 6 (2):319-330.
    Neuroscience research examining sex/gender differences aims to explain behavioral differences between men and women in terms of differences in their brains. Historically, this research has used ad hoc methods and has been conducted explicitly in order to show that prevailing gender roles were dictated by biology. I examine contemporary fMRI research on sex/gender differences in emotion processing and argue that it, too, both uses problematic methods and, in doing so, reinforces gender stereotypes.
  6. Managing Incidental Findings: Lessons From Neuroimaging.Emily Borgelt, James A. Anderson & Judy Illes - 2013 - American Journal of Bioethics 13 (2):46 - 47.
  7. Neuroimaging in Psychiatry: Evaluating the Ethical Consequences for Patient Care.Alison C. Boyce - 2009 - Bioethics 23 (6):349-359.
    According to many researchers, it is inevitable and obvious that psychiatric illnesses are biological in nature, and that this is the rationale behind the numerous neuroimaging studies of individuals diagnosed with mental disorders. Scholars looking at the history of psychiatry have pointed out that in the past, the origins and motivations behind the search for biological causes, correlates, and cures for mental disorders are thoroughly social and historically rooted, particularly when the diagnostic category in question is the subject of controversy (...)
  8. When Genes and Brains Unite: Ethical Implications of Genomic Neuroimaging.Turhan Canli - 2005 - In Judy Illes (ed.), Neuroethics: Defining the Issues in Theory, Practice, and Policy. Oxford University Press.
  9. Interactive Capacity, Decisional Capacity, and a Dilemma for Surrogates.Vanessa Carbonell - 2013 - American Journal of Bioethics Neuroscience 4 (4):36-37.
    In “Conscientious of the Conscious: Interactive Capacity as a Threshold Marker for Consciousness” (2013), Fischer and Truog argue that recent studies showing that some patients diagnosed as being in a vegetative state are in fact in a minimally conscious state raise various ethical questions for clinicians and family members. I argue that these findings raise a further ethical dilemma about how and whether to seek the involvement of the minimally conscious person herself in decisions about her care. There may be (...)
  10. Does Neuroscience Undermine Deontological Theory?Richard Dean - 2010 - Neuroethics 3 (1):43-60.
    Joshua Greene has argued that several lines of empirical research, including his own fMRI studies of brain activity during moral decision-making, comprise strong evidence against the legitimacy of deontology as a moral theory. This is because, Greene maintains, the empirical studies establish that “characteristically deontological” moral thinking is driven by prepotent emotional reactions which are not a sound basis for morality in the contemporary world, while “characteristically consequentialist” thinking is a more reliable moral guide because it is characterized by greater (...)
  11. Pain Perception in Disorders of Consciousness: Neuroscience, Clinical Care, and Ethics in Dialogue. [REVIEW]A. Demertzi, E. Racine, M.-A. Bruno, D. Ledoux, O. Gosseries, A. Vanhaudenhuyse, M. Thonnard, A. Soddu, G. Moonen & S. Laureys - 2013 - Neuroethics 6 (1):37-50.
    Pain, suffering and positive emotions in patients in vegetative state/unresponsive wakefulness syndrome (VS/UWS) and minimally conscious states (MCS) pose clinical and ethical challenges. Clinically, we evaluate behavioural responses after painful stimulation and also emotionally-contingent behaviours (e.g., smiling). Using stimuli with emotional valence, neuroimaging and electrophysiology technologies can detect subclinical remnants of preserved capacities for pain which might influence decisions about treatment limitation. To date, no data exist as to how healthcare providers think about end-of-life options (e.g., withdrawal of artificial nutrition (...)
  12. Pain Perception in Disorders of Consciousness: Neuroscience, Clinical Care, and Ethics in Dialogue.Athina Demertzi, Eric Racine, Marie-Aurélie Bruno, Didier Ledoux, Olivia Gosseries, Audrey Vanhaudenhuyse, Marie Thonnard, Andrea Soddu, Gustave Moonen & Steven Laureys - forthcoming - Neuroethics.
  13. Sex Differences and Neuroethics.Peggy DesAutels - 2010 - Philosophical Psychology 23 (1):95-111.
    Discussions in neuroethics to date have ignored an ever-increasing neuroscientific lilterature on sex differences in brains. If, indeed, there are significant differences in the brains of men versus women and in the brains of boys versus girls, the ethical and social implications loom very large. I argue that recent neuroscientific findings on sex-based brain differences have significant implications for theories of morality and for our understandings of the neuroscience of moral cognition and behavior.
  14. Schiavo on the Cutting Edge: Functional Brain Imaging and its Impact on Surrogate End-of-Life Decision-Making.Jon B. Eisenberg - 2008 - Neuroethics 1 (2):75-83.
    The article addresses the potential impact of functional brain imaging (functional magnetic resonance imaging and positron-emission tomography) on surrogate end-of-life decision-making in light of varying state-law definitions of consciousness, some of which define awareness behaviorally and others functionally. The article concludes that, in light of admonitions by neuroscientists that functional brain imaging cannot yet replace behavioral evaluation to determine the existence of consciousness, state legislatures, courts and drafters of written advance healthcare directives should consider treating behavior, not function, as the (...)
  15. Neuroethics: An Introduction with Readings.Martha J. Farah - 2010 - MIT Press.
    Neuroscience increasingly allows us to explain, predict, and even control aspects of human behavior. The ethical issues that arise from these developments extend beyond the boundaries of conventional bioethics into philosophy of mind, psychology, theology, public policy, and the law. This broader set of concerns is the subject matter of neuroethics. In this book, leading neuroscientist Martha Farah introduces the reader to the key issues of neuroethics, placing them in scientific and cultural context and presenting a carefully chosen set of (...)
  16. Is There Neurosexism in Functional Neuroimaging Investigations of Sex Differences?Cordelia Fine - 2013 - Neuroethics 6 (2):369-409.
    The neuroscientific investigation of sex differences has an unsavoury past, in which scientific claims reinforced and legitimated gender roles in ways that were not scientifically justified. Feminist critics have recently argued that the current use of functional neuroimaging technology in sex differences research largely follows that tradition. These charges of ‘neurosexism’ have been countered with arguments that the research being done is informative and valuable and that an over-emphasis on the perils, rather than the promise, of such research threatens to (...)
  17. DMN Operational Synchrony Relates to Self-Consciousness: Evidence From Patients in Vegetative and Minimally Conscious States.Andrew A. Fingelkurts, Alexander A. Fingelkurts, Sergio Bagnato, Cristina Boccagni & Giuseppe Galardi - 2012 - Open Neuroimaging Journal 6:55-68.
    The default mode network (DMN) has been consistently activated across a wide variety of self-related tasks, leading to a proposal of the DMN’s role in self-related processing. Indeed, there is limited fMRI evidence that the functional connectivity within the DMN may underlie a phenomenon referred to as self-awareness. At the same time, none of the known studies have explicitly investigated neuronal functional interactions among brain areas that comprise the DMN as a function of self-consciousness loss. To fill this gap, EEG (...)
  18. Neuroethics and Neuroimaging: Moving Toward Transparency.Joseph J. Fins - 2008 - American Journal of Bioethics 8 (9):46 – 52.
    Without exaggeration, it could be said that we are entering a golden age of neuroscience. Informed by recent developments in neuroimaging that allow us to peer into the working brain at both a structural and functional level, neuroscientists are beginning to untangle mechanisms of recovery after brain injury and grapple with age-old questions about brain and mind and their correlates neural mechanisms and consciousness. Neuroimaging, coupled with new diagnostic categories and assessment scales are helping us develop a new diagnostic nosology (...)
  19. Clinical Pragmatism and the Care of Brain Damaged Patients: Towards a Palliative Neuroethics for Disorders of Consciousness.Joseph J. Fins - 2006 - In Steven Laureys (ed.), Boundaries of Consciousness. Elsevier.
  20. Neuroimaging and Disorders of Consciousness: Envisioning an Ethical Research Agenda.Joseph J. Fins, Judy Illes, James L. Bernat, Joy Hirsch, Steven Laureys & Emily Murphy - 2008 - American Journal of Bioethics 8 (9):3 – 12.
    The application of neuroimaging technology to the study of the injured brain has transformed how neuroscientists understand disorders of consciousness, such as the vegetative and minimally conscious states, and deepened our understanding of mechanisms of recovery. This scientific progress, and its potential clinical translation, provides an opportunity for ethical reflection. It was against this scientific backdrop that we convened a conference of leading investigators in neuroimaging, disorders of consciousness and neuroethics. Our goal was to develop an ethical frame to move (...)
  21. Late Recovery From the Minimally Conscious State: Ethical and Policy Implications.Joseph J. Fins, Nicholas D. Schiff & Kathleen M. Foley - 2007 - Neurology 68 (4):304-307.
  22. Neuroethicists Needed Now More Than Ever.Ruth L. Fischbach & Gerald D. Fischbach - 2008 - American Journal of Bioethics 8 (1):47 – 48.
  23. (A)E(s)Th(Et)Ics of Brain Imaging. Visibilities and Sayabilities in Functional Magnetic Resonance Imaging.Hannah Fitsch - 2012 - Neuroethics 5 (3):275-283.
    Producing and interpreting functional brain data is part of the negotiation we imagine our brain. To take a closer look at the idea of brain imaging as a form of visual knowledge, it is necessary to put the research of today into a historical context. In my article I will point to a specific approach of functional imaging which depends on historical shifts entangled with the visual aspect of producing pictures of the brain. I will bring out the interaction of (...)
  24. The Impact of American Tackle Football-Related Concussion in Youth Athletes.Frédéric Gilbert & L. Syd M. Johnson - 2011 - American Journal of Bioethics Neuroscience 2 (4):48-59.
    Postmortem research on the brains of American tackle football players has revealed the presence of chronic traumatic encephalopathy (CTE), a degenerative brain disease caused by repeated head trauma. Repeated concussion is a risk factor for CTE, raising ethical concerns about the long-term effects of concussion on athletes at risk for football-related concussion. Of equal concern is that youth athletes are at increased risk for lasting neurocognitive and developmental deficits that can result in behavioral disturbances and diminished academic performance. In this (...)
  25. The Need to Tackle Concussion in Australian Football Codes.Frederic Gilbert & Bradley J. Partridge - 2012 - Medical Journal of Australia 196 (9):561-563.
    Postmortem evidence of chronic traumatic encephalopathy (CTE) in the brains of American National Football League players who suffered concussions while playing have intensified concerns about the risks of concussion in sport.1 Concussions are frequently sustained by amateur and professional players of Australia’s three most popular football codes (Australian football, rugby league, and rugby union) and, to a lesser extent, other contact sports such as soccer. This raises major concerns about possible long-term neurological damage, cognitive impairment and mental health problems in (...)
  26. Involuntary & Voluntary Invasive Brain Surgery: Ethical Issues Related to Acquired Aggressiveness. [REVIEW]Frederic Gilbert, Andrej Vranic & Samia Hurst - 2013 - Neuroethics 6 (1):115-128.
    Clinical cases of frontal lobe lesions have been significantly associated with acquired aggressive behaviour. Restoring neuronal and cognitive faculties of aggressive individuals through invasive brain intervention raises ethical questions in general. However, more questions have to be addressed in cases where individuals refuse surgical treatment. The ethical desirability and permissibility of using intrusive surgical brain interventions for involuntary or voluntary treatment of acquired aggressiveness is highly questionable. This article engages with the description of acquired aggressiveness in general, and presents a (...)
  27. Neuroethics.Walter Glannon - 2006 - Bioethics 20 (1):37–52.
  28. Neuroethics and the Scientific Revision of Common Sense.Nada Gligorov - 2016 - Springer, Studies in Brain and Mind, Vol. 11.
    Neuroethics is an emerging interdisciplinary field with unsettled boundaries. Many of the ethical issues within the purview of neuroethics could be described as resulting from the clash between the scientific perspective on concepts such as free will, personal identity, consciousness, etc., and the putatively commonsense conceptions of those terms. The assumption that undergirds the framing of the conflict between these two approaches is that advances in neuroscience, psychiatry, and psychology can be used to explain phenomena covered by commonsense concepts and (...)
  29. A New Challenge for Research Ethics: Incidental Findings in Neuroimaging.Bert Heinrichs - 2011 - Journal of Bioethical Inquiry 8 (1):59-65.
    It has become evident that neuroimaging raises new normative questions that cannot be addressed adequately within the (in this regard unspecific) frameworks of existing research ethics. Questions that are especially troubling are, among others, provoked by incidental findings. Two questions are particularly intricate in view of incidental findings: (1) How can the research subject’s right not to know be guaranteed? And (2) should a diagnostic check of scans by a neuroradiologist become an obligatory part of neuroscientific research protocols? The present (...)
  30. The Sensitivity of Neuroimaging Data.Jan-Hendrik Heinrichs - 2012 - Neuroethics 5 (2):185-195.
    Abstract When new methods of generating information about individuals leave the confined space of research application the possibility of morally dubious application arises. The current propagation of neuroscientific diagnostics leads to new possibilities of misuse and accordingly new needs for the protection of individual privacy emerge. While most current privacy discussion focuses on sensationalist applications which aim/claim to gather information about psychological traits or even the content of thoughts, the more sober but much more realistic endeavour to gather health data (...)
  31. Neuroscience, Neuropolitics and Neuroethics: The Complex Case of Crime, Deception and fMRI.Stuart Henry & Dena Plemmons - 2012 - Science and Engineering Ethics 18 (3):573-591.
    Scientific developments take place in a socio-political context but scientists often ignore the ways their innovations will be both interpreted by the media and used by policy makers. In the rush to neuroscientific discovery important questions are overlooked, such as the ways: (1) the brain, environment and behavior are related; (2) biological changes are mediated by social organization; (3) institutional bias in the application of technical procedures ignores race, class and gender dimensions of society; (4) knowledge is used to the (...)
  32. Epistemological Considerations on Neuroimaging – a Crucial Prerequisite for Neuroethics.Christian G. Huber & Johannes Huber - 2009 - Bioethics 23 (6):340-348.
    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 (...)
  33. Imaging or Imagining? A Neuroethics Challenge Informed by Genetics.Judy Illes & Eric Racine - 2005 - American Journal of Bioethics 5 (2):5 – 18.
    From a twenty-first century partnership between bioethics and neuroscience, the modern field of neuroethics is emerging, and technologies enabling functional neuroimaging with unprecedented sensitivity have brought new ethical, social and legal issues to the forefront. Some issues, akin to those surrounding modern genetics, raise critical questions regarding prediction of disease, privacy and identity. However, with new and still-evolving insights into our neurobiology and previously unquantifiable features of profoundly personal behaviors such as social attitude, value and moral agency, the difficulty of (...)
  34. Can They Suffer? The Ethical Priority of Quality of Life Research in Disorders of Consciousness.L. Syd M. Johnson - 2013 - Bioethica Forum 6 (4):129-136.
    There is ongoing ethical and legal debate about withdrawing life sup- port for patients with disorders of consciousness (DOCs). Frequently fu- eling the debate are implicit assumptions about the value of life in a state of impaired consciousness, and persistent uncertainty about the quality of life (QoL) of these persons. Yet there are no validated methods for assessing QoL in this population, and a significant obstacle to doing so is their inability to communicate. Recent neuroscientific discoveries might circumvent that problem (...)
  35. Stable Value Sets, Psychological Well-Being, and the Disability Paradox: Ramifications for Assessing Decision Making Capacity.L. Syd M. Johnson - 2013 - American Journal of Bioethics Neuroscience 4 (4):24-25.
    The phenomenon whereby severely disabled persons self-report a higher than expected level of subjective well-being is called the “disability paradox.” One explanation for the paradox among brain injury survivors is “response shift,” an adjustment of one’s values, expectations, and perspective in the aftermath of a life-altering, disabling injury. The high level of subjective well-being appears paradoxical when viewed from the perspective of the non-disabled, who presume that those with severe disabilities experience a quality of life so poor that it might (...)
  36. Implications of Recent Neuroscientific Findings in Patients with Disorders of Consciousness.L. Syd M. Johnson - 2010 - Neuroethics 3 (2):185-196.
    A pressing issue in neuroscience is the high rate of misdiagnosis of disorders of consciousness. As new research on patients with disorders of consciousness has revealed surprising and previously unknown cognitive capacities, the need to develop better and more reliable methods of diagnosing these disorders becomes more urgent. So too the need to expand our ethical and social frameworks for thinking about these patients, to accommodate new concerns that will accompany new revelations. A recent study on trace conditioning and learning (...)
  37. Introduction: Reconsidering Disorders of Consciousness in Light of Neuroscientific Evidence.Ralf J. Jox & Katja Kuehlmeyer - 2013 - Neuroethics 6 (1):1-3.
    Disorders of consciousness pose a substantial ethical challenge to clinical decision making, especially regarding the use of life-sustaining medical treatment. For these decisions it is paramount to know whether the patient is aware or not. Recent brain research has been striving to assess awareness by using mainly functional magnetic resonance imaging. We review the neuroscientific evidence and summarize the potential and problems of the different approaches to prove awareness. Finally, we formulate the crucial ethical questions and outline the different articles (...)
  38. Some Ethical Considerations About the Use of Biomarkers for the Classification of Adult Antisocial Individuals.Marko Jurjako, Luca Malatesti & Inti Brazil - 2018 - International Journal of Forensic Mental Health.
    It has been argued that a biomarker-informed classification system for antisocial individuals has the potential to overcome many obstacles in current conceptualizations of forensic and psychiatric constructs and promises better targeted treatments. However, some have expressed ethical worries about the social impact of the use of biological information for classification. Many have discussed the ethical and legal issues related to possibilities of using biomarkers for predicting antisocial behaviour. We argue that prediction should not raise the most pressing ethical worries. Instead, (...)
  39. Brain Damage and the Moral Significance of Consciousness.Guy Kahane & Julian Savulescu - 2009 - Journal of Medicine and Philosophy 34 (1):6-26.
    Neuroimaging studies of brain-damaged patients diagnosed as in the vegetative state suggest that the patients might be conscious. This might seem to raise no new ethical questions given that in related disputes both sides agree that evidence for consciousness gives strong reason to preserve life. We question this assumption. We clarify the widely held but obscure principle that consciousness is morally significant. It is hard to apply this principle to difficult cases given that philosophers of mind distinguish between a range (...)
  40. Will Neuroscientific Discoveries About Free Will and Selfhood Change Our Ethical Practices?Chris Kaposy - 2009 - Neuroethics 2 (1):51-59.
    Over the past few years, a number of authors in the new field of neuroethics have claimed that there is an ethical challenge presented by the likelihood that the findings of neuroscience will undermine many common assumptions about human agency and selfhood. These authors claim that neuroscience shows that human agents have no free will, and that our sense of being a “self” is an illusory construction of our brains. Furthermore, some commentators predict that our ethical practices of assigning moral (...)
  41. Will There Be a Neurolaw Revolution?Adam Kolber - 2014 - Indiana Law Journal 89:807-845.
    The central debate in the field of neurolaw has focused on two claims. Joshua Greene and Jonathan Cohen argue that we do not have free will and that advances in neuroscience will eventually lead us to stop blaming people for their actions. Stephen Morse, by contrast, argues that we have free will and that the kind of advances Greene and Cohen envision will not and should not affect the law. I argue that neither side has persuasively made the case for (...)
  42. Pain Detection and the Privacy of Subjective Experience.Adam J. Kolber - 2007 - American Journal of Law & Medicine 33 (2&3):433-456.
    Pain is a fundamentally subjective experience. We have uniquely direct access to our own pain but can only make rough inferences about the pain of others. Nevertheless, such inferences are made all the time by doctors, insurers, judges, juries, and administrative agencies. Advances in brain imaging may someday improve our pain assessments by bolstering the claims of those genuinely experiencing pain while impugning the claims of those who are faking or exaggerating symptoms. These possibilities raise concerns about the privacy of (...)
  43. Going Beyond the Evidence.Neil Levy - 2008 - American Journal of Bioethics 8 (9):19 – 21.
  44. Neuromarketing: What is It, and is It a Threat to Privacy?Steve Matthews - 2014 - In Jens Clausen Neil Levy (ed.), Handbook of Neuroethics. Springer. pp. 1627-1645.
    This entry has two general aims. The first is to profile the practices of neuromarketing (both current and hypothetical), and the second is to identify what is ethically troubling about these practices. It will be claimed that neuromarketing does not really present novel ethical challenges, and that marketers are simply continuing to do what they have always done, only now they have at their disposal the tools of neuroscience which they have duly recruited. What will be presupposed is a principle (...)
  45. Ethical Challenges Associated with the Development and Deployment of Brain Computer Interface Technology.Paul McCullagh, Gaye Lightbody, Jaroslaw Zygierewicz & W. George Kernohan - 2014 - Neuroethics 7 (2):109-122.
    Brain Computer Interface (BCI) technology offers potential for human augmentation in areas ranging from communication to home automation, leisure and gaming. This paper addresses ethical challenges associated with the wider scale deployment of BCI as an assistive technology by documenting issues associated with the development of non-invasive BCI technology. Laboratory testing is normally carried out with volunteers but further testing with subjects, who may be in vulnerable groups is often needed to improve system operation. BCI development is technically complex, sometimes (...)
  46. Neural Lie Detection, Criterial Change, and OrdinaryLanguage.Thomas Nadelhoffer - 2011 - Neuroethics 4 (3):205-213.
    Michael Pardo and Dennis Patterson have recently put forward several provocative and stimulating criticisms that strike at the heart of much work that has been done at the crossroads of neuroscience and the law. My goal in this essay is to argue that their criticisms of the nascent but growing field of neurolaw are ultimately based on questionable assumptions concerning the nature of the ever evolving relationship between scientific discovery and ordinary language. For while the marriage between ordinary language and (...)
  47. Neurolaw and Neuroprediction: Potential Promises and Perils.Thomas Nadelhoffer & Walter Sinnott-Armstrong - 2012 - Philosophy Compass 7 (9):631-642.
    Neuroscience has been proposed for use in the legal system for purposes of mind reading, assessment of responsibility, and prediction of misconduct. Each of these uses has both promises and perils, and each raises issues regarding the admissibility of neuroscientific evidence.
  48. Neuroscience Evidence, Legal Culture, and Criminal Procedure.Michael S. Pardo - manuscript
    Proposed lie-detection technology based on neuroscience poses significant challenges for the law. The law must respond to the science with an adequate understanding of such evidence, its significance, and its limitations. This paper makes three contributions toward those ends. First, it provides an account of the preliminary neuroscience research underlying this proposed evidence. Second, it discusses the nature and significance of such evidence, how such evidence would fit with legal practices and concepts, and its potential admissibility. Finally, it analyzes the (...)
  49. Brain Imaging and Privacy.Juha Räikkä - 2010 - Neuroethics 3 (1):5-12.
    I will argue that the fairly common assumption that brain imaging may compromise people’s privacy in an undesirable way only if moral crimes are committed is false. Sometimes persons’ privacy is compromised because of failures of privacy. A normal emotional reaction to failures of privacy is embarrassment and shame, not moral resentment like in the cases of violations of right to privacy. I will claim that if (1) neuroimaging will provide all kinds of information about persons’ inner life and not (...)
  50. Neuroimaging and Inferential Distance.Adina L. Roskies - 2008 - Neuroethics 1 (1):19-30.
    Brain images are used both as scientific evidence and to illustrate the results of neuroimaging experiments. These images are apt to be viewed as photographs of brain activity, and in so viewing them people are prone to assume that they share the evidential characteristics of photographs. Photographs are epistemically compelling, and have a number of characteristics that underlie what I call their inferential proximity. Here I explore the aptness of the photography analogy, and argue that although neuroimaging does bear important (...)
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