Since our moral and legal judgments are focused on our decisions and actions, one would expect information about the neural underpinnings of human decision-making and action-production to have a significant bearing on those judgments. However, despite the wealth of empirical data, and the public attention it has attracted in the past few decades, the results of neuroscientific research have had relatively little influence on legal practice. It is here argued that this is due, at least partly, to the discussion on (...) the relationship of the neurosciences and law mixing up a number of separate issues that have different relevance on our moral and legal judgments. The approach here is hierarchical; more and less feasible ways in which neuroscientific data could inform such judgments are separated from each other. The neurosciences and other physical views on human behavior and decision-making do have the potential to have an impact on our legal reasoning. However, this happens in various different ways, and too often appeal to any neural data is assumed to be automatically relevant to shaping our moral and legal judgments. Our physicalist intuitions easily favor neural-level explanations to mental-level ones. But even if you were to subscribe to some reductionist variant of physicalism, it would not follow that all neural data should be automatically relevant to our moral and legal reasoning. However, the neurosciences can give us indirect evidence for reductive physicalism, which can then lead us to challenge the very idea of free will. Such a development can, ultimately, also have repercussions on law and legal practice. (shrink)

Some recent arguments defending the genuine causal efficacy of the mental have been relying on empirical research on neuroprosthetics. This essay presents a critical analysis of these arguments. The problem of mental causation, and the basic idea and results of neuroprosthetics are reviewed. It is shown how appealing to the research on neuroprosthetics can be interpreted to give support to the idea of mental causation. However, it does so only in a rather deflationary sense: by holding the mental identical with (...) the neural. So contrary to what the arguments have been assuming, neuroprosthetics cannot be used to argue for nonreductive physicalism. It can rather be taken to illustrate just the opposite: how the mental and the physical are identical. (shrink)

A thoroughly physical view on reality and our common sense view on agency and free will seem to be in a direct conflict with each other: if everything that happens is determined by prior physical events, so too are all our actions and conscious decisions; you have no choice but to do what you are destined to do. Although this way of thinking has intuitive appeal, and a long history, it has recently began to gain critical attention. A number of (...) arguments have been raised in defense of the idea that our will could be genuinely free even if the universe is governed by deterministic laws of physics. Determinism and free will have been argued to be compatible before, of course, but these recent arguments seem to take a new step in that they are relying on a more profound and concrete view on the central elements of the issue, the fundamental laws of physics and the nature of causal explanation in particular. The basic idea of this approach is reviewed in here, and it is shown how a careful analysis of physics and causal explanation can indeed enhance our understanding of the issue. Although it cannot be concluded that the problem of free will would now be completely solved (or dissolved), it is clear that these recent developments can bring significant advancement to the debate. (shrink)