Legal theorists have characterized physical evidence of brain dysfunction as a double-edged sword, wherein the very quality that reduces the defendant’s responsibility for his transgression could simultaneously increase motivations to punish him by virtue of his apparently increased dangerousness. However, empirical evidence of this pattern has been elusive, perhaps owing to a heavy reliance on singular measures that fail to distinguish between plural, often competing internal motivations for punishment. The present study employed a test of the theorized double-edge pattern using (...) a novel approach designed to separate such motivations. We asked a large sample of participants (N = 330) to render criminal sentencing judgments under varying conditions of the defendant’s mental health status (Healthy, Neurobiological Disorder, Psychological Disorder) and the disorder’s treatability (Treatable, Untreatable). As predicted, neurobiological evidence simultaneously elicited shorter prison sentences (i.e., mitigating) and longer terms of involuntary hospitalization (i.e., aggravating) than equivalent psychological evidence. However, these effects were not well explained by motivations to restore treatable defendants to health or to protect society from dangerous persons but instead by deontological motivations pertaining to the defendant’s level of deservingness and possible obligation to provide medical care. This is the first study of its kind to quantitatively demonstrate the paradoxical effect of neuroscientific trial evidence and raises implications for how such evidence is presented and evaluated. (shrink)

Strategies for improving individual decision making have attracted attention from a range of disciplines. Surprisingly, neuroscience has been largely absent from this conversation, despite the fact that it has recently begun illuminating the neural bases of how and why we make decisions, and is poised for further such advances. Here we address empirical and normative questions about “nudging” through the lens of neuroscience. We suggest that the neuroscience of decision making can provide a framework for understanding how nudges work, and (...) how they can be improved. Towards this end, we first examine how nudges can be incorporated into a leading model of decision making supported by neurobiological data, and use the model to make predictions about the relative effectiveness of different classes of nudges. We then use the model to demonstrate how nudges can both infringe upon and promote autonomy. Finally, we explore the normative implications of the converging consensus from neuroscience and related fields that many everyday decisions are susceptible to covert external influences. (shrink)

Originally published in 1968. This is a critical study of the concept of 'rule' featuring in law, ethics and much philosophical analysis which the author uses to investigate the concept of 'rationality'. The author indicates in what manner the modes of reasoning involved in reliance upon rules are unique and in what fashion they provide an alternative both to the modes of logico-mathematical reasoning and to the modes of scientific reasoning. This prepares the groundwork for a methodology meeting the requirements (...) of the fields using rules such as law and ethics which could be significant for communications theory and the use of computers in normative fields. Other substantive issues related to the mainstream of legal philosophy are discussed - theories of interpretation, the notion of purpose and the requirements of principled decision-making. The book utilizes examples drawn from English and American legal decisions to suggest how the positions of legal positivism and of natural law are equally artificial and misleading. (shrink)

Rabbis of thirteenth-century Spain were often exposed to two traditions, that of Northern France-Germany and that of Moslem Spain. Until now, the dominant discussion of how they balanced the contrast has been Bernard Septimus' analysis of Nahmanides (Ramban), who managed to draw fruitfully on both. Rabbenu Yonah b. Abraham of Gerona, Ramban's only slightly less famous relative, presents a useful counterexample.Rabbenu Yonah's early works reflect an almost-total immersion in Northern French ways of thinking and writing. Only gradually does he engage (...) ideas from Moslem Spain, suggesting that the mixing of the two traditions in his later writings resulted from years of slow growth and exposure to such Moslem Spanish authors as Rif, R. Bahye ibn Paquda, and Maimonides.His example suggests that how to react to these differing influences was a continuing issue for these rabbis, and that tracking it offers an important key to understanding the intellectual history of the rabbis of that era. (shrink)

This collection of original essays examines innovations in both the theory and practice of classical philology. The chapters address interdisciplinary methods in a variety of ways. Some apply theoretical insights derived from other disciplines, such as folklore studies, performance theory, feminist criticism, and the like, to classical texts. Others examine the relationships between classics and cultural studies, popular literature, film, art history, and other related disciplines. Others, again, look to the evolution of theoretical methods within the discipline of classics. Taken (...) together, the essays offer a spectrum of new approaches in the classics and their place within the profession. (shrink)

This project continues our interdisciplinary research into computational and cognitive aspects of narrative comprehension. Our ultimate goal is the development of a computational theory of how humans understand narrative texts. The theory will be informed by joint research from the viewpoints of linguistics, cognitive psychology, the study of language acquisition, literary theory, geography, philosophy, and artificial intelligence. The linguists, literary theorists, and geographers in our group are developing theories of narrative language and spatial understanding that are being tested by the (...) cognitive psychologists and language researchers in our group, and a computational model of a reader of narrative text is being developed by the AI researchers, based in part on these theories and results and in part on research on knowledge representation and reasoning. This proposal describes the knowledge-representation and natural-language-processing issues involved in the computational implementation of the theory; discusses a contrast between communicative and narrative uses of language and of the relation of the narrative text to the story world it describes; investigates linguistic, literary, and hermeneutic dimensions of our research; presents a computational investigation of subjective sentences and reference in narrative; studies children’s acquisition of the ability to take third-person perspective in their own storytelling; describes the psychological validation of various linguistic devices; and examines how readers develop an understanding of the geographical space of a story. This report is a longer version of a project description submitted to NSF. This document, produced in May 2007, is a L ATEX version of Technical Report 89-07 (Buffalo: SUNY Buffalo Department of Computer Science, August 1989), with slightly.. (shrink)

Given the ubiquity and centrality of social and relational influences to the human experience, our conception of self-governance must adequately account for these external influences. The inclusion of socio-historical, externalist considerations into more traditional internalist accounts of autonomy has been an important feature of the debate over personal autonomy in recent years. But the relevant socio-temporal dynamics of autonomy are not only historical in nature. There are also important, and under-examined, future-oriented questions about how we retain autonomy while incorporating new (...) values into the existing set that guides our interaction with the world. In this paper, we examine these questions from two complementary perspectives: philosophy and neuroscience. After contextualizing the philosophical debate, we show the importance to theories of autonomous agency of the capacity to appropriately adapt our values and beliefs, in light of relevant experiences and evidence, to changing circumstances. We present a plausible philosophical account of this process, which we claim is generally applicable to theories about the nature of autonomy, both internalist and externalist alike. We then evaluate this account by providing a model for how the incorporation of values might occur in the brain; one that is inspired by recent theoretical and empirical advances in our understanding of the neural processes by which our beliefs are updated by new information. Finally, we synthesize these two perspectives and discuss how the neurobiology might inform the philosophical discussion. (shrink)

In this commentary on an article by Jennifer Blumenthal-Barby (AJOB 16:5-15, 2016), we discuss how external influences on decisions affect personal autonomy. Specifically, we introduce the idea of “pre-authorization” as an evaluative stance by which an individual gives a certain agent preferential access to influencing her decision-making processes. Influences arising from pre-authorized agents may then be seen as promoting, rather than infringing upon, autonomy. While the idea that an external influence can be autonomy-promoting may be inconsistent with individualistic conceptions of (...) autonomy, it aligns well with more relational conceptions that recognize the social milieu in which decisions are made. We suggest that pre-authorization provides a framework for thinking about how relational accounts of autonomy might work mechanistically. (shrink)

The American Journal of Bioethics, Volume 12, Issue 2, Page 30-31, February 2012.

Advances in psychology and neuroscience have elucidated the social aspects of human agency, leading to a broad shift in our thinking about fundamental concepts such as autonomy and responsibility. Here, we address a critical aspect of this inquiry by investigating how people consider the socio-relational nature of their own agency, particularly the influence of others on their perceived control over their decisions and actions. Specifically, in a series of studies using contrastive vignettes, we examine public attitudes about when external influences (...) on everyday decisions are perceived as " undue " – that is, as undermining the control conditions for these decisions to be considered autonomous – vs. when they are perceived as appropriate and even supportive of autonomous decision-making. We found that the influence of preauthorized agents – individuals and institutions with whom we share a worldview – was judged to be less undue than non-preauthorized agents, even after controlling for the familiarity of the agent. These effects persisted irrespective of the extent to which respondents identified as communitarian or individualistic, and were consistent across two distinct scenarios. We also found that external influences that were rational were perceived as less undue than those that were arational. Our study opens new avenues of inquiry into the " folk conception " of autonomy, and we discuss the implications of our findings for the ethics of public policies designed to influence decisions and for information sharing in social networks. (shrink)

In “How the Neuroscience of Decision Making Informs Our Conception of Autonomy,” Gidon Felsen and Peter Reiner (2011) argue that decisions typically regarded as rational and autonomous are in fact...

A volume in International Advances in Self Research Series Editors Rhonda G. Craven, University of Western Sydney; Herbert Marsh, University of Western Sydney; and Dennis M. McInerney, Hong Kong Institute of Education The concept of the Self has a long history that dates back from the ancient Greeks such as Aristotle to more contemporary thinkers such as Wundt, James, Mead, Cooley, Freud, Rogers, and Erikson (Tesser & Felson, 2000). Research on the Self relates to a range of phenomena including (...) self-esteem, self-concept, self-protection, self-verification, self-awareness, identity, self-efficacy, self-determination etc. that could be sharply different or very similar. Despite this long tradition of thinkers and the numerous studies conducted on the Self, this concept is still not very well defined. More precisely, it is not a precise object of study, but rather a collection of loosely related subtopics (Baumesiter, 1998). Also, in the philosophical literature, the legitimacy of the concept of "self" has been brought into question. Some authors have argued that the self is not a psychological entity per se, but rather an illusion created by the complex interplay between cognitive and neurological subsystems (Zahavi, 2005). Although no definitive consensus has been reached regarding the Self, we emphasis in this volume that the Self and its related phenomena including self-concept, motivation, and identity are crucial for understanding consciousness and therefore important to understand human behavior. Self-concept, motivation and identity: Underpinning success with research and practice provides thus a unique insight into self-concept and its relationship to motivation and identity from varied theoretical and empirical perspectives. This volume is intended to develop both theoretical and methodological ideas and to present empirical evidence demonstrating the importance of theory and research to effective practice. (shrink)