Neurolaw is a new, rapidly developing area of interdisciplinary research on the meaning and implications of neuroscience for the law and legal practices. In this article three recently published volumes in this field will be reviewed.

In order to maximize human performance, defence forces continue to explore, develop, and apply human performance enhancement (HPE) methods, ranging from pharmaceuticals to (bio)technological enhancement. This raises ethical, legal, and societal concerns and requires organizing a careful reflection and deliberation process, with relevant stakeholders. We discuss a range of ethical, legal, and societal aspects (ELSA), which people involved in the development and deployment of HPE can use for such reflection and deliberation. A realistic military scenario with proposed HPE application can (...) serve as a starting point for such an iterative and participatory process. Stakeholders can discuss this application, modify its features, and design appropriate processes around it – for instance, procedures for informed consent. We propose that organizing aspects into these three categories – ethical, legal, and societal – can help involve appropriate interlocutors at different moments: legal aspects with people in strategy or management roles, from the start of a project; ethical aspects with people in operations and medical roles, during development; and societal aspects with people in communication and personnel roles, during deployment. Notably, we developed and discussed this framework and the three aspects in close collaboration with personnel from the military. (shrink)

The insanity defense presents many difficult questions for the legal system. It attracts attention beyond its practical significance (it is seldom used successfully) because it goes to the heart of the concept of legal responsibility. “Not guilty by reason of insanity” generally requires that as a result of mental illness the defendant was unable to distinguish right from wrong at the time of the crime. The many difficult and complex questions presented by the insanity defense have led some in the (...) legal community to hope that neuroscience might help resolve some of these problems, but that hope is not likely to be realized. (shrink)

The prominent contributors provide background information, survey the issues and positions, and take controversial stands from a wide variety of perspectives, including neuroscience and neurology, law and policy, and philosophy and ethics.

Neuroethics is an interdisciplinary field that arose in response to novel ethical challenges posed by advances in neuroscience. Historically, neuroethics has provided an opportunity to synergize different disciplines, notably proposing a two-way dialogue between an ‘ethics of neuroscience’ and a ‘neuroscience of ethics’. However, questions surface as to whether a ‘neuroscience of ethics’ is a useful and unified branch of research and whether it can actually inform or lead to theoretical insights and transferable practical knowledge to help resolve ethical questions. (...) In this article, we examine why the neuroscience of ethics is a promising area of research and summarize what we have learned so far regarding its most promising goals and contributions. We then review some of the key methodological challenges which may have hindered the use of results generated thus far by the neuroscience of ethics. Strategies are suggested to address these challenges and improve the quality of research and increase neuroscience's usefulness for applied ethics and society at large. Finally, we reflect on potential outcomes of a neuroscience of ethics and discuss the different strategies that could be used to support knowledge transfer to help different stakeholders integrate knowledge from the neuroscience of ethics. (shrink)

Morality, ethics, and the law : an overview of the foundations of contemporary clinical ethical analysis -- Case studies : ethical and legal challenges in the care of the neurologically injured critically ill patient -- Civil law and liability : the law of medical malpractice -- Legal reasoning, legal process, legal proof, and why it is confusing to clinician scientists -- Regulatory law and the clinical practice of the neurosciences -- Digital medicine and the data revolution managing digital distraction (...) and EMR : liability while leveraging opportunities in teleneurology and telecritical care -- Developing and leading a sustainable high reliability high performing unit : theories of quality, teamwork, medical error, and patient safety -- Neurolaw and the integration of neuroscience, ethics, and the law : the new frontiers. (shrink)

The article deals with the philosophical problem field of modern neuroethics. The general idea of the state of modern neuroethics is given and it is shown that research in this area encompasses both fundamental problems that classically belonged to the field of philosophy research (for example, such as the problem of psychophysical dualism, the physical bases of consciousness, freedom of will and its interrelation with brain activity) and problems with applied orientation, explicating the ethical-social and legal dimension of innovation development (...) in the field of neuroscience and actualizing the analysis of their social risks. It is shown that the development of neuro-ethics in the modern world became possible thanks to a special way of functioning of modern science, which was called the technology of science and to the development of the phenomenon of technological development ethification, which in practical terms was expressed in the study of the problem of the correspondence of the results of innovative scientific and technical projects to the interests of various social groups, their expectations and values, and also helped to determine the status of new technologies in relation to social reality. The article gives an idea of the existing normative field necessary for the development of neuro-ethics. On the basis of using the resource of discourse analysis of R. Harre, who singled out personal grammar (P-grammar), organism grammar (O-grammars) and molecular grammar (M-grammar), a philosophical analysis of such a problem of modern neuroethics as brain death was carried out. Also was given a structural description of new biotechnogenic identities of human being. The conclusion is drawn that the concept of brain death is an example of the conventional nature of scientific truth, the formation of which is influenced by various socio-cultural and economic factors. In the context of the development of neuroscience and the emergence of new methods of brain regeneration, it can be rethought. (shrink)

This paper analyses ethical training in neuroscience curricula at universities in Australia, Canada, Germany, the United States and the United Kingdom. The main findings are that 52 % of all courses have ethical training available, while in 82 % of those cases, the training is mandatory. In terms of specific contents of the teaching, ethical issues about ‘animal subjects and human participation in research’, ‘scientific misconduct’, and ‘treatment of data’ were the most prominent. A special emphasis during the research was (...) placed on the prevalence of dual-use bioethics. In total, only 3 % of all courses mention it in any of their modules. One of the major findings of the survey was the trend towards ‘mainstreaming’ ethics education particularly in the UK, which is to disperse ethics among the various modules within the education instead of relying on a single ethics module. The paper discusses the utility of this approach for science education as well as describes the overall difficulties that course coordinators face when trying to teach ethics based on the responses to the qualitative part to the survey. (shrink)

New advances in neuroscience promise innovations in national security, especially in the areas of law enforcement, intelligence collection, and armed conflict. But ethical questions emerge about how we can, and should, use these innovations. This book draws on the open literature to map the development of neuroscience, particularly through funding by the Defense Advanced Research Projects Agency, in certain areas like behavior prediction, behavior modification, and neuroenhancement, and its use in the creation of novel weapons. It shows how advances in (...) neuroscience and new technologies raise ethical issues that challenge the norms of law enforcement, intelligence collection, and armed conflict, broadly grouped under the term "national security." Increasing technological sophistication without attention to ethics, this book argues, risks creating conditions for the development of "dual-use" technologies that may be prone to misuse, are grounded in an incomplete understanding of the brain, or are based on a limited view of the political contexts in which these technologies arise. A concluding section looks at policy and regulatory options that might promote the benefits of emerging neuroscience, while mitigating attendant risks. Key Features: First broad survey of the ethics of neuroscience as it applies to national security Innovative ethical analysis over a range of cross-cutting technologies including behavior prediction and modification tools, human enhancement, and novel lethal and nonlethal weapons Ethical analysis covering all stages from the development, testing, and use of these technologies; and decisions from the individual scientist to the nation state Strong policy focus at multiple levels, from self-governance to international regulation Combination of philosophical analysis with grounded, practical recommendations. (shrink)

BackgroundAn increasing number of studies utilize intracranial electrophysiology in human subjects to advance basic neuroscience knowledge. However, the use of neurosurgical patients as human research subjects raises important ethical considerations, particularly regarding informed consent and undue influence, as well as subjects’ motivations for participation. Yet a thorough empirical examination of these issues in a participant population has been lacking. The present study therefore aimed to empirically investigate ethical concerns regarding informed consent and voluntariness in Parkinson’s disease patients undergoing deep brain (...) stimulator (DBS) placement who participated in an intraoperative neuroscience study.MethodsTwo semi-structured 30-minute interviews were conducted preoperatively and postoperatively via telephone. Interviews assessed participants’ motivations for participation in the parent intraoperative study, recall of information presented during the informed consent process, and participants’ postoperative reflections on the research study.ResultsTwenty-two participants (mean age = 60.9) completed preoperative interviews at a mean of 7.8 days following informed consent and a mean of 5.2 days prior to DBS surgery. Twenty participants completed postoperative interviews at a mean of 5 weeks following surgery. All participants cited altruism or advancing medical science as “very important” or “important” in their decision to participate in the study. Only 22.7% (n = 5) correctly recalled one of the two risks of the study. Correct recall of other aspects of the informed consent was poor (36.4% for study purpose; 50.0% for study protocol; 36.4% for study benefits). All correctly understood that the study would not confer a direct therapeutic benefit to them.ConclusionEven though research coordinators were properly trained and the informed consent was administered according to protocol, participants demonstrated poor retention of study information. While intraoperative studies that aim to advance neuroscience knowledge represent a unique opportunity to gain fundamental scientific knowledge, improved standards for the informed consent process can help facilitate their ethical implementation. (shrink)

This study aims to develop guidelines of key concepts and specific considerations to make the research more ethical when conducting neurological examinations and treatment interventions in mentally ill patients. We analyzed guideline development theory and literature, previous issues, and discussions with specialists of philosophy, medicine, sociology, and bioethics. The selection of research participants, drafting of intervention plans, and informed consent process were examined with reference to the dual burden; the minimal risk as a general rule of ethical allowance levels, assent (...) and dissent to assess the individual’s judgment capacity for consent, relational autonomy for personal consent with assistance by the proxy, and risk/benefit assessments. When conducting studies, this guideline requires that these three processes be set up appropriately on a case-by-case basis. (shrink)

The recently published BRAIN 2.0 Neuroethics Report offers a very helpful overview of the possible ethical, social, philosophical, and legal issues raised by neuroscience in the context of BRAIN’s research priorities thus contributing to the attempt to develop ethically sound neuroscience. In this article, we turn to a running theme of the document: the need for an ethical framework for the BRAIN Initiative and for further integration of neuroethics and neuroscience. We assess some of the issues raised and provide an (...) explanation of how we have addressed them in the Human Brain Project. We offer our experience in the HBP as a potential contribution to the international debate about neuroethics in the big brain initiatives. Our hope is that among other things, the type of exchange proposed by this AJOB special issue will prove productive in further identifying and discussing the issues and in inspiring appropriate solutions. (shrink)

Background Chronic pain is a pervasive and invisible condition which affects people in a myriad of ways including but not limited to their quality of life, autonomy, mental and physical health, social mobility, and productivity. There are many ethical implications of neuroscience research on chronic pain, given its potential to reduce suffering and improve the lived experience of people in pain. While a growing body of research studies the etiology, neurophysiology, and management of chronic pain, it is unknown to what (...) degree neuroscience research in this area engages with relevant ethics concepts. Aim To explore the presence of ethics concepts in empirical chronic pain neuroscience literature to advance knowledge regarding the ethics of chronic pain management. Methods We conducted a hybrid bibliometric analysis and scoping review of chronic pain neuroscience articles published between 1999 and 2021 to identify the presence of ethics concepts. We selected articles from the top, middle, and bottom 20 neuroscience journals ranked by Impact Factor. We conducted a database search of Web of Science and a hand-search using PubMed, Google Scholar, and the reference lists of included articles. Findings Our database search yielded 2779 results from which 46 articles met inclusion criteria. An additional 13 articles were hand-retrieved using PubMed and Google Scholar in accordance with the inclusion criteria, totaling 59 articles. We identified four main ethics themes in our analysis: 1) Quality of Life (n = 46), 2) Autonomy (n = 5), 3) Transparency (n = 4), and 4) Beneficence and Non-Maleficence (n = 4). Conclusion Most neuroscience papers do not include a discussion of ethics related to chronic pain conditions. Those that do tend to merely state rather than define or contextualize a particular ethics concept. Given the potential ethical implications of neuroscience research for people living with chronic pain, we argue that to maximize its public health benefit, neuroscience researchers should consider the ethical relevance of their work within their scientific publications. This may generate further ethical reflection within the field, to improve pain management. (shrink)

Recent research in computational neuroscience has demonstrated that we now possess the ability to simulate neural systems in significant detail and on a large scale. Simulations on the scale of a human brain have recently been reported. The ability to simulate entire brains (or significant portions thereof) would be a revolutionary scientific advance, with substantial benefits for brain science. However, the prospect of whole-brain simulation comes with a set of new and unique ethical questions. In the present paper, we briefly (...) outline certain of those problems and emphasize the need to begin considering the ethical aspects of computational neuroscience. (shrink)

If one believes that the brain is, in some as yet unspecified way, the organ of mind and behaviour, then all human behaviour has a neurobiological basis. Neuroscience research over the past several decades has provided more specific reasons for believing that many addictive phenomena have a neurobiological basis. The major psychoactive drugs of dependence have been shown to act on neurotransmitter systems in the brain (Nutt 1997; Koob 2000); common neurochemical mechanisms underlie many of the rewarding effects of these (...) drugs and the phenomena of tolerance and withdrawal symptoms (Hyman & Malenka 2001; Koob 2000), and there is evidence for a genetic vulnerability to addiction (Nestler 2001; Uhl 1999) that is mediated by genes that regulate the metabolism of psychoactive drugs and the brain neurotransmitter systems on which they act (Uhl 1999). (shrink)

We have only a limited understanding of how the brain enables thought and behavior and how it becomes dysfunctional in neuropsychiatric disorders. Research in cognitive psychology, psychiatry, neurology, neurosurgery and nuclear medicine has been critical to our current understanding of the brain. Continued research is necessary to gain more knowledge of the etiology and pathophysiology of brain disorders and develop therapies to safely and effectively control and possibly prevent them. Yet mapping the brain through neuroimaging and intervening in the brain (...) with psychotropic drugs, growth factors or implantable neuromodulating devices entail certain risks for research subjects participating in clinical trials. These risks need to be weighed against the potential benefit of knowledge gained from the outcomes of these trials to millions of people suffering from psychiatric and neurological diseases. The risks in neuroscience research are greater than in any other area of medicine and biotechnology because the brain is the source of the mind and the psychological properties that define persons. Can patients with neuropsychiatric disorders give informed consent to participate in neuroscience research? If they cannot consent, then can others give proxy consent on their behalf? What are the obligations of investigators recruiting and monitoring research subjects? In discussing the ethical issues in this research, this chapter focuses on neuroimaging to assess patients with severe brain injuries, neuromodulating techniques such as deep brain stimulation in neurology and psychiatry and brain-computer interfaces to bypass brain and spinal cord injury in restoring movement and communication. (shrink)

Many philosophies of engagement build upon pedagogical, metaphysical, epistemological and ethical frameworks, particularly Virtue Ethics frameworks. However, a glance at the literature suggests that there are many debates about the nature, meaning, value and application of such things. In this paper, I will look at some recent empirical work (particularly in neuroscience) on virtues. I will argue that not only do such (empirical) studies enrich and deepen our understanding of virtues and indeed of virtue ethics; when combined with a reinterpretation (...) of some key parts of virtue ethics, drawn from Aristotle, it may be possible to respond coherently to some well-­‐known “misgivings” about virtue ethics (and indeed its range of possible applications in education), namely that 1) ‘the previous history of virtue-­‐educational initiatives does not augur well for the prospects of future ones’; 2) ‘the study of virtue and character lacks a clear empirical methodology’; 3) ‘we know very little about the impact of previous interventions in this field.’(Kristjánsson, 2013) It may also make possible a more cogent explanation of the place of eudaimonia, if any, in modern (higher) education. (shrink)

This article provides a review and a perspective on the interaction between neuroscience and the media. It situates public discourse and the communication of neuroscience in an intricate web of social expectations and ethical responsibilities that converge and diverge between different stakeholders such as academic researchers, public sponsors of research, and the interested public. The article highlights some of the key ethical and social challenges that emerge when neuroscientists interact with the media. This study shows that the media manifests important (...) shortcomings in matters of neuroscience explanations and fosters some unrealistic expectations for the outcomes of neuroscience. It concludes with attention to some of the research and practical questions that need further attention in matters of ethics and communication in neuroscience. This article relies on a number of assumptions that need to be acknowledged from the onset. They explain the view that the communication of neuroscience is of crucial importance for neuroethics. (shrink)

This paper examines interwoven ethical and epistemological issues raised by attempts to promote responsive childcare practices based on neuroscience evidence on the developmental effects of early stress. The first section presents this “neuroscience argument for responsive early childcare”. The second section introduces some evidential challenges posed by the use of evidence from developmental neuroscience as grounds for parental practice recommendations and then advances a set of observations about the limitations of the evidence typically cited. Section three highlights the ethical implications (...) of the neuroscience argument for responsive early childcare. It argues that the neuroscience argument, first, fuels unwarranted parental anxiety by unduly raising the stakes of families’ early childcare choices and, second, threatens public confidence in developmental science’s potential to inform childcare practices and policy that enhance children’s health and well being. (shrink)

A growing international movement, called educational neuroscience, aims to inform educational research, policy, and practice with neuroscience and cognitive science research. The research brings a powerful capability to directly intervene in children's biological makeup, stirring ethical questions about the very nature of child rearing, and the role of education in this process. This study argues that designing children is ethically unacceptable and presents a few case studies to highlight important ethical issues. This article focuses on a central issue—the distinction between (...) two general types of educational interventions informed by neuroscience, designing children versus raising children. These scenarios envision educational reforms that might follow in the wake of advances in understanding the biological bases of ethical behaviors. It hopes to provoke others to consider emerging ethical issues in mind, brain, and education, and to take preemptive action to protect children's right to participate in their own development. (shrink)

Advances in the neurosciences have many implications for a collective understanding of what it means to be human, in particular, notions of the self, the concept of volition or agency, questions of individual responsibility, and the phenomenology of consciousness. As the ability to peer directly into the brain is scientifically honed, and conscious states can be correlated with patterns of neural processing, an easy—but premature—leap is to postulate a one-way, brain-based determinism. That leap is problematic, however, and emerging findings (...) in neuroscience can even be seen as compatible with some of the basic tenets of existentialism. Given the compelling authority of modern “science,” it is especially important to question how the findings of neuroscience are framed, and how the articulation of research results challenge or change individuals’ perceptions of themselves. Context plays an essential role in the emergence of human identity and in the sculpting of the human brain; for example, even a lack of stimuli (“nothing”) can lead to substantial consequences for brain, behavior, and experience. Conversely, advances in understanding the brain might contribute to more precise definitions of what it means to be human, including definitions of appropriate social and moral behavior. Put another way, the issue is not simply the ethics involved in framing neurotechnology, but also the incorporation of neuroscientific findings into a richer understanding of human ethical (and existential) functioning. (shrink)

In 1994, the governing council of the Society for Neuroscience was asked to make a brief statement on an issue regarding responsible conduct in publishing. The present article reviews how that initial request grew over the next four years into a lengthy document. Drawing on that experience, which was presided over by the author, comments are made about the potential impact of such guidelines, the lessons learned, and the proper role of professional societies in promoting responsible conduct in research.

There has been much debate recently about the meaning, place and function of “character” and “character traits” in Virtue Ethics. For example, a number of philosophers have argued recently that Virtue Ethics would be strengthened as a theory by the omission of talk of character traits; recent neuroscientific studies have suggested that there is scope for scepticism about the existence of such traits. I will argue that both approaches are flawed and unconvincing: in brief, the first approach tends to be (...) predicated on a narrow or insufficient conception of “character” and “character traits”; the second approach tends to go well beyond the available (empirical) evidence. Finally, I will argue that it is possible to point to a philosophy of education that is deeply informed by an understanding of virtue and ethics in which the concept of character has a coherent and meaningful role. (shrink)

The present essay discusses the relationship between moral philosophy, psychology and education based on virtue ethics, contemporary neuroscience, and how neuroscientific methods can contribute to studies of moral virtue and character. First, the present essay considers whether the mechanism of moral motivation and developmental model of virtue and character are well supported by neuroscientific evidence. Particularly, it examines whether the evidence provided by neuroscientific studies can support the core argument of virtue ethics, that is, motivational externalism. Second, it discusses how (...) experimental methods of neuroscience can be applied to studies in human morality. Particularly, the present essay examines how functional and structural neuroimaging methods can contribute to the development of the fields by reviewing the findings of recent social and developmental neuroimaging experiments. Meanwhile, the present essay also considers some limitations embedded in such discussions regarding the relationship between the fields and suggests directions for future studies to address these limitations. (shrink)

본 연구의 목적은 “(신경과학의 발견 사실에 대한) 신경윤리학의 도덕적 설명은 도덕적 정당화를 대체할 수 없다.”라는 주장을 검증함으로써 신경과학 시대의 규범윤리학의 고유한 가치와 역할을 논구하는 것이다. 본 연구는 이를 위해 신경과학과 신경윤리학이 규범윤리학에 제기하는 ‘뇌 결정론과 환원론, 그리고 자유의지의 문제’와 ‘도덕 판단에 대한 신경윤리학의 설명 문제’라는 도전적 과제를 규범윤리학의 관점에서 비판적으로 논구한다. (1) 인간의 판단과 행위의 물리적 원인과 도덕적 이유는 구분되는 것이기 때문에, 뇌의 신경 활동에 대한 신경과학의 기술적 설명이 인간의 판단과 행위의 도덕적 이유 내지 정당화 근거를 대체할 수는 없다. (2) (...) 신경윤리학은 신경과학의 연구 결과로부터 도덕적 당위 내지 도덕규범을 도출할 수는 없으며, 인간의 도덕 판단에 대한 신경윤리학의 설명이 도덕의 규범적 근거에 기반을 둔 도덕적 정당화를 대체할 수도 없다. 그러므로 우리는 신경과학 시대에도 도덕의 규범적 근거를 정초하고 도덕적으로 정당화될 수 있는 행위를 유발하는, 즉 도덕적 정당화 기능과 도덕적 행위 동기화 기능을 수행하는 규범윤리학의 고유한 가치와 역할을 인정해야 한다. 그리고 신경과학(신경윤리학)은 규범윤리학의 고유한 역할 수행에 간접적으로 기여할 바가 있기 때문에, 우리는 규범윤리학과 신경과학(신경윤리학)의 상호작용을 조심스럽게 추구하는 것도 요청된다. (shrink)

The Hippocratic Oath is a code of ethics defining correct behaviour by physicians they are required to commit themselves to before being accepted into the profession. It was the first code of ethics for any profession. While originating in Ancient Greece, it subsequently evolved, but the current code still embodies many of the core injunctions of the original code. The most widely accepted current form is the 2006 The Declaration of Geneva by the World Medical Association to be taken before (...) being admitted as a member of the medical profession. The most important of its injunctions are: ‘The health of my patient will be my first consideration’ and ‘I will maintain the utmost respect for human life’. The first is a rewording of the injunction from Epidemics, Book I, of the Hippocratic school: ‘Practice two things in your dealings with disease: either help or do not harm the patient.’ This was later simplified to the most basic precept of the Hippocratic Oath: ‘First, do no harm.’ It is one of the principal precepts of bioethics that all students in healthcare that, given an existing problem, it may be better not to do something, or even to do nothing, than to risk causing more harm than good. The development of neurotechnology could be subsumed with little modification under the Geneva formulation of the Hippocratic Oath, extending this precept to a commitment not to damage people’s psychological health. (shrink)

The new methods of modern sciences can contribute to understand the genesis of mental illness, the disturbances in brain chemistry, physiology, anatomy or genetical information underlying different diseases of the nervous system. Understanding mental illness is not only challenging to science, but is also of great social importance. Moreover, the new developments of neurosciences put new lights on discussions such as brain-mind concepts, unity of mind, definition of consciousness and even definition of the person.For the majority of the scientists, (...) it is clear today that the mind can not be conceived any more as unique and indivisible. For philosophers, it is clear also that neuroscience influenced their vision of life and death: neurosciences are not strange to the debate whole-body death versus whole-brain death for instance. Modern scientific achievements have expanded our vision, allowing us to percieve previously unanticipated interrelationships between biological and psychological phenomena. The boundary between some behavioural and higher neural function studies and biology is arbitrary and changing. It has been imposed not by the natural contours of the disciplines, but by lack of knowledge. (shrink)

Levy’s essay (2011) claims that some intuitions leading to one’s moral judgments can be unreliable, and he proposes the use of a more reliable, third party, empirical measure. It is commendable that Levy attempts to work beyond traditional bounds; however, the author’s use of functional magnetic resonance imaging (fMRI) data is questionable in supporting an argument about intentionality. As neuroscientists, we rely upon evidence-based thinking and conclusions to create generalizable knowledge, and while fMRI data can be informative in broad correlational (...) accounts of behavior, to rely upon these data as reliable measures of intuition is arguably just as speculative as the first-person account. It is of deep concern that society may attempt to apply these data in the manner Levy describes. Indeed, alarming misappropriation of fMRI and electroencephalography. (shrink)

Neuroscience cannot and should not be allowed to replace normative questions with scientific onesOver the past few years considerable attention has been paid to a variety of issues that are now placed collectively under the heading of “Neuroethics”. In both the academic and the popular press there have been discussions about the possibilities and problems offered by cognitive enhancement and neuroimaging as well as debate about the implications of these emerging “neurotechnologies” for morality and the law. This issue of the (...) journal contains eight papers that discuss a broad range of important topics in neuroethics, from cognitive enhancement and the moral status of animals and cyborgs, to the challenges of neurological consults in end of life cases. As these papers demonstrate, advances in neuroscience raise a number of important ethical questions, but can neuroscience help provide any answers?FACT AND VALUEAccording to the received philosophical wisdom, there is a fundamental distinction between fact and value—between how things are and how they ought to be. On the basis of this distinction one cannot draw normative conclusions from descriptive premises because there is nothing in the premises that would warrant such conclusions: from the fact that happiness is desired it does not follow that it ought to be. This received wisdom applies to neuroethics in the following way: whereas neuroscience might be able to identify the neurophysical correlates for evaluative notions such as preferences and attitudes,1,2 lying,3 and the distinction between in control and out of control behaviour,4 neuroscience cannot, in and by itself, provide the basis for their evaluation. The reason for this is that, in the absence of factors external to these neurophysical states, one neurophysical state is no better or worse than another—internal neurophysical states are logically …. (shrink)

Abstract Advances in technology now make it possible to monitor the activity of the human brain in action, however crudely. As this emerging science continues to offer correlations between neural activity and mental functions, mind and brain may eventually prove to be one. If so, such a full comprehension of the electrochemical bases of mind may render current concepts of ethics, law, and even free will irrelevant. Content Type Journal Article Category Original Paper Pages 1-5 DOI 10.1007/s11948-012-9351-1 Authors Thomas R. (...) Scott, San Diego State University, San Diego, California, USA Journal Science and Engineering Ethics Online ISSN 1471-5546 Print ISSN 1353-3452. (shrink)

As scientists advance knowledge of the brain and develop technologies to measure, evaluate, and manipulate brain function, numerous questions arise for religious adherents. If neuroscientists can conclusively establish that there is a functional network between neural impulses and an individual’s capacity for moral evaluation of situations, this will naturally lead to questions about the relationship between such a network and constructions of moral value and ethical human behavior. For example, if cognitive neuroscience can show that there is a neurophysiological basis (...) for the moral appraisal of situations, it may be argued that the world’s religions, which have traditionally been the keepers and purveyors of ethical values, are rendered either spurious or irrelevant. The questions point up broader dilemmas in the interface between science and religion, and raise concerns about the ethics of neurological research and experimentation. Since human beings will still arbitrate what is “moral” or “ethical,” how can religious perspectives enrich the dialogue on neuroethical issues and how can neuroscience enrich dialogue on religion? Buddhist views on the nature of consciousness and methods of practice, especially meditation practice, may contribute to discussions on neuroscience and theories about the interrelationship between consciousness and ethical awareness by exploring the role that karma, intentionality, and compassion play in Buddhist understandings of the interrelationship between consciousness and ethics. (shrink)

Since a number of years, popular and scientific interest in resilience is rapidly increasing. More recently, also neuroscientific research in resilience and the associated neurobiological findings is gaining more attention. Some of these neuroscientific findings might open up new measures to foster personal resilience, ranging from magnetic stimulation to pharmaceutical interventions and awareness-based techniques. Therefore, bioethics should also take a closer look at resilience and resilience research, which are today philosophically under-theorized. In this paper, we analyze different conceptualizations of resilience (...) and argue that especially one-sided understandings of resilience which dismiss social and cultural contexts of personal resilience do pose social and ethical problems. On a social level such unbalanced views on resilience could hide and thereby stabilize structural social injustices, and on an individual level it might even lead to an aggravation of stress-related mental health problems by overexerting the individual. Furthermore, some forms of fostering resilience could be a latent form of human enhancement and trigger similar criticisms. (shrink)

Currently there are several psychotherapy modalities utilising theory and research from neuroscience in treatment frameworks for mental health and recovery from trauma. In Australia this includes: the Conversational Model of Psychodynamic Psychotherapy, a contemporary psychodynamic approach used for treating Borderline Personality Disorder and other trauma-related disorders; Electroencephalogram Neurofeedback, a brain training therapy which has been used as an adjunct to counselling/psychotherapy in traumatic stress and developmental trauma; and Somatic Experiencing, an integrative mind-body approach based on body responses to threat and (...) fear, especially thwarted attempts to enact fight or flight in the face of threat. These modalities have a promising but still-limited evidence base. This paper explores the role of different types of evidence to frame a descriptive review of the current evidence base available for clinicians practicing in these three modalities. While large clinical trials can provide evidence of comparative effectiveness, case studies, observational, qualitative and practice-based enquiry can assist in discovering other aspects of therapy important for individual clients and practitioners. Existing frameworks of evidence- and ethics-informed health and clinical decision-making suggest an ethical approach can incorporate new, developing and evidence-building therapies. Recommendations include careful consideration of informed consent for therapy including disclosure of efficacy and safety, and specific to psychotherapies incorporating neuroscience, a need for practitioners to reflectively assess their own knowledge, competence, heuristic approaches and biases. (shrink)

In the target article, Grant Gillett (2009) has taken an important step toward greater synthesis of neuroethics, philosophy, and neuroscience. In his neo-Aristotelian account, Gillett posits a nece...

Cyberbiosecurity is an emerging field that relates to the intersection of cybersecurity and the clinical and research practice in the biosciences. Beyond the concerns that usually arise in the areas of genomics, this paper highlights ethical concerns raised by cyberbiosecurity in clinical neuroscience. These concerns relate not only to the privacy of the data collected by imaging devices, but also the concern that patients using various stimulatory devices can be harmed by a hacker who either obfuscates the outputs or who (...) interferes with the stimulatory process. The paper offers some suggestions as to how to rectify these increasingly dire concerns. (shrink)

Neuroscience, together with a broadened concept of “mind” has instigated pragmatic and ethical concerns about the experience and treatment of pain. If pain medicine is to be authentic, it requires knowledge of the brain-mind, pain, and the relative and appropriate “goodness” of potential interventions that can and/or should be provided. This speaks to the need for an ethics that reflects and is relevant to the contemporary neuroscience of pain, acknowledgment and appreciation of the sentient being in pain, effects of environment (...) and value(s), and the nature of healing. It may be that neuroethics provides this viable meta-ethic for pain care. This essay describes how an integrative neuroethics of pain care allows, if not obligates, alignment of facts, values, and moral attitudes as a continuing process of re-investigation, analysis, and revision of what we know (and don’t know) about brains, minds, selves, and how we regard and treat the painient. (shrink)

Neuroscience is clearly making enormous progress toward understanding how human brains work. The implications of this progress for ethics, law, society, and culture are much less clear. Some have argued that neuroscience will lead to vast changes, superseding much of law and ethics. The likely limits to the explanatory power of neuroscience argue against that position, as do the limits to the social relevance of what neuroscience will be able to explain. At the same time neuroscience is likely to change (...) societies through increasing their abilities to predict future behavior, to infer subjective mental states by observing physical brain states (“read minds”), to provide evidence in some cases relevant to criminal responsibility, to provide new ways to intervene to “treat antisocial brains,” and to enhance healthy brains. Neuroscience should make important cultural changes in our special, and specially negative, views of “mental” versus “physical” illness by showing that mental illness is a dysfunction of a physical organ. It will not likely change our beliefs, implicit or explicit, in free will, or spark a new conflict between science and religion akin to the creationism controversy. (shrink)

More particularly, the book evaluates the concept of moral exemplarity and its significance in philosophical and theological ethics as well as for ongoing research programs in the cognitive sciences.

Advancing neuroscience is one of many topics that pose a challenge often called “the alignment problem”—the challenge, that is, of assuring that science policy is responsive to and in some sense squares with the public's values. This issue of the Hastings Center Report launches a series of scholarly essays and articles on the ethical and social issues raised by this vast body of medical research and bench science. The series, which will run under the banner “Neuroscience and Society,” is supported (...) by the Dana Foundation and seeks to promote deliberative public engagement, broadly understood, about neuroscience. As a social goal, deliberative public engagement is both ubiquitous and elusive—called for everywhere yet difficult to undertake at a national level on a complex scientific topic. To be meaningful, deliberative public engagement must occur in many locations in a society and be carried forward by many actors. Scholarly writing might contribute in several ways. (shrink)