NEUROINTERVENTIONS AND THE LAW

NEUROINTERVENTIONS AND THE LAW

REGULATING HUMAN MENTAL CAPACITY

VINCENT, N. / NADELHOFFER, T. / MCCAY, A.

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Editorial:
OXFORD UNIVERSITY PRESS
Año de edición:
2021
Materia
Derecho civil
ISBN:
978-0-19-065114-5
Edición:
1

Contributors

1. Law Viewed Through the Lens of Neurointerventions
Nicole A Vincent, Thomas Nadelhoffer, and Allan McCay

PART I. CONCEPTUAL, ETHICAL, AND JURISPRUDENTIAL ISSUES

2. Cognitive Enhancement: Defending the Parity Principle
Neil Levy

3. Why Means Matter: Legally Relevant Differences Between Direct and Indirect Interventions into Other Minds
Jan Christoph Bublitz

4. Neuroprosthetics, Behavior Control, and Criminal Responsibility
Walter Glannon

5. Is There Anything Wrong With Using AI Implantable Brain Devices to Prevent Convicted Offenders from Reoffending?
Frédéric Gilbert and Susan Dodds

6. Offering Neurointerventions to Offenders With Cognitive-Emotional Impairments: Ethical and Criminal Justice Aspects
Farah Focquaert, Kristof Van Assche, and Sigrid Sterckx

7. Diversion Courts, Traumatic Brain Injury, and American Vets
Valerie Gray Hardcastle

8. Neurobionic Revenge Porn and the Criminal Law: Brain — Computer Interfaces and Intimate Image Abuse
Allan McCay

PART II. PUNISHING PEOPLE

9. Folk Jurisprudence and Neurointervention: An Interdisciplinary Investigation
Thomas Nadelhoffer, Daniela Goya- Tocchetto, Jennifer Cole Wright, and Quinn McGuire
10. Judicious Use of Neuropsychiatric Evidence When Sentencing Offenders With Addictive Behaviors: Implications for Neurointerventions
Andrew Dawson, Jennifer Chandler, Colin Gavaghan, Wayne Hall, and Adrian Carter

PART III. HEALING PEOPLE

11. "It Will Help You Repent": Why the Communicative Theory of Punishment Requires the Provision of Medications to Offenders With ADHD
William Bülow

12. Is It Really Ethical to Prescribe Antiandrogens to Sex Offenders to Decrease Their Risk of Recidivism?
Christopher James Ryan

13. Chemical Castration as Punishment
Katrina L. Sifferd

14. Foundational Facts for Legal Responsibility: Human Agency and the Aims of Restorative Neurointerventions
Paul Sheldon Davies

PART IV. CHANGING PEOPLE

15. Make Me Gay: What Neurointerventions Tell Us About Sexual Orientation and Why It Matters for the Law
Andrew Vierra

PART V. ENHANCING PEOPLE

16. Neuroenhancement, Coercion, and Neo- Luddism
Alexandre Erler

17. Neurointerventions and Business Law: On the Legal and Moral Issues of Neurotechnology in Business and How They Differ From the Criminal Law Context
Patrick D. Hopkins and Harvey L. Fiser

Index

This volume makes a contribution to the field of neurolaw by investigating issues raised by the development, use, and regulation of neurointerventions. The broad range of topics covered in these chapters reflects neurolaw's growing social import, and its rapid expansion as an academic field of inquiry. Some authors investigate the criminal justice system's use of neurointerventions to make accused defendants fit for trial, to help reform convicted offenders, or to make condemned inmates sane enough for execution, while others interrogate the use, regulation, and social impact of cognitive enhancement medications and devices. Issues raised by neurointervention-based gay conversion "therapy", efficacy and safety of specific neurointervention methods, legitimacy of their use and regulation, and their implications for authenticity, identity, and responsibility are among the other topics investigated. Dwelling on neurointerventions also highlights tacit assumptions about human nature that have important implications for jurisprudence. For all we know, at present such things as people's capacity to feel pain, their sexuality, and the dictates of their conscience, are unalterable....

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