![]() |
« December 2010 | Main | February 2011 »
![]() |
Posted by Adam Kolber on 01/31/2011 at 12:30 PM | Permalink | Comments (0)
According to this BBC article, a 6' 9'', 500+ pound Dutch prisoner is arguing that keeping him in an ordinary cell violates the European Convention on Human Rights.
The issue relates to a more general phenomenon that I discuss in The Subjective Experience of Punishment (as well as here and here). Namely, not all prisoners experience conditions of confinement in the same way. Though we typically ignore differences in punishment experience, I argue that, according to our best justifications of punishment, we are morally required to take such differences into account.
In many cases, it is difficult to accurately assess or anticipate an inmate's punishment experiences. In a case like this one, however, it is easy to see why the prisoner will have an especially difficult time. According to the article, he has to duck his head to fit in the door of his cell. He cannot fit comfortably on his bed, and in order to shower, "he must first wedge himself into the cubicle, then crouch down under the head." No doubt, we must consider the costs involved in accommodating this prisoner, but we cannot pretend that he is likely to experience the confined conditions of incarceration in the same way as the average prisoner.
And while it is true that he ought to have taken his large size into account before he committed criminal activity that could land him in prison, such facts do not alter our usual analysis of proportional punishment. If people could justly be incarcerated under any conditions whenever they knew or should have known about those conditions before committing criminal activitly, then we could justify virtually any conditions of confinement for any crime. Similar reasoning would justify locking people up for any duration, so long as they were informed of the duration in advance.
Part of the reason that people are hesitant to make adjustments for a prisoner like this is that they view the adjustments as "special accommodations." Indeed, they are given real-world prisons that have already been constructed. We deem subjectively-sensitive punishments to be special accommodations, however, partly because we fixate on our conventional, objective understanding of punishment conditions. As I explain in my article:
Imagine, by contrast, the fictitious punishment of “boxing,” where an offender who is boxed is confined to a cell that has dimensions n by n by n, where n equals the height of the offender. Setting aside the horrendousness of the punishment itself, is it unfair when offenders of different heights are boxed? I think not. Yet, in objective terms, offenders who are boxed receive quite different punishments. Nevertheless, it seems fair that taller people should be placed in larger cells than shorter people. Simply by reframing punishment descriptions in subjective terms, we can ease or eliminate perceptions of punishment inequality.
My thanks to Doug Berman for his blog post that helpfully points to other discussions of the subjective experience of punishment by Simons, Baer, Bronsteen, Buccafusco, Masur, Markel, Flanders, and Gray.
(Originally posted at Crim Prof Blog.)
Posted by Adam Kolber on 01/28/2011 at 03:30 PM | Permalink | Comments (0)
![]() |
Last Edition's Most Popular Article:
In The Popular Press:
|
||
|
Posted by Adam Kolber on 01/23/2011 at 02:41 AM | Permalink | Comments (0)
I recently received the following job announcement. Please direct inquiries to the people listed below:
Associate Director for the Law and Neuroscience Project
Vanderbilt University Law School
The national MacArthur Foundation Law and Neuroscience Project, headquartered at Vanderbilt University Law School, is currently accepting applications for the Associate Director position. The Associate Director will report to Director Owen Jones, New York Alumni Chancellor's Chair in Law & Professor of Biological Sciences, and will be responsible for assisting in both the substantive and procedural management and operation of the Law and Neuroscience Project. The term of the position begins on May 16, 2011, with a flexible start date, and runs through June 30, 2012, with up to two additional years possible. Candidates must relocate to Nashville. This position requires both a bachelor's degree and an advanced degree. A law degree, as well as minimum of 24 months of relevant experience, is strongly preferred, as is familiarity with academic research. Applicants need not come from science backgrounds. However, some familiarity with one or more of the fields of biology, psychology, or neuroscience may prove helpful (and should be mentioned). Salary is competitive and commensurate with education and experience. For a detailed job description, see: http://law.vanderbilt.edu/recruitment/lawneuro/index. aspx .
For more information on the Project, see: http://www.lawneuro.org. To apply, please send or email a C.V., transcript (unofficial is acceptable), brief writing sample, and a letter of intent to either:
[email protected] (preferred)
or to:
Sue Ann Scott
Assistant Dean for Personnel Services
Vanderbilt University Law School
131 21st Ave. South
Nashville TN, 37203
Applications will be accepted on a rolling basis until the position is filled.
Vanderbilt is a smoke-free workplace in compliance with the Non-Smoker Protection Act, Tennessee Code Annotated 39-17-1801-1810. In accordance with that law and Vanderbilt policy, smoking is prohibited in all buildings on Vanderbilt property and on the grounds of the campus with the exception of designated outdoor smoking areas.
Vanderbilt is an equal opportunity, affirmative action employer.
Posted by Adam Kolber on 01/20/2011 at 12:46 PM | Permalink | Comments (0)
Moheb Costandi has written, "Cross-Cultural Neuroethics: Look Both Ways," at the Dana Foundation's website. Here's a snippet from the beginning:
In the Western World, we may take it for granted that our scientific values and ethical concepts are universal, but this is not the case. Although international codes of conduct have been developed to ensure all scientists adhere to ethical practices, they are not always relevant, because not everyone shares the same worldview. Indigenous peoples, for example, have fundamentally different worldviews and philosophies, and do not subscribe to our scientific values.
Cross-cultural neuroethics aims to overcome potential misunderstandings that might arise when the worldview of researchers differs from that of the community they are investigating.
Posted by Adam Kolber on 01/20/2011 at 12:38 PM | Permalink | Comments (0)
Susan M. Wolf (U. Minn, Law) has posted Incidental Findings in Neuroscience Research: A Fundamental Challenge to the Structure of Bioethics and Health Law (Oxford Handbook of Neuroethics, Judy Illes, Barbara Sahakian, eds., Oxford University Press, 2011) to SSRN. Here's the abstract:
Posted by Adam Kolber on 01/20/2011 at 04:12 AM | Permalink | Comments (0)
Posted by Adam Kolber on 01/18/2011 at 04:52 AM | Permalink | Comments (0)
Posted by Adam Kolber on 01/17/2011 at 04:50 AM | Permalink | Comments (0)
![]() |
Last Edition's Most Popular Article:
In The Popular Press:
|
||
|
Posted by Adam Kolber on 01/16/2011 at 05:56 AM | Permalink | Comments (0)
A recent study suggests “the continuity of personality’s association with directly observed behavior” (C.S. Nave et al., On the Contextual Independence of Personality: Teachers’ Assessments Predict Directly Observed Behavior After Four Decades, “Social Psychological and Personality Science”, 2010, http://spp.sagepub.com/content/early/2010/07/06/1948550610370717.abstract). In other words, certain behaviors and certain personality traits are basically hereditary and are not subject to environmental, social, and cultural influences. For example, “children rated by their teachers as ‘verbally fluent’ (defined as unrestrained talkativeness) showed dominant and socially adept behavior as middle-aged adults. Early ‘adaptability’ was associated with cheerful and intellectually curious behavior, early ‘impulsivity’ was associated with later talkativeness and loud speech, and early-rated tendencies to ‘self-minimize’ were related to adult expressions of insecurity and humility”.
This is an additional confirmation of the genetic components of personalities and of individual differences. This field of study is growing increasingly solid and is supported by reams of data. Nevertheless, even if we assume that all the control variables were taken into account, this study’s conclusion can still only remain applicable at the population level; that is, the presumed genetic pre-determination can explain (a great) part of the variability observed in the sample, or in the totality of the universe under consideration.
Unlike chemistry or physics, biology cannot count on rigorous laws that can explain all phenomena without exception. Nevertheless, biological studies whose results have a probability value at the individual level can have drastically different applications. For example, there a major difference between what happens in medicine and what happens in behavioural genetics (as in this case). If aspirin benefits 90% of flu patients, it can be prescribed to all flu patients, even though we know about 10% will not receive any benefits. The latter can then be treated with other drugs.
Consider a study (C.M. Ciarleglio et. al., Perinatal photoperiod imprints the circadian clock, “Nature Neuroscience”, 2010, http://www.nature.com/neuro/journal/v14/n1/full/nn.2699.html) that claims that the season during which one is born influences the circadian clock and has weak effects on mood and propensity towards depression or schizophrenia. How should it be interpreted at the individual level? Should each individual be analyzed separately, or can general inferences be drawn, almost as if in a horoscope (indeed, a major Italian newspaper featured the following title: “Scientists admit that birth date influences character”). However, it is easy to find individuals born on the same date, but with drastically different personalities (this was Augustine’s objection to belief in horoscopes). The same seems to hold true for studies on behavioral characteristics that are generally hereditary. The far-from-trite warning that emerges out of this is that there is a difference in study types, not in and of themselves, but in terms of their interpretations and/or applications.
Indeed, each one of us is familiar with cases in which a child or youth with a certain personality eventually developed quite different, if not opposite, character traits or attitudes. The risk of a hurried reading of studies such as the ones cited above lies not so much in its objective conclusions, but in the possible development of a “fatalist” mentality. With this concept we refer to the fact than one may think it impossible to change their – or someone else’s – personality, whether for better or worse. On the basis of a superficial scientific culture stoked by the uncritical diffusion of results such as those cited above, one might conclude that education, family, society, and institutions matter little against genes; that we are “condemned” to be what we are since childhood. This also brings with it the risk of a certain complacency towards oneself and a superficial “acceptance of one’s shortcomings”, against which nothing can be done anyway. Science says so. The role of culture, the ethics of self-improvement and improving others (in a non-coercive way, it goes without saying, but through leading by example and encouragement) would gradually lose importance and credibility.
Posted by ANDREA LAVAZZA on 01/13/2011 at 10:37 AM | Permalink | Comments (1)
In the current issue of Neuroethics:
By Jonathan M. Weinberg and Ellie Wang
Posted by Adam Kolber on 01/13/2011 at 07:43 AM | Permalink | Comments (0)
I'm pleased to be one of the keynote speakers at an upcoming neurolaw conference in Manhattan (March 15-16, 2011). There's an early-bird registration deadline on January 14. To find out all the details, follow this link.
From the website:
Advances in neuroscience are providing insight to the inner workings of the human brain and these discoveries are increasingly being used in criminal and civil courts. Learn how these findings are impacting criminality, guilt, deception, mental health, memory, addiction, and other issues. Discover the pitfalls and potential implications of applying neuroscience in the courtroom.
Join us for this interdisciplinary conference which brings neuroscientists and legal scholars together to discuss how new neuroscientific discoveries are affecting law both now and in the future.
Posted by Adam Kolber on 01/11/2011 at 04:25 PM | Permalink | Comments (0)
Martha Farah passes along news about Neuroscience Boot Camp. I participated two years ago and highly recommend the program. Here's the info.:
The University of Pennsylvania announces their 3rd annual Neuroscience Boot Camp, July 31-August 10!
Why Neuroscience Boot Camp? Neuroscience is increasingly relevant to a number of professions and academic disciplines beyond its traditional medical applications. Lawyers, educators, economists and businesspeople, as well as scholars of philosophy, sociology, applied ethics and policy, are incorporating the concepts and methods of neuroscience into their work. Indeed, for any field in which it is important to understand, predict or influence human behavior, neuroscience will play an increasing role.
The Penn Neuroscience Boot Camp gives participants a basic foundation in cognitive and affective neuroscience and equips them to be informed consumers of neuroscience research.
What happens at Neuroscience Boot Camp? Through a combination of lectures, break-out groups, panel discussions and laboratory visits, participants will gain an understanding of the methods of neuroscience and key findings on the cognitive and social-emotional functions of the brain, lifespan development and disorders of brain function. Each lecture will be followed by extensive Q&A. Break-out groups allow participants to delve more deeply into topics of relevance to their fields. Laboratory visits will include trips to an MRI scanner, an EEG/ERP lab, an animal neurophysiology lab, and a transcranial magnetic stimulation lab. Participants will also have access to an extensive online library of copyrighted materials selected for relevance to the Boot Camp, including classic and review articles and textbook chapters in cognitive and affective neuroscience and the applications of neuroscience to diverse fields. See http://lawneuro.typepad.com/the-law-and-neuroscience-blog/2009/08/bloggin-from-boot-camp-day-one.html for a daily blog post from our first Boot Camp.
Who should apply? College and university faculty, working professionals and graduate students are encouraged to apply. The only prerequisites are a grasp of basic statistics and at least a dim recollection of high school biology and physics. (A short set of readings will be made available prior to the Boot Camp to remind you about the essentials.)
More details: Participants will be housed on campus in air-conditioned apartment-style suites with private bedrooms. Sessions begin at 8:30 AM and end at 5:15. Breakfast and lunch will be eaten with the group; dinners are on your own. The academic program spans nine days, Monday, August 1st - Wednesday, August 10th with half of Saturday and all of Sunday off. There will be an opening reception on the evening of Sunday July 31st and a gala dinner on the last evening.
The cost of tuition, room and board is $4,500; limited scholarship support is available. Complete applications are due by midnight on February 1st. You will be notified of the status of your application by March 7th, and will have until April 1st to confirm attendance.
Visit http://neuroethics.upenn.edu/index.php/events/neuroscience-bootcamp for more information!
Posted by Adam Kolber on 01/11/2011 at 03:51 AM | Permalink | Comments (0)
Since this article has no abstract, I've pasted the first paragraph below the fold.
Posted by Adam Kolber on 01/10/2011 at 05:46 AM | Permalink | Comments (0)
![]() |
Last Edition's Most Popular Article:
In The Popular Press:
|
||
|
Posted by Adam Kolber on 01/07/2011 at 08:41 AM | Permalink | Comments (0)