« November 2018 | Main | February 2019 »
Ethical debates over the use of mental health knowledge and practice at the Guantánamo Bay detention facility have mostly revolved around military clinicians sharing detainee medical information with interrogators, falsifying death certificates in interrogations, and disagreements over whether the Central Intelligence Agency’s (CIA) “enhanced interrogation techniques” violated bioethical principles to do no harm. However, debates over the use of magnetic resonance imaging (MRI) in the mental health evaluations of detainees have received little attention. This paper provides the first known analysis of such debates over MRI use in the case of Abd al-Rahim al- Nashiri. Through a close reading of open-source legal documents such as defense motions, prosecution motions, judge rulings, and al-Nashiri’s mental health evaluation, debates over MRI use become interpretive contests over the very meanings of mental illness and the extent to which MRI results can verify whether he was tortured in CIA custody. Such work can revitalize interest in the neuroethics of national security.
Posted by NELB Staff on 12/20/2018 at 04:49 PM | Permalink | Comments (0)
Many find it intuitive that those who use enhancements like steroids and Adderall in Olympic weightlifting and education are due less praise than those who perform equally well without using these enhancements. Nonetheless, it is not easy to coherently explain why one might be justifiably due less praise for using these technologies to enhance one’s performance. Justifications for this intuition which rely on concerns regarding authenticity, cheating, or shifts in who is responsible for the performance face serious problems. Santoni de Sio et al., however, have recently defended a justification for this intuition which avoids the problems competing justifications face; the nature-of-activities justification. This justification relies on a conceptual analysis of the nature of activities and does not require the defense of any particular ethical stance concerning the use of enhancements. Santoni de Sio et al. claim that the success of the nature-of-activities account requires distinguishing between practice-oriented activities and goal-directed activities. I, however, show that this distinction is both deeply problematic and unnecessary. After exposing the weaknesses of Santoni de Sio et al.’s original account, I defend a simpler and less problematic version of the nature-of-activities account. The revised account is capable of both justifying this intuition of less praise and allowing one to determine when enhancements should be deemed permissible, impermissible, or obligatory for a given activity.
Posted by NELB Staff on 12/12/2018 at 04:48 PM | Permalink | Comments (0)
Armin Alimardani (Journal of Law and Biosciences) has published "Neuroscience, criminal responsibility and sentencing in an islamic country: Iran" (link: https://doi.org/10.1093/jlb/lsy024). Here is the abstract:
The implications of neuroscience in the legal context have been considered in many countries; however, there has been very little (if any) research on the use of neuroscience in criminal law in Iran. Furthermore, because Iran's legal system incorporates Islamic rules, the legal implications of neuroscience might be fundamentally different from those of other countries. Accordingly, this paper will discuss the potential use of neuroscientific evidence in the evaluation of criminal responsibility and the assessment of sentencing within the Islamic legal system of Iran. The study will conclude that while there are a number of issues that may prevent the use of neuroscience in Iran's criminal justice system, there is a potential for the neuroscience to be used for purposes such as establishing the insanity defense and mitigating the punishment.
Posted by NELB Staff on 12/10/2018 at 10:24 AM | Permalink | Comments (0)
Posted by NELB Staff on 12/09/2018 at 10:23 AM | Permalink | Comments (0)
Neuroenhancement involves the use of neurotechnologies to improve cognitive, affective or behavioural functioning, where these are not judged to be clinically impaired. Questions about enhancement have become one of the key topics of neuroethics over the past decade. The current study draws on in-depth public engagement activities in ten European countries giving a bottom-up perspective on the ethics and desirability of enhancement. This informed the design of an online contrastive vignette experiment that was administered to representative samples of 1000 respondents in the ten countries and the United States. The experiment investigated how the gender of the protagonist, his or her level of performance, the efficacy of the enhancer and the mode of enhancement affected support for neuroenhancement in both educational and employment contexts. Of these, higher efficacy and lower performance were found to increase willingness to support enhancement. A series of commonly articulated claims about the individual and societal dimensions of neuroenhancement were derived from the public engagement activities. Underlying these claims, multivariate analysis identified two social values. The Societal/Protective highlights counter normative consequences and opposes the use enhancers. The Individual/Proactionary highlights opportunities and supports use. For most respondents these values are not mutually exclusive. This suggests that for many neuroenhancement is viewed simultaneously as a source of both promise and concern.
Posted by NELB Staff on 12/03/2018 at 04:44 PM | Permalink | Comments (0)