In addition to my work as an historian, I am also a JD/MA Bioethics candidate at the University of Minnesota Law School. Ever since I first read David Eagleman's book Incognito (2011), I've been enamored with the field of "neurolaw," i.e. the intersection of law and neuroscience. I've been lucky to pursue this interest professionally, setting out … Continue reading The Legal Implications of Detecting Alzheimer’s Disease Earlier
In the fall 2012, I briefly left the University of Minnesota Morris to do a series of directed studies in Houston, TX. One of these included attending Dr. David Eagleman's "Neuroscience and Law" course at Rice University, which required that we write for the Initiative on Neuroscience and Law's blog. This was originally published September 26, … Continue reading Once again we are reminded that not every brain develops the same
If a fundamental question in neurolaw is how the legal system should move forward with the specific brain on trial, then the major role neuroscience can play in the courtroom is in the sentencing process. In fact, after identifying the biology that may have predisposed an individual to criminal behavior, attention must be paid to how sentencing - the rehabilitation process - can effectively be carried out. For example, if it was a malformed frontal lobe that unfairly led an individual to give in to an irresistable impulse, neuroscience plays the dual role of identifying this malformity and how best to correct it. ...
In an article titled "Can Neuroscience Challenge Roe v. Wade?" William Egginton, professor in the Humanities at John Hopkins University, cautions us to be careful in how we use the natural sciences to shape public policy. In this case, abortion rights. Egginton writes about attorney Rick Hearn's suits against Idaho's Pain-Capable Unborn Child Protection Act "and others like it that cite neuroscientific findings of pain sentience on the part of fetuses as a basis for prohibiting abortions even prior to viability." The reason for this is because Hearn believes that the government is using results from the natural sciences "as a basis for expanding or contracting the rights of its citizens." The logic goes like this: if it can be proven that fetuses are capable of pain then they are conscious and thus a person deserving of their full rights under the constitution. This clearly has political overtones. ...
According to neurolaw, a successful and just legal system will be one that concerns itself with the steps moving forward with the specific brain on trial. If our behavior is influenced by our biology and circumstance, it is irreducibly complex to assess a criminal’s culpability in a way that is both satisfying and scientifically-informed. Instead of comparing and judging the sizes of one’s frontal lobe or another part’s propensity for firing (or not firing) certain chemicals while also factoring in one’s upbringing and the effects social institutions can have on our behavior, our legal system should focus on rehabilitation rather than strict punishment. ...
This is my “Voices in Bioethics” write-up of last month’s Atlanta Neuroethics Consortium. It was my first foray into the law and neuroscience world — and I loved it. What I don’t talk about is my experience using Couchsurfing.com (great!) or why I missed the Sunday panel.
With my flight leaving Sunday evening, I spent the morning walking to the Carter Presidential Library but gave up when I realized I’d never make it. Compensated by visiting the Martin Luther King Historic Site. Very good.
by Joshua Preston •
Recently, I attended the Atlanta Neuroethics Consortium’s (ANEC) conference on Neuro-Interventions and the Law: Regulating Human Mental Capacity (September 12-14). Hosted by Professor Dr. Nicole Vincent, it was my first foray into the “neurolaw” world. Most of the attendees and keynote speakers were pulled from the MacArthur Foundation’s Law and Neuroscience Research Network, and because of this, I was impressed by the cross-disciplinary representation. The conference included experts in the biological sciences and psychiatry as well as legal scholars and practicing judges. Additionally, I must add, it was free, which is the best price.
The opening keynote from Vincent laid out the major topics that would be explored over the next three days. In it she outlined her taxonomy of the relationship between responsibility and mental capacity (i.e., how does an individual’s cognitive abilities affect our expectations of them?). Each panel addressed…
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Here’s my second article for Columbia’s “Voices in Bioethics.” In it I review a paper by Dr. Annabelle Littoz-Monnet and discuss the problems inherent at the intersection of bioethical “expertise” and government. In short, there’s no such thing as the neutral state.
by Joshua Preston •
In a new paper published by Dr. Annabelle Littoz-Monnet, an associate professor of political science at the Graduate Institute of International and Development Studies in Geneva, she asks whether government bioethics experts bolster or inhibit democratic control of policy. To answer this, she cites the European Group on Ethics in Science and New Technologies’ (EGE) role in the European Union’s early-2000s debate on whether to fund human embryotic stem cell research. Drawing upon news articles, reports, and personal interviews, Dr. Littoz-Monnet observes that when the debate reached a stalemate, the European Commission (the EU’s executive body) sought out the EGE’s recommendations. What followed was the use of the EGE as a means for “control[ling] the policy process despite the presence of a salient and publicly debated conflict (17, italics in original).
Although the case study is itself interesting, the value of Dr. Littoz-Monnet’s paper lies…
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Anything We Want to Know We Can Know With so much information available at our fingertips, there is no excuse for ignorance. In this century, from the privileged vantage point of watching the world through a screen, there is no reason why we should not have a well-informed opinion on anything that tickles our curiosity. Whether it's Wikipedia, … Continue reading Let’s Study Neuroethics Together!
"You know, I'm basically a scientist; I don't really think of myself as a writer," says the neurobiologist and author Robert Sapolsky. "And it's something that I need to discipline myself to do less of because it is much easier for me than doing the science ..." If you aren't familiar with Robert Sapolsky, he … Continue reading Robert Sapolsky on Writing and The Popularization of Science
You may or may not be aware of this fact, but when Albert Einstein died in 1955 an autopsy was performed on his body and - because of his reputation as a genius - his brain was removed to be studied. Approximately 20 years later it would be "rediscovered," studied some more and then 20 … Continue reading Einstein’s Eyes: Yeah, they’re still around.