Review of Neurolaw text

neuroloaw1b.jpgThe October 2016 edition of the Cambridge Quarterly of Healthcare Ethics has a special focus on Clinical Neuroethics. It contains a review of my Neurolaw book Biological Determinism, Free Will and Moral Responsibility: Insights from genetics and neuroscience.

I’m thrilled that the review is hugely positive about the book. Quotable quotes include:

  • “…a very accessible explanation of the need to reconsider notions of free will and moral responsibility in an age of scientific breakthroughs in genomics and brain science…”
  • “…an insightful philosophical account of the apparent stand-off between free will and the evidence of determinism…”
  • “…a remarkably lucid account of the relevance of science for the debate on free will and determinism…”
  • “…an impressive prudential approach, balancing the reliability of scientific achievement with caution about its applicability to criminal courts…”
  • “…an extraordinary resource for engaging moral responsibility in the age of genetics and neuroscience…”.

“My brain made me do it”: are we ready for more Neurolaw?

I’m excited to say that my book Biological Determinism, Free Will and Moral Responsibility: Insights from Genetics and Neuroscience is being published this week.

determinism cover

There are 5 chapters, in which I have attempted to pull together threads from moral philosophy, from law and from neuroscience to examine the growth of Neurolaw. Around the world, notably the USA and Italy, an increasing number of defendants are appealing to their genes or issues with the structure and function of their brain as mitigation for their crimes. To what extent should we allow this, now or in the future?

Chapter summaries:

  • Free will and determinism: an overview of some of the main schools of thought regarding the “free will problem” – Libertarianism, Compatibilism and Hard Determinism.
  • Existing legislation on mental disorders and criminal cases: automatism, criminal liability, diminished responsibility, “disease of the mind”, insanity, mens rea and M’Naghten.
  • Biological basis of behaviour: background on behavioural genetics and the use of various brain imaging techniques to investigate the extent to which our behaviour might be “hard wired”.
  • Use of genetic and neuroscientific evidence in criminal cases: a brief history of neurolaw. Summarises many of the key cases in which scientific evidence has been proffered by in criminal cases as (partial) justification of the behaviour of the defendant.
  • Are we ready for an expanded use of neuroscientific evidence in the courtroom?: In which I caution that the current use of genetic and brain physiology evidence is, at best, premature and uncertain.