Skip to main content

Advertisement

Log in

What If? The Farther Shores of Neuroethics

Commentary on “Neuroscience May Supersede Ethics and Law”

  • Commentary
  • Published:
Science and Engineering Ethics Aims and scope Submit manuscript

Abstract

Neuroscience is clearly making enormous progress toward understanding how human brains work. The implications of this progress for ethics, law, society, and culture are much less clear. Some have argued that neuroscience will lead to vast changes, superseding much of law and ethics. The likely limits to the explanatory power of neuroscience argue against that position, as do the limits to the social relevance of what neuroscience will be able to explain. At the same time neuroscience is likely to change societies through increasing their abilities to predict future behavior, to infer subjective mental states by observing physical brain states (“read minds”), to provide evidence in some cases relevant to criminal responsibility, to provide new ways to intervene to “treat antisocial brains,” and to enhance healthy brains. Neuroscience should make important cultural changes in our special, and specially negative, views of “mental” versus “physical” illness by showing that mental illness is a dysfunction of a physical organ. It will not likely change our beliefs, implicit or explicit, in free will, or spark a new conflict between science and religion akin to the creationism controversy.

This is a preview of subscription content, log in via an institution to check access.

Access this article

Price excludes VAT (USA)
Tax calculation will be finalised during checkout.

Instant access to the full article PDF.

Institutional subscriptions

Similar content being viewed by others

Notes

  1. Cole Porter, “It’s a Chemical Reaction, That’s All” (1955). The song premiered in the Broadway musical of Silk Stockings and was included in the 1957 film version.

  2. Law professor Stephen Morse and others argue, convincingly to me, that conscious choice is the key to responsibility, not, in light of its many and varied problems, “free will.” From a more philosophical perspective, John Martin Fischer’s work is especially powerful (Fischer 2006, 2009; Fischer and Ravizza 1993).

  3. Identifying beginnings is often controversial and this may be no exception, but I date the modern era in neuroethics to May 2002 and a conference, entitled “Neuroethics”, held in San Francisco by Stanford and the University of California at San Francisco and funded by the Dana Foundation (Marcus 2002). It was about the same time that William Safire, columnist for the New York Times and president of the Dana Foundation, independently re-invented the term “neuroethics” and began to popularize it (Greely 2006).

  4. In a chapter on law and neuroscience published in 2011, Anthony Wagner and I cite about 40 published scholarly articles or book chapters devoted to neuroscientific lie-detection. I have no doubt that the total is now substantially higher (Greely and Wagner 2011).

  5. The source of this line is remarkably hard to track down, but it does seem most likely to have come from Bohr, and not from the other usual suspects, such as baseball player and sometime sage Yogi Berra (Greely 2000; Greely and Wagner 2011).

  6. It is fascinating to what lengths people will go to try to find some way in which neural processes are not determined, in the hopes of preserving some mechanism for free will. Some, for example, invoke quantum mechanics, hoping that the subatomic scale may somehow carry over to the molecules of the brain. It almost seems that quantum mechanics is the last refuge not of the scoundrel but of the indeterminist.

References

  • Brown, T., & Murphy, E. R. (2010). Through a scanner darkly: Functional neuroimaging as evidence of a criminal defendant’s past mental states. Stanford Law Review, 62, 1119–1208.

    Google Scholar 

  • Fischer, J. M. (2006). My way: Essays on moral responsibility. New York: Oxford University Press.

    Google Scholar 

  • Fischer, J. M. (2009). Our stories: Essays on life, death, and free will. New York: Oxford University Press.

    Google Scholar 

  • Fischer, J. M., & Ravizza, M. (1993). Introduction. In J. M. Fischer & M. Ravizza (Eds.), Perspectives on moral responsibility. Ithaca, NY: Cornell University Press.

    Google Scholar 

  • Greely, H. T. (2000). Trusted systems and medical records: Lowering expectations. Stanford Law Review, 52, 1585–1593.

    Article  Google Scholar 

  • Greely, H. T. (2006). Neuroethics and ELSI: Similarities and differences. Minnesota Journal of Law, Science & Technology, 7, 599–637.

    Google Scholar 

  • Greely, H. T. (2009). Law and the revolution in neuroscience: An early look at the field. Akron Law Review, 42, 687–715.

    Google Scholar 

  • Greely, H. T. (2011a). Neuroscience and criminal responsibility: Proving “can’t help himself” as a narrow bar to criminal liability. In M. Freeman (Ed.), Law and neuroscience, current legal issues 2010 (Vol. 13, pp. 61–76). Oxford: Oxford University Press.

    Google Scholar 

  • Greely, H. T. (2011b). Reading minds with neuroscience—possibilities for law. Cortex, 47, 1254–1255.

    Article  Google Scholar 

  • Greely, H. T. (2012). Direct brain interventions to “treat” disfavored human behaviors: Ethical and social issues. Clinical Pharmacology and Therapeutics, 91(2), 1–3.

    Google Scholar 

  • Greely HT, Wagner AD (2011) Reference guide on neuroscience. In Reference manual on scientific evidence (3rd ed.). Washington, D.C.: National Academies Press/Federal Judicial Center.

  • Greene, J., & Cohen, J. (2004). For the law, neuroscience changes nothing and everything. Philosophical Transactions of the Royal Society of London. Series B, 359, 1775–1785.

    Article  Google Scholar 

  • Leshner, A. I. (2011). Foreword. In J. Illes & B. J. Sahakian (Eds.), The Oxford handbook of neuroethics (pp. v–xii). Oxford: Oxford University Press.

    Google Scholar 

  • Marcus, S. J. (2002). Neuroethics: Mapping the field. New York: Dana Press.

    Google Scholar 

  • Miller, G. (2009). We are neuroscientists and we come in peace. Findings: The science magazine news blog. http://blogs.sciencemag.org/newsblog/2009-neuroscience-meeting/. Accessed July 20, 2012.

  • Monti, M. M., Vanhaudenhuyse, A., Coleman, M. R., et al. (2010). Willful modulation of brain activity in disorders of consciousness. New England Journal of Medicine, 362, 579–589.

    Article  Google Scholar 

  • Morse, S. J. (2005). Brain overclaim syndrome and criminal responsibility: A diagnostic note. Ohio State Journal of Criminal Law, 3, 397–412.

    Google Scholar 

  • Morse, S. J. (2006). Moral and legal responsibility and the new neuroscience. In J. Illes (Ed.), Neuroethics: Defining the issues in theory, practice, and policy. Oxford: Oxford University Press.

    Google Scholar 

  • Morse, S. J. (2007). The non-problem of free will in forensic psychiatry and psychology. Behavioral Sciences & The Law, 25, 203–220.

    Article  Google Scholar 

  • Morse, S. J. (2008). Determinism and the death of folk psychology: Two challenges to responsibility from neuroscience. Minnesota Journal of Law, Science & Technology, 9, 1–35.

    Google Scholar 

  • Morse, S. J. (2011). Lost in translation? An essay on law and neuroscience. In M. Freeman (Ed.), Law and neuroscience, current legal issues 2010 (Vol. 13, pp. 529–562). Oxford: Oxford University Press.

    Google Scholar 

  • Murphy, E. R., & Greely, H. T. (2011). What will be the limits of neuroscience-based mindreading in the law? In J. Illes & B. J. Sahakian (Eds.), The Oxford handbook of neuroethics (pp. 635–653). Oxford: Oxford University Press.

    Google Scholar 

  • Pink, T. (2004). Free will: A very short introduction. New York: Oxford University Press.

    Google Scholar 

  • Sapolsky, R. M. (2004). The frontal cortex and the criminal justice system. Philosophical Transactions of the Royal Society of London. Series B, 359, 1787–1796.

    Article  Google Scholar 

  • Scott, T. (2012). Neuroscience may supersede ethics and law, Science and Engineering Ethics. doi:10.1007/s11948-012-9351-1

Download references

Author information

Authors and Affiliations

Authors

Corresponding author

Correspondence to Henry T. Greely.

Rights and permissions

Reprints and permissions

About this article

Cite this article

Greely, H.T. What If? The Farther Shores of Neuroethics. Sci Eng Ethics 18, 439–446 (2012). https://doi.org/10.1007/s11948-012-9391-6

Download citation

  • Received:

  • Accepted:

  • Published:

  • Issue Date:

  • DOI: https://doi.org/10.1007/s11948-012-9391-6

Keywords

Navigation