The Neurocorrective Offer and Manipulative Pressure

IF 1 2区 哲学 0 PHILOSOPHY
Sebastian Jon Holmen, Emma Dore-Horgan
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Abstract

An important question regarding the use of neurointerventions in criminal justice systems relates to the ethics of offering neurointerventions in exchange for a sentence reduction or as a condition of parole – what has been termed the neurocorrective offer. In this paper, we suggest that neurocorrective offers may sometimes involve manipulative pressure. That is, in some cases these offers will involve a pressure to comply with the manipulators’ (i.e., the state’s) bidding that does not rise to the level of coercion, but which cannot be considered an instance of persuasion. We then suggest that offenders may fall victim to this pressure due to general facts about human psychology and their situational vulnerability. We end the paper by identifying three reasons for thinking it prima facie morally wrong for the state to make neurocorrective offers involving manipulative pressure even if such offers do not undermine offenders’ consent to the offer. Specifically, we suggest that such offers are plausibly pro tanto harmful to some offenders and that they sometimes disrespect their autonomy and rationality.

神经矫正提议和操纵压力
在刑事司法系统中使用神经干预的一个重要问题涉及到提供神经干预以换取减刑或作为假释条件--即所谓的神经矫正提议--的伦理问题。在本文中,我们认为神经矫正提议有时可能涉及操纵性压力。也就是说,在某些情况下,这些提议会涉及一种压力,要求罪犯服从操纵者(即国家)的要求,但这种压力并没有达到胁迫的程度,也不能被视为劝说。然后,我们提出,由于人类心理的一般事实及其在情境中的脆弱性,罪犯可能会成为这种压力的受害者。在本文的最后,我们提出了三个理由,认为国家在提出涉及操纵性压力的神经矫正建议时,即使这种建议没有损害罪犯对建议的同意,从表面上看在道德上也是错误的。具体地说,我们认为这种提议对某些罪犯来说可能是有害的,而且有时会不尊重他们的自主性和理性。
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来源期刊
CiteScore
1.90
自引率
10.00%
发文量
74
期刊介绍: Ethical Theory and Moral Practice is a double-anonymous peer-reviewed philosophical journal which aims to publish the best work produced in all fields of practical philosophy. It welcomes high-quality, rigorous and original, submissions regardless of the traditions or schools of thought from which they derive. As an editorial priority, however, published papers should be accessible to the philosophical community at large and as free as possible of unnecessary jargon. Ethical Theory and Moral Practice publishes work on ethical theories that address practical problems, as well as work that presents or examines empirical findings regarding moral practices relevant for ethical theorizing. The journal therefore actively seeks to promote cross-fertilization across areas of practical philosophy—such as moral, political, legal, and social philosophy—and more empirical disciplines, such as medicine, economics, sociology, political science, and psychology. It welcomes work in applied ethics provided that it can offer theoretical or normative contributions to larger philosophical debates. The journal also considers historically-oriented contributions provided they are not mainly exegetical and can offer insights for current debates in practical philosophy. The journal endorses the BPA/ SWIP-UK Good Practice for Journals. Further details are available in our Review Policy document.
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