For the law, neuroscience changes nothing and everything

The rapidly growing field of cognitive neuroscience holds the promise of explaining the operations of the mind in terms of the physical operations of the brain. Some suggest that our emerging understanding of the physical causes of human (mis)behaviour will have a transformative effect on the law. Others argue that new neuroscience will provide only new details and that existing legal doctrine can accommodate whatever new information neuroscience will provide. We argue that neuroscience will probably have a transformative effect on the law, despite the fact that existing legal doctrine can, in principle, accommodate whatever neuroscience will tell us. New neuroscience will change the law, not by undermining its current assumptions, but by transforming people's moral intuitions about free will and responsibility. This change in moral outlook will result not from the discovery of crucial new facts or clever new arguments, but from a new appreciation of old arguments, bolstered by vivid new illustrations provided by cognitive neuroscience. We foresee, and recommend, a shift away from punishment aimed at retribution in favour of a more progressive, consequentialist approach to the criminal law.     

‘Don't be so serious’: ethical play,Islam, and the transcendent

Modes of play and playfulness are central to ethics, yet have not been as rigorously considered by anthropologists as have more earnest forms of ethical life. In this article, I argue that attention to play reframes recent anthropological debates about ethical transcendence and immanence. I do so through a consideration of the Islamic discourse of ‘calculation’ (ḥisāb), an idiom by which Muslims articulate their hoped-for state in the hereafter through the imagery of a divine accounting of good and bad deeds. Drawing on ethnography from the Indonesian province of Aceh, I show how ḥisāb cultivates forms of epistemological play through which Muslims explore the inscrutability of transcendence. Such play reveals the socially and theologically emergent qualities of transcendent truths and values, suggesting hidden affinities between transcendent stances and more immanent forms of ethical life.     

The Order of Men: the Nation and the Metropolitan Imaginary at an Indian Public School

This article is concerned with exploring discursive constructions of Indian post-coloniality and modernity. The analysis focuses upon a fully residential boys school in North India, the Doon School, which has played a historically significant role in the production of a discourse on nationhood and citizenship. Elsewhere, I have argued that the School defines its citizenship project in terms of three main ‘imaginaries’: secularism, rationality, and ‘metropolitanism’. This paper explores the construction of a narrative of the post-colonial nation-state at the School through ‘metropolitanism’.     

Kuhnian revolutions in neuroscience: the role of tool development

The terms “paradigm” and “paradigm shift” originated in “The Structure of Scientific Revolutions” by Thomas Kuhn. A paradigm can be defined as the generally accepted concepts and practices of a field, and a paradigm shift its replacement in a scientific revolution. A paradigm shift results from a crisis caused by anomalies in a paradigm that reduce its usefulness to a field. Claims of paradigm shifts and revolutions are made frequently in the neurosciences. In this article I will consider neuroscience paradigms, and the claim that new tools and techniques rather than crises have driven paradigm shifts. I will argue that tool development has played a minor role in neuroscience revolutions.     

Les neurosciences cognitives : une nouvelle “nouvelle science de l’esprit”?

It is a matter of considerable controversy whether cognitive neuroscience, thanks in large part to functional neuroimaging techniques, is in the process of becoming a new science of the brain and moving into the heart of cognitive science. What are the foundations of this new field ? How will neuroscience and cognitive science coexist in the future ? The paper will attempt to situate neuroimagery in the theoretical framework of fundamental neuroscience, and will show the extent to which cognitive neuroscience depends on it, as it depends on the rest of cognitive science, within which it stands as one research program among several. Should it lead, in a distant future, to a completed science of the brain’s functionalities, such a science would likely not replace cognitive psychology and allied disciplines. Instead, I envisage a form of strong complementarity between the two branches, exclusive of any form of reduction.     

A neuroscientific approach to normative judgment in law and justice

Developments in cognitive neuroscience are providing new insights into the nature of normative judgment. Traditional views in such disciplines as philosophy, religion, law, psychology and economics have differed over the role and usefulness of intuition and emotion in judging blameworthiness. Cognitive psychology and neurobiology provide new tools and methods for studying questions of normative judgment. Recently, a consensus view has emerged, which recognizes important roles for emotion and intuition and which suggests that normative judgment is a distributed process in the brain. Testing this approach through lesion and scanning studies has linked a set of brain regions to such judgment, including the ventromedial prefrontal cortex, orbitofrontal cortex, posterior cingulate cortex and posterior superior temporal sulcus. Better models of emotion and intuition will help provide further clarification of the processes involved. The study of law and justice is less well developed. We advance a model of law in the brain which suggests that law can recruit a wider variety of sources of information and paths of processing than do the intuitive moral responses that have been studied so far. We propose specific hypotheses and lines of further research that could help test this approach.     

Mestizaje and Law Making in Indigenous Identity Formation in Northeastern Brazil: "After the Conflict Came the History"

In this article, I explore issues of authenticity, legal discourse, and local requirements of belonging by considering the recent surge of indigenous recognitions in northeastern Brazil. I investigate how race and ethnicity are implicated in the recognition process in Brazil on the basis of an analysis of a successful struggle for indigenous identity and access to land by a group of mixed-race, visibly, African-descended rural workers. I propose that the debate over mestizaje (ethnoracial and cultural mixing) in the Spanish-speaking countries of Latin America can be reconfigured and clarified by broadening it to include such Brazilian experiences. I argue that the interaction between two processes—law making and indigenous identity formation—is crucial to understanding how the notion of "mixed heritage" is both reinforced and disentangled. As such, this article is an illustration of the role of legal discourse in the constitution of indigenous identities and it introduces northeastern Brazil into the global discussion of law, indigenous rights, and claims to citizenship.     

Life,unlimited: Russian archives of the digital and the human

Since the end of the Soviet Union, questions of memory and history have been at the centre of public debates, often focused on the institutions of archives and libraries. This article considers a particular incarnation of arkhivnaia bolezn’ (archival disease, roughly archival fever) with genealogies going back to the pre-revolutionary writings of the visionary nineteenth-century philosopher-librarian Nikolai Fedorov. Specifically, I examine practices among contemporary techno-futurists seeking to combine Fedorov's ideas with modern information technologies – both existing and speculative – with the aim of overcoming death and, for some, of surviving posthumously in virtual spaces for now. Based on original ethnographic fieldwork in Russia, the article chronicles immortalists’ efforts to overcome ‘the violence of the archive’ by envisioning and producing a utopian version that is as totalizing as it is personal, designed to satisfy both Orthodox Christian and secular desires for eternal life. In this archive, old and new media like oral histories and genomic data exist alongside each other, both material and virtual, frozen in a vial or uploaded into cyberspace. I interpret the Russian episodes recounted here, attending to the ways in which new archival imaginaries and technologies reconfigure notions of the human self and embodiment.     

How does the brain control its own activity? A new function for the basal ganglia

It has long been a problem in neuroscience to known how the brain controls its own activity, how it is able to control the level of CNS excitability and how it is able to select and act on some information as opposed to some other information. In this paper I propose a new theory in which the basal ganglia play a role in selecting information ("selective attention") and in controlling the general level of excitability of the CNS ("state control"), the two processes being to some extent interdependent. The basal ganglia achieve these functions by actions on the thalamic-frontal cortical axis and on the brainstem mesencephalic reticular formation.     

Insights into plant consciousness from neuroscience,physics and mathematics: A role for quasicrystals?

There is considerable debate over whether plants are conscious and this, indeed, is an important question. Here I look at developments in neuroscience, physics and mathematics that may impact on this question. Two major concomitants of consciousness in animals are microtubule function and electrical gamma wave synchrony. Both these factors may also play a role in plant consciousness. I show that plants possess aperiodic quasicrystal structures composed of ribosomes that may enable quantum computing, which has been suggested to lie at the core of animal consciousness. Finally I look at whether a microtubule fractal suggests that electric current plays a part in conventional neurocomputing processes in plants.     

Moving beyond dichotomies: Liao,S. Matthew (ed.), Moral Brains: The Neuroscience of Morality,Oxford University Press, 2016

Matthew Liao’s edited collection Moral Brains: The Neuroscience of Morality covers a wide range of issues in moral psychology. The collection should be of interest to philosophers, psychologist, and neuroscientists alike, particularly those interested in the relation between these disciplines. I give an overview of the content and major themes of the volume and draw some important lessons about the connection between moral neuroscience and normative ethics. In particular, I argue that moving beyond some of the dichotomies implicit in some of the debates advanced in the book makes the neuroscience of moral judgment much more useful in advancing normative ethics.     

The imagination of ‘society’ in measurements of immigrant integration

Abstract

My aim in this contribution is to clarify in which way social scientific measurements of immigrant integration operate as a form of ‘social imagination’, that is, of the routinized and professionalized visualization of social life. Through such measurements, images of ‘society’ are produced that feed into larger social imaginaries. My discussion takes as an example Dutch discourse and research on integration. Crucial to the constitution of society in the Netherlands and many other Western European countries is what I call a culturist discourse that has many similarities to racism. This discourse demarcates the boundaries of society by rendering objectively observable the non-integrated who are considered to reside ‘outside society’. The image of society thereby produced is that of a morally cleansed realm: social problems are relegated to the domain ‘outside society’, consisting of persons in need of integration.     

The Production of Tradition and Culture in the Japanese Wedding Enterprise

In this article I examine the production of culture in the contemporary commercial Japanese wedding. This is analyzed in relation to the theoretical discourse of ‘the invention of tradition’. However, while this ‘invention’ is usually related to political motivations, I discuss the invention of tradition and of culture for economic motivations. I offer a broader perspective of tradition and culture and show how flexible these two may be as they are manufactured, played with or imagined. The contemporary wedding consists of both ‘traditional-Japanese’ and ‘Western’ inventions. These are regarded here as cultural constructs which both play a significant role in the construction of contemporary Japanese cultural identity.     

The Selective Allure of Neuroscientific Explanations

Some claim that recent advances in neuroscience will revolutionize the way we think about human nature and legal culpability. Empirical support for this proposition is mixed. Two highly-cited empirical studies found that irrelevant neuroscientific explanations and neuroimages were highly persuasive to laypersons. However, attempts to replicate these effects have largely been unsuccessful. Two separate experiments tested the hypothesis that neuroscience is susceptible to motivated reasoning, which refers to the tendency to selectively credit or discredit information in a manner that reinforces preexisting beliefs. Participants read a newspaper article about a cutting-edge neuroscience study. Consistent with the hypothesis, participants deemed the hypothetical study sound and the neuroscience persuasive when the outcome of the study was congruent with their prior beliefs, but gave the identical study and neuroscience negative evaluations when it frustrated their beliefs. Neuroscience, it appears, is subject to the same sort of cognitive dynamics as other types of scientific evidence. These findings qualify claims that neuroscience will play a qualitatively different role in the way in which it shapes people’s beliefs and informs issues of social policy.     

社会认知神经科学的取向与研究进展

社会认知神经科学是社会心理学和认知神经科学相结合的新兴多学科研究领域,其强调在社会、认知与脑神经等三个层面的交互作用上去理解心理现象。前几年主要是对刻板印象、态度与态度改变、他人知觉、自我认知以及情绪与认知交互作用等方面进行了深入研究,其主要范式是应用认知神经科学的方法来验证社会心理学在这些范围内上的各种不同的理论观点,当前的研究主要集中在知觉和再认的社会标记、社会判断和归因、评价调节知觉和经验以及社会交互作用等传统的社会心理学方面,并取得了突破性进展。展望未来的研究,其将在系统准则研究发展的基础上,把当今的社会认知研究与认知神经科学在理论和方法论上整合起来,为揭示人类高级社会心理现象的神经基础,开辟一条崭新的研究道路。     

Reinventing diabetes: Classification,division and the geneticization of disease

This paper shows how diabetes underwent geneticization to become the exemplar of a complex genetic disorder. My analysis focuses on the debates that took place in the mid-to-late-1970s over the classification of, and the role of genetic factors in, diabetes. By exploring the work of an influential researcher and clinician, Andrew Cudworth, I show how the discourse around diabetes constructed it as a genetic condition divided into different types on the grounds of aetiology. I then track this classification over time as it became the current, extremely splintered classification system.     

The impact of molecular biology on neuroscience

How our brains work is one of the major unsolved problems of biology. This paper describes some of the techniques of molecular biology that are already being used to study the brains of animals. Mainly as a result of the human genome project many new techniques will soon become available which could decisively influence the progress of neuroscience. I suggest that neuroscientists should tell molecular biologists what their difficulties are, in the hope that this will stimulate the production of useful new biological tools.     

The State of Biological Anthropology in 2008: Is Our Discipline Strong and Our Cause Just?

ABSTRACT   Biological anthropologists inform a largely professional discourse on the evolutionary history of our species. In addition, aspects of our biology, the ways in which we vary, and certain patterns of behavior are the subjects of a more public and popular conversation. The social contexts in which we work not only define our times but also produce the anthropologists that in turn construct an emergent understanding of our species' (and our societies') inner workings. In this review of scholarly production, I focus on developments within a selection of "sub-subdisciplines" that were particularly influential in bending the arc of biological anthropology in 2008, namely: evolutionary medical anthropology, anthropological neuroscience, forensic anthropology, primatology, and paleoanthropology. Ultimately, this review demonstrates, yet again, anthropology's great contribution: the ability to incorporate new technologies and research methodologies into a synthetic and integrative interdisciplinary approach toward the elucidation of human behavior, evolution, and biocultural engagements with the environment. [Keywords: biological anthropology, year in review, 2008, science and society]     

Beyond co-ethnicity: the politics of differentiating and integrating new immigrants in Singapore

This essay joins the ongoing debates about the role of co-ethnic ties in the making of diaspora identity by examining Singaporean Chinese perceptions of new immigrants from the mainland and the state's strategies in integrating the newcomers. The public discourses on new Chinese immigrants have produced three interlinked narratives: (1) newcomers are socially and culturally different from the mainstream and earlier immigrants; (2) newcomers have intensified the competition for scarce resources; and (3) newcomers are politically attached to China, whose rise as a global power only serves to reinforce such linkages. I argue that co-ethnicity and common cultural heritage play little role in shaping local Singaporeans' view of the new diaspora; instead, political pragmatism and new identity politics that prioritize the nation above ethnicity are the key factors influencing public attitudes and policy options regarding new immigrants. Furthermore, intra-diaspora differences/conflicts have reinforced interracial solidarity and contributed to the nation-building project.