Interventions in the self and the right to mental self-determination
Pioneering developments in the neurosciences have opened up numerous ways of advancing into previously inaccessible areas of the brain and, thus, reaching the sphere of human mental activity. These developments can be roughly divided into several categories: firstly, novel interventions; secondly, novel insights; and finally, novel insights into the functioning of the brain, and thus into the basic concept of the human ego. With regard to the first category—novel interventions—therapeutic interventions can be distinguished from neuroenhancements, which aim to improve healthy mental characteristics. Both types of intervention raise serious ethical and legal questions. They may lead to substantial changes in personality and character resulting in long-term behavioral changes. The second category involves new types of imaging methods, especially for researching functional characteristics of an individual's brain when he or she changes activities. These methods are developing at an astonishing pace into sources sufficiently capable of providing information about certain mental states, processes, and characteristics. This makes them interesting in the field of law. They may be on the cusp of admission to criminal proceedings—with regard to questions of culpability as well as to the potential risks posed by criminal offenders. Finally, category three raises classic philosophical questions about the relationship between the spirit and the brain. This primarily concerns the problem of free will as a basis for the imputation of blame. Do the modern neurosciences provide new insights into the as yet dark path towards a solution? These questions remain unanswered. With this project, I would like to make a small contribution to finding solutions.
Duration: October 2013–September 2014
Project leader: Prof. Dr. Reinhard Merkel
External funding sources: Alfried Krupp Wissenschaftskolleg Greifswald