Haunting the whole debate over neuroscientific re-search and neuroenhancements is the fear that neuroscience will undercut notions of responsibility and free will. Very preliminary research has suggested that many violent criminals do have altered brains. At the Stanford conference, Science editor Donald Kennedy suggested that once we know more about brains, our legal system will have to make adjustments in how we punish those who break the law. A murderer or rapist might one day plead innocence on the grounds that "my amygdala made me do it." There is precedent for this: The legal system already mitigates criminal punishment when an offender can convince a jury he's so mentally ill that he cannot distinguish right from wrong.
Of course, there are other ways such discoveries might pan out in the legal system, with results less damaging to social order but still troubling for notions of personal autonomy. One possibility is that an offender's punishment might be reduced if he agrees to take a pill that corrects the brain defect he blames for his crime. We already hold people responsible when their drug use causes harm to others -- most notably, with laws against drunk driving. Perhaps in the future we will hold people responsible if they fail to take drugs that would help prevent them from behaving in harmful ways. After all, which is more damaging to personal autonomy, a life confined to a jail cell or roaming free while taking a medication?
The philosopher Patricia Churchland examines these conundrums in her forthcoming book, Brainwise: Studies in Neurophilosophy. "Much of human social life depends on the expectation that agents have control over their actions and are responsible for their choices," she writes. "In daily life it is commonly assumed that it is sensible to punish and reward behavior so long as the person was in control and chose knowingly and intentionally." And that's the way it should remain, even as we learn more about how our brains work and how they sometimes break down.
Churchland points out that neuroscientific research by scientists like the University of Iowa's Antonio Damasio strongly shows that emotions are an essential component of viable practical reasoning about what a person should do. In other words, neuroscience is bolstering philosopher David Hume's insight that "reason is and ought only to be the slave of the passions." Patients whose affects are depressed or lacking due to brain injury are incapable of judging or evaluating between courses of action. Emotion is what prompts and guides our choices.
Churchland further argues that moral agents come to be morally and practically wise not through pure cogni-tion but by developing moral beliefs and habits through life experiences. Our moral reflexes are honed through watching and hearing about which actions are rewarded and which are punished; we learn to be moral the same way we learn language. Consequently, Churchland concludes "the default presumption that agents are responsible for their actions is empirically necessary to an agent's learning, both emotionally and cognitively, how to evaluate the consequences of certain events and the price of taking risks."
It's always risky to try to derive an "ought" from an "is," but neuroscience seems to be implying that liberty -- i.e., letting people make choices and then suffer or enjoy the consequences -- is essential for inculcating virtue and maintaining social cooperation. Far from undermining personal responsibility, neuroscience may end up strengthening it.
For Neurological Liberty
Fukuyama wants to "draw red lines" to distinguish between therapy and enhancement, "directing research toward the former while putting restrictions on the latter." He adds that "the original purpose of medicine is, after all, to heal the sick, not turn healthy people into gods." He imagines a federal agency that would oversee neurological research, prohibiting anything that aims at enhancing our capacities beyond some notion of the human norm.
"For us to flourish as human beings, we have to live according to our nature, satisfying the deepest longings that we as natural beings have," Fukuyama told the Christian review Books & Culture last summer. "For example, our nature gives us tremendous cognitive capabilities, capability for reason, capability to learn, to teach ourselves things, to change our opinions, and so forth. What follows from that? A way of life that permits such growth is better than a life in which this capacity is shriveled and stunted in various ways." This is absolutely correct. The trouble is that Fukuyama has a shriveled, stunted vision of human nature, leading him and others to stand athwart neuroscientific advances that will make it possible for more people to take fuller advantage of their reasoning and learning capabilities.
Like any technology, neurological enhancements can be abused, especially if they're doled out -- or imposed -- by an unchecked authority. But Fukuyama and other critics have not made a strong case for why individuals, in consultation with their doctors, should not be allowed to take advantage of new neuroscientific breakthroughs to enhance the functioning of their brains. And it is those individuals that the critics will have to convince if they seriously expect to restrict this research.
It's difficult to believe that they'll manage that. In the 1960s many states outlawed the birth control pill, on the grounds that it would be too disruptive to society. Yet Americans, eager to take control of their reproductive lives, managed to roll back those laws, and no one believes that the pill could be re-outlawed today.
Moreno thinks the same will be true of the neurological advances to come. "My hunch," he says, "is that in the United States, medications that enhance our performance are not going to be prohibited." When you consider the sometimes despairing tone that Fukuyama and others like him adopt, it's hard not to conclude that on that much, at least, they agree.
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