LAW & NEUROSCIENCE WINTER SCHOOL 2015 Schedule
Monday 16 February 2015 Aula Foscolo
9.30-10.00 am – Welcome session – Prof. Fabio Rugge, Rettore Università di Pavia; Prof. Andrea Belvedere, Rettore Collegio Ghislieri di Pavia
10-11.00 am – Introduction to the school: science and law, neuroscience and law – Amedeo Santosuosso, Gabriella Bottini, Barbara Bottalico
11.30 am -1 pm – Opening Lecture: Law and Neuroscience Dennis Patterson
Prof. Dennis Patterson, European University InstituteDennis Patterson took a PhD in philosophy and a J.D. In law from the University of Buffalo. He has published many books and articles in jurisprudence, philosophy, trade law as well as law and neuroscience. On leave from Rutgers University in New Jersey, USA, he supervises PhD theses in legal philosophy, EU law, sovereign debt and transnational legal theory at the European University Institute, where he is currently Professor or Legal Theory and Legal Philosophy. His most-recent book, Minds, Brains and Law (OUP, 2013) (with Michael Pardo) is the first full-length treatment of the philosophical issues in law and neuroscience
3-5 pm – Shared Glossary on Law & Neuroscience
Law for non lawyers – Federica Coppola, Maria Laura Fiorina
Neuroscience for non-neuroscientists – Anna Sedda
5-5.30 pm Q&A – plenary session
Tuesday 17 February 2015 Aula G3
9.15 -11 am Brain imaging in neuroscience and law – Eraldo Paulesu
Brain imaging, and in particular fMRI, has offered unprecedented opportunities of studying the mind/brain relationship. The advent of fMRI has made such studies affordable and highly accessible with some cases of clear misuse of the technology. In this talk I will briefly introduce the principles behind these techniques, their potentials and limitations with particular reference to the domain of neuroscience and law. I will touch the practical examples of imaging supported assessments of imputability and capacity to stand trial. I will also discuss the infamous attempts of using functional imaging as a modern lie-detector.
11.30 am -1 pm – Cognitive neuroscience in criminal law – Anna Sedda, Gabriella Bottini, Federica Coppola
This session will provide students with an introduction starting from the historical development of cognitive neuroscience to its actual definition. The tight link between this discipline and the Law will be highlighted, framing particularly how cognitive neuroscience can change the perspective of the law and also viceversa. A general understanding of this topic will be reached through examples of cognitive neuroscience instruments and procedures application to the study of memory, emotions and degenerative brain damages that affect these functions. In the second part of the session, the critical questions that emerged for cognitive neuroscience when applied to the domain of forensic evaluation will be presented, together with the actual challenges that this interdisciplinariety poses. The legal issues deriving from the implementation of cognitive neuroscience in criminal law and procedure will be analysed and discussed. Special focus will be put on how cognitive neuroscience might potentially affect the existing legal doctrinal categories pertaining to culpability (e.g., the category of legal insanity), as well as how neuroscientific techniques might be used in criminal proceedings.
2.30 – 3.30 pm – Criminal Responsibility in civil-law and common-law systems – Lisa Claydon, Maria Laura Fiorina, Federica Coppola
3.45 – 4.30 – pm Neuroscience in the courtroom – preliminary results of an international investigation into the use of neuroscience by defendants in criminal trials – Paul Catley
One of the classic areas where commentators have anticipated that neuroscience will be used in the courtroom is by those accused of criminal offences. Much has been written about how such evidence might be used and quite a bit has been written about a few high profile cases. However, until now there has been no systematic investigation into the use of such evidence by those accused of criminal offences. A team of researchers led by Nita Farahany in the USA, Jennifer Chandler in Canada, Katy de Kogel in the Netherlands, Calvin Ho in Singapore and Malaysia and Paul Catley and Lisa Claydon in England and Wales have now undertaken such a review. The session will look at a few of the main findings with particular reference to the findings from England and Wales.
4.45 – 5.45 pm – Sense of Agency: Legal and neurocognitive aspects – Lisa Claydon
The sense of agency refers to the feeling of controlling one’s own actions, and, through them, events in the outside world. This session looks at work funded by the Arts and Humanities Research Council which aims to investigate the parallelism between the sense of agency and the legal concept of responsibilty.
Wednesday 18 February 2015 Aula G3
9.15 – 11.00 am – Neurotechnology: possibilities and dilemmas – Pim Haselager
The combination of recent insights from neuroscience and artificial intelligence has led to the development of a variety of neurotechnologies that can affect the behavior of individuals. Brain reading and brain stimulation techniques can be used to detect cognitive processes (thoughts, mental capacities, moods) as well as influence them. Also ‘closed loop’ systems will be introduced, where both reading and stimulation techniques are combined within and between brains. Ethical, legal and societal implications will be discussed throughout.
11.00- 11.45 pm – Neurotechnology in the media – Daniela Ovadia
12.00 – 1.00 pm Ethical and legal aspect of military research – Daniela Ovadia
2.45 – 3.45 pm – Neuroscience, Constitutional Law and Human Rights in Italy & US – Barbara Bottalico
The compelled use of neuroscientific evidence against defendants in criminal trials has led to the rethinking of the adequacy of constitutional protection for suspects and defendants, and the possible limit of government evidence gathering. In this light, it will be considered a comprataive analysis between the American legal system (the Fourth Amendment, the Fifth Amendment privilege against self- incrimination, and Due Process) and the Italian legal system (the right to personal liberty).
4.00 – 5.00 pm – Neuroscience, Constitutional Law and Human Rights in Europe (art. 6,8 ECHR) – Paul Catley
Thursday 19 February 2015 Aula G3
9.00 – 11.00 am – Neuroethics – Daniela Ovadia
11.30-1 pm – Introduction to robotics – Pim Haselager & Pericle Salvini
3 – 3.45 pm – Robotics & Law – Barbara Bottalico
4 – 5.15 pm – Intelligent artifacts and human rights – Amedeo Santosuosso
The Universal Declaration of Human Rights (1948) set the idea that human beings are the only beings endowed with reason and conscience, thus exclusively entitled to have fundamental rights and liberties (art.1). This view has been questioned by recent studies on nonhuman animals and by the most recent advances in neuroscience, artificial intelligence and evolutionary and learning robotics. New legal questions are raising, and the theoretical possibility to have consciousness (or,at least, some conscious states) in machines and other cognitive systems is gaining consideration. The possibility of rights and liberties of (totally or partially) artificial intelligent entities (such as robots and intelligent machines) is explored.
7.00 – 8.30 pm – Cafè scientifique @ Bar Università
Presentation of the results of the EU project “Regulating Emerging Robotic Technologies in Europe: Robotics facing Law and Ethics” concluded in 2014. Presentation and discussion with the Robolaw team of Istituto Sant’Anna di Pisa – Pericle Salvini & Andrea Bertolini
Friday 20 February 2015 Aula G3
9.15 – 11.00 am – Presentations by participants
11.30-1 pm – Evolution theory, synthetic biology, evolutionary law – Oliver Goodenough, Amedeo Santosuosso
2.00-5.00 pm – Round Table: Neuroscience and new technologies as a powerful driving force of innovation in law
Amedeo Santosuosso, Oliver Goodenough, Giovanni Sartor, Gabriella Bottini, Laura Spinney
Saturday 21 February 2015 Aula Volta
9.30-11.30 am – Security, Privacy and consent for medical research data? – Richard Frackowiak
Prof. Frackowiak is Director ofthe Department of Clinical Neuroscience, Head of Service of Neurology CHUV University Hospital, Lausanne, Switzerland, and co-Director of “Future Medicine”, Human Brain Project
11.30-12 am – Closing session