Posted by Todd Zywicki:
The Ethical Brain:
http://volokh.com/archives/archive_2006_01_08-2006_01_14.shtml#1136981792


   I recently read Michael Gazzaniga's most recent book, [1]The Ethical
   Brain. This is a great book by a leading neuroscientist (and friend).
   The book seems to have arisen from Gazzaniga's work with the National
   Council on Bioethics, animated in substantial part by his perception
   of a lack of knowledge of science among some of his colleagues there.
   So this book seems to be pitched at the same audience to whom
   Bioethics report was aimed, in an effort to provide an accessible
   scientific background to a number of contemporary ethical and
   political controversies.

   The book is more a collection of essays on related topics than an
   integrated whole. Part III of the book may be of most interest to
   readers here, as it is on the implications of neuroscience for law,
   including related questions such as memory. There are some terrific
   points in here. He surveys many of the currently-available "truth
   detection" tests that are out there. He discusses the promise and
   difficulties of some of the technologies out there for truth
   detection, such as fMRI machines. Toting it up, as I read him, he
   seems to conclude that perhaps the one with the most promise is one
   that focuses on facial expressions, which he concludes is quite
   difficult to fake.

   He also has a fascinating discussion of the unreliability of many of
   the conventionally-used courtroom techniques, such as eyewitness
   reports. One amazing example he gives is of a woman who was assaulted
   while watching television, and then later confused her assailant with
   a person who happened to be on television at precisely the same
   instant. He recounts other situations where false memories hinder
   investigations and the like. For instance, he recalls the "DC sniper"
   from a few years ago, where it was thought that the guys were driving
   a white van. Instead, an eyewitness had simply seen a white van at the
   scene of the crime, and misidentified it as the sniper. Later
   witnesses then also thought they had seen a white van because the
   media kept reporting the white van, but it was largely imagined. His
   overall conclusion is provocative--many of the courtroom techniques we
   use today are terribly flawed, and there are alternatives out there
   that are much more reliable.

   He also discusses a wide range of ethical issues that arise from
   various issues surrounding brain sciences, such as the use of drugs
   that make us smarter, as well as issues of aging and other questions.
   Given that abortion is somewhat in the news right now, I'll mention
   one provocative argument he offers that I hadn't previously seen. In
   one section of his book he describes the life cycle of a fetus. The
   goal here is to try to focus on certain developmental milestones to
   address the question of when a fetus becomes a "person" for moral
   purposes, and perhaps legal purposes. So, for instance, he argues that
   there is no reasonable basis to claim that moral personhood arises at
   the moment of conception, or more specifically, before 14 days of
   gestation. The crux of his argument is that both twinning and chimeras
   (two embryos spontaneously reconverge and become one again) occur
   during this period. His conclusion about this is, "it is hard to
   ascribe the sense of what is happening to the uniqueness of the
   'individual' or 'soul' that is supposedly being formed at the instant
   of conception." (p. 12).

   He also has an interesting chapter on religion, where he describes how
   the brain reacts during religious experiences and the psychological
   experience of religion. One interesting point he makes in passing is
   that it turns out that scientists are just attached to their
   particular theories as religious believers, and in fact, scientists
   are just as reluctant to surrender their beliefs about science when
   confronted with contrary evidence as are religious believers. He notes
   (p. 146):

     Nowhere does the human capacity to form and hold beliefs become
     more stark than when clear scientific data challenge the
     assumptions of someone's personal beliefs. It would be easy to spin
     a story line about how a particular person with a set of religious
     values resisted the biological analysis of this or that finding in
     an effort to reaffirm his or her belief. There are many such
     stories, but they miss the point. Scientists themselves are just as
     resistant to change a view when confronted with new data that
     suggest their view is incorrect. All of us hold ot to our beliefs,
     and it now appears that men are even more tencious about not
     letting go than are women.

   He adds (pp. 146-47), "Interestingly, it turns out that scientists are
   slower to change their views in the face of new data than are
   preachers."

   Overall, quite an interesting book that covers a wide range of modern
   controversies in bioethics. It is also quite accessible. It is also
   short (178 pages) and in a few instances I felt that it was too short,
   in the sense that some of the discussions could have been developed in
   greater depth. Nonetheless, it is highly recommended.

   One testament to Gazzaniga's influence on popular discussion of these
   issues is that it is reported that he was the prototype for the
   character of the neuroscience professor in Tom Wolfe's book, I Am
   Charlotte Simmons. In fact, Gazzaniga is mentioned by the professor in
   Wolfe's book during one of his lectures.

References

   1. 
http://www.amazon.com/gp/product/1932594019/qid=1136980326/sr=2-1/ref=pd_bbs_b_2_1/103-9248164-8433439?s=books&v=glance&n=283155

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