193 research outputs found

    Neuroscience and the Law

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    Doubled-Edged Swords in the Biology of Conflict

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    Considerable advances have been made in understanding the biological roots of conflict, and such understanding requires a multidisciplinary approach, recognizing the relevance of neurobiological, endocrine, genetic, developmental, and evolutionary perspectives. With these insights comes the first hints of biological interventions that may mitigate violence. However, such interventions are typically double-edged swords, with the potential to foster conflict rather than lessen it. This review constitutes a cautionary note of being careful of what one wishes for

    Nohwere

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    Imagine the frustration of Samuel Butler’s protagonist, Higgs, with the strange society he encounters in Erewhon: Was there nothing which I could say to make them feel that the constitution of a person’s body was a thing over which he or she had had at any rate no initial control whatever, while the mind was a perfectly different thing, and capable of being created anew and directed according to the pleasure of its possessor? Could I never bring them to see that while habits of mind and character were entirely independent of initial mental force and early education, the body was so much a creature of parentage and circumstances, that no punishment for ill-health should be ever tolerated save as a protection from contagion, and that even where punishment was inevitable it should be attended with compassion? The Erewhonians had it all wrong, backward actually: they would criminally prosecute someone for the physical illnesses manifested, such as consumption, but would never prosecute those who made bad, immoral choices. And it would not matter that your ill-health was the product of a genetic weakness or malformation: It is all very well for you to say that you came of unhealthy parents, and had a severe accident in your childhood which permanently undermined your constitution; excuses such as these are the ordinary refuge of the criminal; but they cannot for one moment be listened to by the ear of justice. I am not here to enter upon curious metaphysical questions as to the origin of this or that—questions to which there would be no end were their introduction once tolerated, and which would result in throwing the only guilt on the tissues of the primordial cell, or on the elementary gases. Are the Erewhonians wrong? Are we? Or are we both wrong to imagine “fault” in the case of mechanical entities, like human agents? Higgs was certain that the Erewhonians failed to understand the nature of human agency, and we are compelled to wonder if they are right and it is we who are wrong. That is the challenge to which contemporary neuroscientific insights expose accepted normative systems, similar to our legal system (and even our moral responsibility system). We think the Erewhonians were wrong to impose criminal responsibility on those who were the victims of illness. The consumptive is not at fault in any way that could make sense if our object is to reduce the suffering illness causes. Indeed, criminalizing disease would actually exacerbate the problems illness presents. The costs incurred by doing so would increase the burden that illness imposes on society and would undermine human thriving. But we are also sure that contemporary legal and moral systems are just as wrong as the Erewhonian system. Extant legal doctrine and practices (civil as well as criminal) actually undermine human thriving: they are not merely a distraction; they are an impediment. Our normative systems conceive of law and morality as the Erewhonians understood physical disease—a product of sufficient choice to attach blame, fault, and concepts of desert. But on what basis do we draw the distinctions between physical and normative malady: Are not both just (generally) distinguishable manifestations of mechanical causes? If human agents are essentially mechanical entities, on what basis could we find a normative difference between, say, tuberculosis and selfishness or insufficient ability to feel compassion for others? In fact, if you are actually indifferent to the suffering of others, a typical psychopath, what could be the nonphysical cause of that indifference? Butler was prescient, and his Erewhon demonstrates an understanding of human agency that is precocious, anticipating what would only be revealed at the dawn of the Age of Realization: “Man, he said, was a machinate mammal.” All we are is mechanism, and that conclusion is not undermined in the least by the fact that we do not yet understand all that there is to understand about the mechanism. While it may not be possible for us to predict the next instant even were we to know all there is to know about the past and current instants, that does not undermine a mechanical conception of human agency, or of the universe for that matter. It is enough that we understand that mechanics capture well enough what we are at the level that matters to human thriving and the law, so we do not even need to know very much about quantum mechanics (though we need to know some relativity to understand GPS). At the level of acuity the law requires, it is enough that we appreciate the mechanical nature of human agency, for that is the level at which we can appreciate the immorality of basing normative systems, such as law, on ephemeral noninstrumental theory. Ours is an extreme position. Essentially, we are building on Francis Crick’s Astonishing Hypothesis and Bruce Waller’s arguments in Against Moral Responsibility. We are elaborating on Joshua Greene and Jonathan Cohen’s conclusion that “For the Law, Neuroscience Changes Nothing and Everything.” While we have reservations about what can be concluded about free will from Benjamin Libet’s science, we find much that makes good sense to us in Daniel Wegner’s and Leonard Mlodinow’s reservations about the substance of consciousness. Having located ourselves in the literature, starting with Butler, we explain what the law understands human agency to be and demonstrate why the law profoundly misunderstands matters. Butler challenged us to understand the difference between disease and choice. Common wisdom (the irony is intentional) understands those two phenomena to be diametric opposites. As a normative matter, disease is foisted upon you, choice is your own creation, the product of an uncaused cause. But if there are no uncaused causes, if, that is, we are not divine (because only the divine is an uncaused cause in a mechanical universe), there is no such thing as “choice.” And without choice there can be no moral responsibility—no blame, no desert, no retribution, and no punishment (strictly construed). So, there is much at stake in understanding law’s dependence on the insubstantial choice fiction and the mechanics that reveal that choice is a fiction. What we do in this Article is, first, demonstrate the law’s reliance on an inauthentic conception of human agency. We trace that fundamental misapprehension through the three primary areas of the law: contract, tort, and criminal law. In each area, the law reaches conclusions that actually undermine human thriving by relying on a misconception of what it means to be human. “Consent” does not mean what it needs to mean for the contract law to be coherent; “fault” is a distraction if the object of the tort law is, as it should be, to reduce the cost of accidents; and the criminal law, most obviously, fails if it is based, albeit obliquely, on conceptions of moral responsibility that lack a reality referent. The second part of the Article demonstrates why and how there is no room for choice for uncaused causes in the human saga. Any decision or event you can imagine has premises that trace from the instant before the apparent choice and the time immemorial leading up to that choice. We can no more choose to do something unconstrained by the forces that formed the current moment, including us and our place in the current moment, than we could choose to be ten feet tall or be a member of a different species. We are the culmination of forces over which we have nothing but the most ostensible “control.” That control is wholly ostensible because it only seems to be real. Now we recognize that “seeming” is quite convincing; it is all we know, really. The illusion is convincing because it is adaptive; it is much of the story of our social evolution. Proof of that is your inability to even imagine that you do not have free will, that your consciousness does not reveal to you all you need to know to make free choices. You may be able, at some level, to conceive of yourself as a wholly determined creature, but you could not maintain that mental posture for very long. You would slip back into a sense of willingness. While we assert that free will is a fiction and that choice is an illusion, we do not doubt that they are useful. Free will supports a moral responsibility system that has served our species well (enough) for quite some time. And it is helpful to be able to rely on the imposition of guilt and reward of praise to teach others (including one’s children, perhaps unwittingly) to behave in ways that will promote social success, social cohesion, and human thriving. Free will is helpful until it is not helpful. At some point, a point revealed in much of the extant law, conceptions of free will, conclusions premised on the reality of unfettered choice, will actually undermine human thriving, even though it might “feel good” in the instant. This Article is neither optimistic nor pessimistic. It is realistic. We imagine that as the science matures, the law’s incoherence will be manifest, and so will the incoherence of many of the institutions that are founded on an inauthentic understanding of human agency. When neuroscience tells us, more and more eloquently, what it means to be human, we shall appreciate, more and more fully, that the law errs in its assumptions about human agency and errs in ways that not only frustrate, but undermine, law’s object. Just as witch trials seem absurd to us today, many of contemporary law’s dictates will seem barbaric in the not-too-distant future. Prosecute those addicted to controlled substances on account of their consumption of the controlled substance? Wouldn’t that be like punishing someone for having a disease? Are we in Erewhon? Or our own Nohwere

    The influence of social hierarchy on primate health.

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    Dominance hierarchies occur in numerous social species, and rank within them can greatly influence the quality of life of an animal. In this review, I consider how rank can also influence physiology and health. I first consider whether it is high-or low-ranking animals that are most stressed in a dominance hierarchy; this turns out to vary as a function of the social organization in different species and populations. I then review how the stressful characteristics of social rank have adverse adrenocortical, cardiovascular, reproductive, immunological, and neurobiological consequences. Finally, I consider how these findings apply to the human realm of health, disease, and socioeconomic status

    Electromagnetic fields--health effects and policy issues

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    Prospectus, August 21, 2013

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    OBAMA SIGNS STUDENT LOAN DEAL; States tightening rules on college loans; College survival guide money matters: How to survive your first year on campus - without going broke; Essential skills for college freshmen; Boosting inclusion on campus; Are humans hard-wired for racial prejudice?; Tanney\u27s shot at the real thinghttps://spark.parkland.edu/prospectus_2013/1009/thumbnail.jp

    Status, Testosterone, and Human Intellectual Performance: Stereotype Threat as Status Concern

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    Results from two experiments suggest that stereotype-threat effects are special cases of a more general process involving the need to maintain or enhance status. We hypothesized that situations capable of confirming a performance stereotype might represent either a threat to status or an opportunity for enhancement of status, depending on the nature of the stereotype. The positive relationship between baseline testosterone and status sensitivity led us to hypothesize that high testosterone levels in males and females would amplify existing performance expectations when gender-based math-performance stereotypes were activated. In Study 1, high-testosterone females performed poorly on a math test when a negative performance stereotype was primed. In Study 2, high-testosterone males excelled on a math test when a positive performance stereotype was primed. The moderating effect of testosterone on performance suggests that a stereotype-relevant situation is capable of conferring either a loss or a gain of status on targets of the stereotype.Yeshttps://us.sagepub.com/en-us/nam/manuscript-submission-guideline

    Predator Cat Odors Activate Sexual Arousal Pathways in Brains of Toxoplasma gondii Infected Rats

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    Cat odors induce rapid, innate and stereotyped defensive behaviors in rats at first exposure, a presumed response to the evolutionary pressures of predation. Bizarrely, rats infected with the brain parasite Toxoplasma gondii approach the cat odors they typically avoid. Since the protozoan Toxoplasma requires the cat to sexually reproduce, this change in host behavior is thought to be a remarkable example of a parasite manipulating a mammalian host for its own benefit. Toxoplasma does not influence host response to non-feline predator odor nor does it alter behavior on olfactory, social, fear or anxiety tests, arguing for specific manipulation in the processing of cat odor. We report that Toxoplasma infection alters neural activity in limbic brain areas necessary for innate defensive behavior in response to cat odor. Moreover, Toxoplasma increases activity in nearby limbic regions of sexual attraction when the rat is exposed to cat urine, compelling evidence that Toxoplasma overwhelms the innate fear response by causing, in its stead, a type of sexual attraction to the normally aversive cat odor

    High quality copy number and genotype data from FFPE samples using Molecular Inversion Probe (MIP) microarrays

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    BACKGROUND:A major challenge facing DNA copy number (CN) studies of tumors is that most banked samples with extensive clinical follow-up information are Formalin-Fixed Paraffin Embedded (FFPE). DNA from FFPE samples generally underperforms or suffers high failure rates compared to fresh frozen samples because of DNA degradation and cross-linking during FFPE fixation and processing. As FFPE protocols may vary widely between labs and samples may be stored for decades at room temperature, an ideal FFPE CN technology should work on diverse sample sets. Molecular Inversion Probe (MIP) technology has been applied successfully to obtain high quality CN and genotype data from cell line and frozen tumor DNA. Since the MIP probes require only a small (~40 bp) target binding site, we reasoned they may be well suited to assess degraded FFPE DNA. We assessed CN with a MIP panel of 50,000 markers in 93 FFPE tumor samples from 7 diverse collections. For 38 FFPE samples from three collections we were also able to asses CN in matched fresh frozen tumor tissue.RESULTS:Using an input of 37 ng genomic DNA, we generated high quality CN data with MIP technology in 88% of FFPE samples from seven diverse collections. When matched fresh frozen tissue was available, the performance of FFPE DNA was comparable to that of DNA obtained from matched frozen tumor (genotype concordance averaged 99.9%), with only a modest loss in performance in FFPE.CONCLUSION:MIP technology can be used to generate high quality CN and genotype data in FFPE as well as fresh frozen samples.This item is part of the UA Faculty Publications collection. For more information this item or other items in the UA Campus Repository, contact the University of Arizona Libraries at [email protected]
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