Winter School Programme
LAW AND NEUROSCIENCE WINTER SCHOOL 2012
Programme
22 January 2012 Arrival of participants
23 January 2012
9 am-10.15 am
Location: Aula Foscolo - of Pavia
WELCOME SESSION
Amedeo Santosuosso, Barbara Bottalico, Paul Catley, Lisa Claydon, Marina Boccardi and Carlo Alberto Redi
Students and teachers self-presentation and course overview
10.15 am - am
INTRODUCTION TO THE SCHOOL: SCIENCE AND LAW, NEUROSCIENCE AND LAW
Amedeo Santosuosso, Paul Catley
* Open Lecture
Neuroscience is a general term covering a number of disciplines which study the human brain and the relationships between brain structure mental activity and behaviour. genetics has a similar aim in to genetic makeup. combines, in different ways, these two approaches. Increasingly scholars have debated how neuroscientific findings, neurocognitive methods and new diagnostic techniques (especially brain imaging techniques) may how the law is framed. Throughout the world different jurisdictions are facing similar questions as to the approach that to the approach that should be adopted to neuroscientific evidence. In this fast developing intersection between science and there is a need for scholars with an understanding of both the scientific and legal issues. This Winter School on neuroscience and law aims to foster this understanding and inspire the participants to pursue research careers in this area.
11,30 am - am
Opening Addresses:Prof. A. Stella (rector, University of Pavia), Prof. E. Dezza (Dean, Faculty of Law, University of Pavia), Prof. A. Belvedere (rector, Collegio Ghislieri di Pavia), Dr. G. Canzio (Chief Justice, Court of Appeal of Milan) , Prof. S. Garagna (director, ECLT Research Center, University of Pavia)
* Open Lecture
12.00 am - pm
Keynote Lecture "The mirror mechanism: A mechanism for understanding others"
Giacomo Rizzolatti (University of Parma)
* Open Lecture
2.30 - pm
INTRODUCTION TO THE SCHOOL: NEUROSCIENCE
Stefano Cappa
* Open Lecture
24 January 2012
9 am-10.45 am
INTRODUCTION TO THE SCHOOL: GENETICS AND SYNTHETIC BIOLOGY
Carlo Redi
* Open Lecture
A bird's eye view on the last decade's advances in genetics: a short presentation on how all the possible –omics meet cell biology today and Biology turns in a hard science from its historical and descriptive ontogenetic approach. The conceptual paradigm of synthetic Biology.
11.15 am - pm
APPLICATIONS OF NEW TECHNOLOGIES TO REHABILITATION
Roberto Colombo
Given the rapid increase in the aging of the population and the further increase that is expected in coming years, an important problem that has to be faced is the corresponding increase in chronic illness, disabilities, and loss of functional endemic to the elderly. For this reason novel methods of rehabilitation and care management are urgently needed. The present session deals with Robot-assisted Neurorehabilitation, Virtual Reality, Wearable Devices and other emerging technologies potential benefits for many aspects of rehabilitation assessment, treatment and research.
2.30 pm - pm
BRAIN IMAGING. THE METHODS: ANALYSIS OF BRAIN MORPHOLOGY (NEUROIMAGING TOOLS), AND THE ANALYSIS OF ITS RELATION TO THE INDIVIDUALS’ BEHAVIOUR (STATISTICAL TOOLS).
Alfredo Calcedo Barba
The Brain Imaging – Methods section will provide an overview of the techniques allowing to explore in vivo the morphology of the brain, and of the statistical reasoning that allows to draw inferences about relation between brain morphology, functioning, acquired and congenital disorders, and psychiatric conditions. The need of such an overview relates not only to the comprehension of the neuroscientific findings per se, but also to the understanding the range of applicability of such findings in different areas of interest, in this case in the juridical ground. Limitations of both methodological aspects need to be made clear and explicit, in order to identify possible solutions to overcome them the practical level of their possible use behind the Courts.
4.15 am-5.30 pm
BRAIN IMAGING. SCIENTIFIC RESULTS
Alfredo Calcedo Barba, Marina Boccardi
Neuroimaging results are used behind the Courts based on the existence of experimental data showing that some cerebral features detectable from brain imaging can be associated to specific conditions, relevant the evaluation of aspects like criminal responsibility. Brain trauma, degeneration, and congenital malformations are all associated to clear anatomical features, but the meaning of this features and of these association, and of their relation to the ’s behaviour are very different. Nonetheless, due to the fact that these conditions are all associated to positive findings at neuroimaging, such findings tend to be homogeneously treated as supportive evidence for a reduced responsibility.
Moreover, the association of neuroimaging findings with psychiatric conditions are much more controversial. Under this respect, the requirements for the use of neuroimaging findings
behind the Courts (Frye and Daubert standards) show an increased number of facets to be considered for adequate use. The concepts of "added value", "sensitivity" and "specificity", as also adopted in translational research in the medical field, can be imported at the juridical level. Under this respect research in translational medicine offers a precious model for the interdisciplinary field of Neuro-Law. This section will be illustrated with the use of examples from the available scientific on neuroimaging.
25 January 2012
9,00 am – 10.45 am
HANDS-ON-LABMarina Boccardi and Anna Sedda
Students will attend a number of experiments involving behavioural (neuropsychological) and instrumental investigations (TMS, Physiological manipulations). The aim is to provide knowledge on the principal methodological implied in Neuropsychology and information on the most used cognitive tests for forensic inquires. Hands on Lab activities will be performed at the University of Pavia.
11.15 am – 1.00 pm
THE LAW AND NEUROSCIENCE: CIVIL-LAW AND COMMON-LAW POINTS OF VIEW
Tade M. Spranger, Caroline Roediger, Lisa Claydon
* Open Lecture
In Germany, opinions are highly divided with a view to the legal framework of neuroscientific research, as this research area has not yet been covered by any national code. Notably incidental findings in brain research pose a big challenge for both the researcher and the participant. They might cause psychological distress, social stigma and severe financial burdens on the participant’s side and might confront the researcher with civil claims damages or even render himself liable to prosecution. Another important issue in neurolaw is that of neuro-technical application possibilities. Even though the use of fMRI scanners as lie detectors in courts and as brain-computer interfaces for disabled are not (yet) a daily occurrence in Germany, it is an important time to consider the constitutional implications.
In the second part of the class, the English common-law legal system will be presented, with a particular attention to hot issues related to law and neuroscience. Royal Society of Science working team has indeed identified the main issues related neuroscience, which are relevant to the law. These are: Memory, Risk, Pain, Mental Conditions which may affect responsibility, and the use of neuroscientific techniques to predict future criminal behaviour.
2.30 – 3.45 pm
LEGAL LAB
Tade Spranger, Marina Boccardi & Lisa Claydon on lie detection
Presentation at the end of the general "accident" case
4.15 pm - pm
HANDS-ON-LAB (BRAIN IMAGING)with Marina Boccardi and Anna Sedda
In the laboratory section, participants will be prompted to express the typical questions that they would pose to experts for answering to legal issues, and also to provide the kind of answers that they expect receive for considering their question as satisfactorily answered. Logical gaps at this level, plausibly caused by limited experience of judges in the neurological and psychiatric fields, as well as of the appointed experts in both the juridical and field, may lead judges to use improperly scientific data, and also may lead experts to provide involuntarily biased information.
In this laboratory, participants will also be guided to the consideration of the methodological aspects that both scientists and operators in the social fields should be aware of: the difference in the levels of complexity among fields of investigation the human mind and brain. Our cognitive system imposes a knowledge method that can investigate a limited number of aspects at each time, and the whole scientific armamentarium is, of course, strongly influenced by this limitation. This lead to a knowledge ordered in a hierarchical manner, where the social and juridical levels, at which responsibility is evaluated, are the farest from the biological level, that we are considering with the genetic or neuroimaging analyses. This means that the field Neuro-Law needs to bring about a thorough consideration of the loss and gain of information when doing each step across such levels of complexity, together with a proper "translation" of concepts, in fields so far that the same words have by no means same meaning within each of them. Active participation of attendees will be precious for the concrete comprehension of these crucial aspects.
In the perspective of allowing participants to experience the use of neuroimaging tools, pc will be predisposed for allowing student to segment specific regions of interest in the brain, or to carry out comparison experiments.
26 January 2012
9 am-10.45 am
PSYCHIATRY IN COURT
Alfredo Calcedo Barba
There will be a presentation of the limitations of the neuroscientific evidence when it is intended to be used by expert witnesses in a court of law. During the presentation it will be challenged the "neuroradical" approach and it will be argued despite the enormous amount of research that we have obtained, it is impossible to predict human intentional behaviour.
11.15 am-1 pm
SCIENTIFIC RESEARCH AND THE LAW
Carlo Alberto Redi
In the everyday lab working life scientists face restrictions and tighten regulations that slow down their potentiality to advance the knowledge in several topics that clearly affect human health and environmental just to tell about two hot topics. The needed regulations in fact strictly apply just to the public lab while under protection lab can work without limitations. This situation is becoming a boomerang: instead to protect the society, these regulations lengthening the time by which lab results can reach the bed side or improve the environmental quality. Some of the possible, present and future, clashes between law duties and science needs will be presented.
2.15 – 5.30 pm
LEGAL LAB
Paul Catley, Dave van Toor & Lisa Claydon
Introduction the accident case. the end students choose the issues they will present upon
27 January 2012
9am -
NEUROSCIENCE&LAW DATABASING: SIMILAR PROBLEMS AND DIFFERENT SOLUTIONS
Daniela Tiscornia, Amedeo Santosuosso
* Open Lecture
The concept of an international archive of cases and materials on neuroscience and the law is presented. The crucial point is the contrast between the need to deal with the durable differences of legal languages on the other side, the necessity not to loose the advantages that international and transnational interaction offers within EU and worldwide. ICT can offer working tools within a dynamic, adaptive and ever-evolving context.
Technical alternatives and methodological pitfalls of constructing the database will be outlined.
11.15 am-1 pm
NEUROSCIENCE&LAW DATABASING: THE UK AND NL EXPERIENCE
Paul Catley, Lisa Claydon, Katy De Kogel
The session will look at one method for analyzing large numbers of cases. Based on research initially conducted by Nita Farahany in the United States the session will consider how that research was mirrored in England in the Netherlands.
Knowledge about biological influences on antisocial behaviour has grown in the last decades. Research concentrates roughly on two areas: Firstly, in offenders with callous, premeditated antisocial behaviour, deficits found in sensitivity to the suffering of others, and to moral emotions such as guilt and remorse, and their physiological stress system shows less reactivity to social stressors such as punishment. Secondly, offenders with impulsive aggressive behaviour deficits in so-called ‘executive functions’ such as impulse control, planning ahead, or the ability to adapt their reactions to novel information. The deficits mentioned are ascribed to dysfunctions of a brain circuit for emotion regulation social decision-making. Structures and connections between them presumed to be involved are ‘emotional parts’ of the brain (e.g. amygdale), and areas of the prefrontal cortex (PFC) known as ‘rational parts’ of the brain.
To what extent does this neurobiological work about antisocial behavior already find its way into criminal cases? An inventory of UK and Dutch case law will be presented, in which neurobiological or behavioural genetic information was introduced. The and methodological pitfalls of constructing the database will be outlined. The presentation will further address the following questions. Which types of offences are charged, and which penalties or measures are imposed in these cases? In which of the criminal case is the neurobiological information introduced and for which legal queries? It will be investigated for instance if neurobiological information is considered in assessment and treatment of antisocial behaviour, in judgment of responsibility, or in assessment of criminal recidivism risk. A question that also will be addressed is which checks and balances the Dutch legal system provides for evaluation of information provided by (neuro)experts.
2.30-3.45 pm
NEUROSCIENCE&LAW DATABASING: THE EANL AND ALST MULTILINGUAL APPROACH
Daniela Tiscornia, Roberto Zanetti, Sara Azzini
In order to facilitate the understanding of technical aspects, a short introduction to data management and information retrieval will be firstly provided: basic concepts underlining the building up of digital systems, such as data formats, documents tagging, searching strategies and conceptual retrieval will be introduced and explained. The focus of this section will be on the challenges linked to the access to multilingual information and on the presentation of different approaches to the building up of linguistic tools (multilingual thesauri) able to drive the cross lingual retrieval of legal cases, the conceptual differences among legal systems. Practical examples of the building process will be provided and the differences in methodological approaches between EANL and ALST will be out-lighted.
4.15 – 5.30 pm
LEGAL LAB (ICT AND NEURO&LAW DATABASING)Roberto Zanetti and Sara Azzini
In this legal lab case law in the field of neuroscience is analyzed and processed according to the methodology explained in the previous session
28 January 2012 Free time.
Students and teachers will have the possibility to visit the city of Pavia.
29 January 2012 Free time.
Students and teachers will have the possibility to visit the city of Milan.
30 January 2012
9.00 – 10.45 am
COGNITIVE NEUROSCIENCE. THE ROLE OF EMOTION AND MEMORY IN DETERMINING HUMAN BEHAVIOURS
Gabriella Bottini, Anna Sedda
The aim of this seminar is to frame the topic of emotion not basing on psychodynamic theories and interpretations rather than providing information on the anatomo-physiological substrates of the emotional system in the human brain.
11.15 am-1 pm
COGNITIVE NEUROSCIENCE
Gabriella Bottini, Anna Sedda
Decision making, Free will and capability: the boundary between cognitive neuroscience and law. Definition, Neurophycology, Pathological aspects in between neurology and psychiatry, Behavioural instruments to explore these comparative dominions. The concept of awareness and consciousness: what can be learned from cognitive neuroscience.
These topics deeply interest both, Law and Cognitive Neuroscience and frequently represent the main issues on which Lawyers ask practical explicative responses to Neuropsychologists and Neuroscientists in general. The aim of this seminar is providing on the physiological correlates of these complex cognitive components of the human behaviour. A number of neurological and psychiatric syndromes will also be presented as they are particularly emblematic in demonstrating impairments of these aspects direct impact in Courts. The issues of awareness and consciousness interest many disciplines such as Philosophy, Psychology, Neuropsychology, Neurology, Psychiatry and Law. In the past decade researches on this topic have grown exponentially considering the use of instruments such as fMRI able to study the human brain "in vivo". Recent discoveries on the identification of the so called spared cognitive reservoir in severe brain damaged patients have had a huge impact on the discussion about advanced health care directive.
2.30-3.45 pm
HOW DOES LAW ABSORB SCIENCE?
Anne-Lise Sibony
* Open Lecture
The use of Economics in Competition Law and of Psychology in Consumer Law.
4.15 – 5.30 pm
BREAKOUT SESSION
(Group leaders: Anne-Lise Sibony, Barbara Bottalico, Dave Van Toor, Caroline Rodiger)
Analysis of recent academic articles selected among the juridical literatures concerning Law & Neuroscience. Students will be divided in 4 smaller groups.
31 January 2012
9 am – 10.45 am
LIE DETECTION AND THE PRIVILEDGE AGAINST SELF-INCRIMINATION IN CRIMINAL LAW. A COMPARISON BETWEEN ITALY, US AND THE ECHR
Barbara Bottalico, Dave van Toor
The first question many scholars ask about lie-detection techniques is whether they are sufficiently reliable to be used. However, even if lie-detector technology does provide an accurate means of monitoring and deceptiveness, how should it be used in the context of a criminal proceeding?
11.15 am -1 pm
LEGAL LAB
Dave van Toor, Paul Catley & Lisa Claydon (criminal law)
Q&A session concerning legal issues surrounding the accident case
2.15-3.45 pm
BRAIN COMPUTER INTERFACING (BCI). APPLICATIONS AND CHALLENGES
Pim Haselager
* Open Lecture
Building interfaces between brains and computers is a multidisciplinary task, with potentially great promise, but currently with many formidable practical challenges. I will present a general, non-technical review of the main components of a review several of its current applications, and outline some of the obstacles yet to be overcome.
4.15 – 5.30 pm
BRAIN-COMPUTER INTERFACES: MORAL AND LEGAL RESPONSIBILITY
Pim Haselager, Amedeo Santosuosso, Franco Caroleo
* Open Lecture
Recent research in neuroscience and artificial intelligence lead to the development of neurotechnologies (e.g. Brain-Computer Interfacing and Deep Brain Stimulation) that may have substantial impact on the legally issues of personal identity, agency and personal responsibility.
1 February 2012
9 am – 10.45 am
NEUROSCIENCE AND THE MEASUREMENT OF PAIN IN COURT.
Barbara Bottalico
The assessment of chronic pain is a highly unmet medical need, and a significant number of patients are not effectively treated with currently available therapies, particularly in chronic debilitating pain conditions as neuropathic pain. Chronic pain is also the subject of a large and costly category of legal claims. Yet, the invisibility and subjectivity of pain have caused it to be a subject of as much philosophical and legal controversy on its significance. most recent developments of neuroimaging are supposed to improve such situation. The possible implications for the law and at the same time the limitations of these techniques are analysed.
11.15 am -1 pm
LEGAL LAB
Paul Catley, Lisa Claydon, Pim Haselager, Gabriella Bottini, Anna Sedda
Q&A concerning science (psychology, cognitive neuroscience) surrounding the accident case
3.00 pm - 6.00 pm
International Conference "Science and the Criminal and Civil Justice: Behavior, Neuroscience and Genetics",
Court of Milan, Aula Magna.
* Open Lecture
2 February 2012
9 am – 10.45 am
FROM ETHICS TO BIOETHICS TO NEUROETHICS: WHAT’S NEW AND WHAT’S OLD.
Daniela Ovadia
The late 20th century saw unprecedented progress in the basic sciences of mind and brain and in the treatment of psychiatric and neurologic disorders. Now, in the early 21st century, neuroscience plays an expanding role in human life beyond research lab and clinic. In classrooms, courtrooms, offices and homes around the world, neuroscience is giving us powerful new tools for achieving our goals and prompting a new understanding of ourselves as social, moral and spiritual beings. As we out more and more about what makes us tick, we must stop and consider the ethical implications of this new knowledge. Will having a new biology of the brain through imaging make us less responsible for our behavior and lose our free will? Should brain scan studies be disallowed on the basis of moral grounds? Why is the media so interested in reporting results of brain studies?
Bioethics experts are concerned with the ethical questions that arise in the relationships among life sciences, biotechnology, medicine, politics, law, and philosophy. We will describe how the bioethical questions took importance in the last century and are the peculiarities of bioethical reflection in the domain of neurosciences which lead to separate neuroethics from bioethics.
11.15 am-1 pm
FREE WILL AND DECISION MAKING
Daniela Ovadia
Until not too long ago, most people believed human morality was based on scripture, culture or reason. Some stressed only one of those sources, others mixed all three. None would have thought to include biology. the progress of neuroscientific research in recent years, though, a growing number of psychologists, biologists and philosophers have begun to see the brain as the base of our moral views. Noble ideas such as compassion, altruism, empathy and trust, they say, are really evolutionary adaptations that are now fixed in our brains. Our moral rules are actually instinctive responses that we express in rational when we have to justify them. A thorough analysis of the question of whether we possess "free will" requires that we take into account the process of exercising that will: that is, the neural mechanisms of decision making. Much of what we know about mechanisms indicates that decision making is greatly influenced by implicit processes that may not even reach consciousness. Moreover, there are conditions, for example certain types of brain injury or drug addiction, in which an individual can be said to have a disorder of the will. Examples such as these demonstrate that the idea of freedom of will on which our legal system is based is not always supported by the neuroscience of decision making. We will discuss if new in neuroscience could be used as a tool for reprioritizing our society's legal intuitions in a way that leads us to a more effective system.
2.30 pm – 5.30 pm
STUDENTS PRESENT THEIR WORKS prepared in the Legal Labs
Each group presents their views, thoughts & doubts for about 15 minutes, followed by 15 minutes plenary discussion
Students hand in the evaluation form the got the day before
03 February 2012
9 am – 10.45 am
NEUROSCIENCE AND ROBOTS
Pim Haselager, Chiara Boscarato
Knowledge of the human brain and cognitive development means that robots can be created with ever more sophisticated and responsive Artificial Intelligence. At the same time, studies into the development of cognitive robots may be useful in a greater understanding of the functioning of the human brain. Furthermore, robots with decisional capabilities are currently being built. The aim of this seminar is to examine the relationship between robots and neuroscience and the legal status of robots.
11.15 am-1 pm
FREE DISCUSSION TIME
2.30-3.45 pm
ROUND TABLE among students and professors at the presence of two externals to the EANL WS, and one internal (UNIPV):
a) Dott. Giuseppe Gennari (Court of Milan, I);
b) Prof. Federico Pizzetti (University of Milan, I);
c) Prof. Ettore Dezza, Dean of the Faculty of Law (University of Pavia, I)
break
4.15 – 5.30 pm
BUFFET
04 February 2012
Departure of participants
Scientific Committee
Amedeo Santosuosso, Barbara Bottalico (Scientific Secretary), Paul Catley, Lisa Claydon, Pim Haselager, Anne Lise Sibony, Alfredo Calcedo Barba.
Organization
Michela Cobelli
Students and faculty assistants
Alessandra Malerba, Laura Massocchi