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Neurointerventions and the LawRegulating Human Mental Capacity$
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Nicole A Vincent, Thomas Nadelhoffer, and Allan McCay

Print publication date: 2020

Print ISBN-13: 9780190651145

Published to Oxford Scholarship Online: June 2020

DOI: 10.1093/oso/9780190651145.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 26 February 2021

Cognitive Enhancement

Cognitive Enhancement

Defending the Parity Principle

(p.33) 2 Cognitive Enhancement
Neurointerventions and the Law

Neil Levy

Oxford University Press

According to the parity principle, the means whereby an agent intervenes in his or her mind, or the minds of others, is irrelevant when it comes to assessing the moral status of the intervention: what matters is how the intervention affects the agent. This chapter sets out the case for the parity principle, before defending it from recent objections due to Christoph Bublitz and Reinhard Merkel. Bublitz and Merkel argue that direct interventions bypass agents’ psychological capacities and therefore produce states over which agents have less control and which are less reflective of who they genuinely are. I argue that indirect interventions that are processed psychologically may be no less destructive of control or of the degree to which the resulting states are reflective of the agent and, further, that direct interventions may be morally unproblematic. Given that right now and for the foreseeable future indirect interventions threaten our autonomy far more often and far more deeply than direct, the distinction between direct and indirect interventions doesn’t even provide a useful heuristic for assessing when an intervention into the mind/brain is problematic.

Keywords:   enhancement, parity principles, direct intervention, Christoph Bublitz, Reinhard Merkel

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