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犯罪者是否有权接受神经康复治疗?
1University of Oxford (Oxford Uehiro Centre and Faculty of Philosophy), Oxford, UK.
概括
犯罪者可能有道德权利接受神经康复,这涉及到用于康复的脑干预. 这个权利是基于减轻惩罚的基础.
科学领域:
- 神经科学与法律
- 刑事司法 伦理 刑事司法 伦理
- 康复科学科学 康复科学
背景情况:
- 神经干预可以对大脑产生直接的物理,化学或生物影响.
- 目前在刑事司法中使用和研究神经干预以减少重复犯罪.
- 伦理辩论经常假设有关神经康复的工具性原因和权利侵犯.
研究的目的:
- 提出一个基于权利的论点,为向罪犯提供神经康复.
- 建立在特定条件下的神经康复的道德权利.
- 解决刑事司法中神经康复的伦理异议.
主要方法:
- 哲学论证的论证方式
- 对康复的基于权利的理由进行分析.
- 检查神经干预中的伦理考虑.
主要成果:
- 辩称,犯罪者拥有接受神经康复的道德权利.
- 确定了支持这一权利的三个考虑因素:抵消惩罚的副作用,希望的权利和对不公正的赔偿.
- 将这些考虑扩展到神经康复,当它是最有效和最具成本效益的选择.
结论:
- 神经康复应该被视为一种权利,而不仅仅是一个工具,当它最有效时.
- 这种观点将伦理辩论从允许转变为义务.
- 解决了有关罪犯有"糟糕的选择"和过度医疗化的担忧.
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