Pain as a fact and heuristic: how pain neuroimaging illuminates moral dimensions of law

In legal domains ranging from tort to torture, pain and its degree do important definitional work by delimiting boundaries of lawfulness and of entitlements. Yet, for all the work done by pain as a term in legal texts and practice, it has a confounding lack of external verifiability. Now, neuroimaging is rendering pain and myriad other subjective states at least partly ascertainable. This emerging ability to ascertain and quantify subjective states is prompting a "hedonic" or a "subjectivist" turn in legal scholarship, which has sparked a vigorous debate as to whether the quantification of subjective states might affect legal theory and practice. Subjectivists contend that much values-talk in law has been a necessary but poor substitute for quantitative determinations of subjective states--determinations that will be possible in the law's "experiential future." This Article argues the converse: that pain discourse in law frequently is a heuristic for values. Drawing on interviews and laboratory visits with neuroimaging researchers, this Article shows current and in-principle limitations of pain quantification through neuroimaging. It then presents case studies on torture-murder, torture, the death penalty, and abortion to show the largely heuristic role of pain discourse in law. Introducing the theory of "embodied morality," the Article describes how moral conceptions of rights and duties are informed by human physicality and constrained by the limits of empathic identification. Pain neuroimaging helps reveal this dual factual and heuristic nature of pain in the law, and thus itself points to the translational work required for neuroimaging to influence, much less transform, legal practice and doctrine.     

Comments to the CoE Convention 108 draft proposal on data protection

One year after the public consultation on the modernisation of the Convention 108, the Council of Europe issued the latest modernization proposal in March 2012 reviewed on the basis of the 27th Plenary meeting of the Consultative Committee of the Convention (from 29 November to 2 December 2012) and the 26th meeting of its Bureau (from 6 to 8 February 2012). Professor Graham Greenleaf and Mr. Nigel Waters on behalf of the Australian Privacy Foundation International Committee and a consortium headed by CLSR Editorial Board member Professor Sylvia Kierkegaard together with Dr. Elisabeth Thole, Professor Dr. Willem Grosheide and CLSR Professional Board Member Joseph V. DeMarco submitted separately their comments to the proposed text. Plenary meeting of the Consultative Committee of the Convention 108 will take place in Strasbourg from 19 to 22 June 2012, during when the draft text will be approved.     

Dental age assessment of southern Chinese using the United Kingdom Caucasian reference dataset

Dental age assessment is one the most accurate methods for estimating the age of an unknown person. Demirjian's dataset on a French-Canadian population has been widely tested for its applicability on various ethnic groups including southern Chinese. Following inaccurate results from these studies, investigators are now confronted with using alternate datasets for comparison. Testing the applicability of other reliable datasets which result in accurate findings might limit the need to develop population specific standards. Recently, a Reference Data Set (RDS) similar to the Demirjian was prepared in the United Kingdom (UK) and has been subsequently validated. The advantages of the UK Caucasian RDS includes versatility from including both the maxillary and mandibular dentitions, involvement of a wide age group of subjects for evaluation and the possibility of precise age estimation with the mathematical technique of meta-analysis. The aim of this study was to evaluate the applicability of the United Kingdom Caucasian RDS on southern Chinese subjects. Dental panoramic tomographs (DPT) of 266 subjects (133 males and 133 females) aged 2-21 years that were previously taken for clinical diagnostic purposes were selected and scored by a single calibrated examiner based on Demirjian's classification of tooth developmental stages (A-H). The ages corresponding to each stage of tooth developmental stage were obtained from the UK dataset. Intra-examiner reproducibility was tested and the Cohen kappa (0.88) showed that the level of agreement was 'almost perfect'. The estimated dental age was then compared with the chronological age using a paired t-test, with statistical significance set at p<0.01. The results showed that the UK dataset, underestimated the age of southern Chinese subjects by 0.24 years but the results were not statistically significant. In conclusion, the UK Caucasian RDS may not be suitable for estimating the age of southern Chinese subjects and there is a need for an ethnic specific reference dataset for southern Chinese.     

The Psychiatric Aspects of Solitary Confinement

Mental health workers who work in correctional facilities frequently have to assess and treat clients in solitary confinement (SC). SC is used as a procedure in correctional facilities for a variety of reasons including punishment, protection of the person, security of the institution, or for more intensive observation. In this article we have taken a fresh and critical view of the literature to attempt to delineate the effects of SC on mental health. The research in this area reveals mixed findings. Some studies extrapolate findings from social isolation experiments and the findings from prisoner of war (POW) camps. Many other studies have severe limitations. Most of the better studies suggest that SC is not harmful to the majority of people but conclude that some may be less resilient due to their personality construct or perhaps due to mental illness. Further research is needed to clarify this issue.