News and Commentary Archive

Explore recent scientific discoveries and news as well as CLBB events, commentary, and press.

Mission

The speed of technology in neuroscience as it impacts ethical and just decisions in the legal system needs to be understood by lawyers, judges, public policy makers, and the general public. The Massachusetts General Hospital Center for Law, Brain, and Behavior is an academic and professional resource for the education, research, and understanding of neuroscience and the law. Read more

US Supreme Court declines case on fetal pain

On Monday, January 13, the Supreme Court declined to hear a lower court ruling abolishing an Arizona law that criminalized abortions at 20 weeks. Recently enacted restrictive abortion laws across a number of states hinge on the fetal pain assertion, an argument that a fetus can feel pain at 20 weeks of gestation. This assertion is highly disputed among scientists, and begs questions about the possibility of defining and quantifying physical pain, a new area of active inquiry for CLBB as we welcome David Borsook, a neuroscientist who studies pain, and Amanda Pustilnik, a legal theorist, to the CLBB faculty. In her 2012 paper “Pain as Fact and Heuristic: How Pain Neuroimaging Illuminates the Moral Dimensions of Law,” Pustilnik discusses the imminent capacity of neuroimaging for rendering pain, and the implications of such a rendering for legal theory and practice.  What follows below is an excerpt from a recent New York Times article discussing the Supreme Court’s decision.

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