Neurosciences study the relations between the human brain and human behaviour. Recent developments of these sciences are granting us an increasing possibility to control, or influence, mental processes. In this chapter, I analyse how this possibility is becoming a concrete ability to control socially undesirable behaviour, which is the reason why I choose to investigate the relationship between Neurosciences and the Law. Firstly, with this in mind, I show the new role of the neuroscientists in Courts. Secondly, I analyse new neuro-paradigms in public debates about the structure of Society and the Law. Moreover, I study the so-called reductive neurolaw, which is the gradual replacement of traditional sources of law with new neuro-scientific standards. Finally, I provide a definition of Cognitive Liberty (a new form of safeguard) able to be collected in a “Declaration of Human Neuro-rights”. Indeed, Cognitive Liberty may be used as a new conceptual tool, in order to protect personal human rights against reductive neuro-paradigms.

Neuroscience, Neurolaw, and Neurorights / Sommaggio, Paolo. - STAMPA. - 49:(2022), pp. 71-84. [10.1007/978-3-030-94032-4_7]

Neuroscience, Neurolaw, and Neurorights

Paolo Sommaggio
2022-01-01

Abstract

Neurosciences study the relations between the human brain and human behaviour. Recent developments of these sciences are granting us an increasing possibility to control, or influence, mental processes. In this chapter, I analyse how this possibility is becoming a concrete ability to control socially undesirable behaviour, which is the reason why I choose to investigate the relationship between Neurosciences and the Law. Firstly, with this in mind, I show the new role of the neuroscientists in Courts. Secondly, I analyse new neuro-paradigms in public debates about the structure of Society and the Law. Moreover, I study the so-called reductive neurolaw, which is the gradual replacement of traditional sources of law with new neuro-scientific standards. Finally, I provide a definition of Cognitive Liberty (a new form of safeguard) able to be collected in a “Declaration of Human Neuro-rights”. Indeed, Cognitive Liberty may be used as a new conceptual tool, in order to protect personal human rights against reductive neuro-paradigms.
Protecting the Mind Challenges in Law, Neuroprotection, and Neurorights
Heidleberg, Berlin
Springer Nature Switzerland AG. Part of Springer Nature.
978-3-030-94031-7
Sommaggio, Paolo
Neuroscience, Neurolaw, and Neurorights / Sommaggio, Paolo. - STAMPA. - 49:(2022), pp. 71-84. [10.1007/978-3-030-94032-4_7]
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11572/346221
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