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Personal Liability and Human Free Will in the Background of Emerging Neuroethical Issues: Some Remarks Arising from Recent Case Law up to 2013
Abstract
In this chapter, the authors analyse the issues connected to emerging neurotechnologies, in particular their effects on (legal) concepts like capacity, liability, testimony, and evidence, and also on fundamental constitutional rights and freedoms like the right to autonomy and the right not to be treated without consent (in the general framework of the principle of human dignity). Starting from preliminary remarks on the key concepts of neuroethics/technoethics, neurolaw/technolaw, the authors investigate how personal liability is changing in the framework of new scientific developments. The chapter underlines that neurolaw challenges some of the traditional legal institutions in the field of law (e.g., criminal law). From the point of view of ethics, the chapter concludes that neuroethics is not challenged by the data coming from the use of emerging neurotechnologies, but human self-perception is strongly affected by it.
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