In Quest of Constitutional Principles of "Neurolaw"

Federico Gustavo Pizzetti

Abstract


The growing use of brain imaging technology and the developing of cognitive neuroscience pose unaccustomed challenges to legal systems.
Until now, the fields of Law much affected are the civil and criminal law and procedure, but the constitutional dimension of neurolaw cannot be easily underestimated. As the capacity to investigate and to trace brain mechanisms and functional neural activities increases, it becomes urgent the recognition and definition of the unalienable rights and fundamental values in respect of this new technoscientific power, that must be protected and safeguard at constitutional level of norms such as: human dignity, personal identity, authenticity and the pursuit of individual happiness.
As the same as for the law regulating research and experimentation on human genome adopted in the past years, one may also argue if the above mentioned fundamental principles of neurolaw must be fixed and disciplined also at European and International level.


Key words: Cognitive Neuroscience Functional Magnetic Resounance Imaging and other neurotechnologies Bioethics Neurolaw Human rights Constitutional principles International and European protection of
fundamental rights


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