The most recent discoveries in neuroscience have an impact on the basic assumptions of criminal liability as they deal with the subjective aspects of human behaviour. The neurosciences are coming to new and revealing conclusions thanks to the development of “neurotechnologies,” which may prove to be of utility to the justice system but could also serve to commit crimes. This contribution sets out the main challenges for Criminal Law systems in the wake of advances in the neurosciences and the development of technologies applied to the study of the human brain. Some relevant questions about the epistemological and axiological status of criminal law in the era of neurotechnologies are addressed.

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Neurotechnologies, Human Rights and Criminal Law

  • Eduardo Demetrio Crespo,
  • Faustino García de la Torre García

摘要

The most recent discoveries in neuroscience have an impact on the basic assumptions of criminal liability as they deal with the subjective aspects of human behaviour. The neurosciences are coming to new and revealing conclusions thanks to the development of “neurotechnologies,” which may prove to be of utility to the justice system but could also serve to commit crimes. This contribution sets out the main challenges for Criminal Law systems in the wake of advances in the neurosciences and the development of technologies applied to the study of the human brain. Some relevant questions about the epistemological and axiological status of criminal law in the era of neurotechnologies are addressed.