Investigating the impact of personality rights on neurolaw and resolving the conflict between them

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Mirshekari Abbas; Sabetghadam Fatemeh

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Journal Paper

Paper Information

Journal: PRIVATE LAW Year:2022 | Volume:19 | Issue:2 Page(s): 437-449

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Information Journal Paper

Title

Investigating the impact of personality rights on neurolaw and resolving the conflict between them

Author(s)

Mirshekari Abbas | Sabetghadam Fatemeh | Issue Writer Certificate

Keywords

Conflict resolution

Neurolaw

Neurotechnology

Personality Right

Abstract

Neurolaw, as an interdisciplinary knowledge between law and neuroscience, is considered a new Branch in legal science that examines the impact of the human brain on the legal phenomena resulting from his behavior. Unconditional use of this science in courts may violate three important examples of personal rights, the right to privacy, right to physical integrity and right to image. Now, the question is, if the public interest requires that the content of people's minds be analyzed, even though it violates their personality rights, which side should be taken: personality rights or public interest. In response to this question, although in principle, the public interest is preferred, but due to the lack of an explicit text in the possibility of limiting individual freedoms and the possibility of government abuse, the side of personality rights is preferred. In this research, using library resources and analytical-descriptive method, we try to study the impact of personality rights on neurolaw.

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