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Neurointerventions and the Law - Regulating Human Mental Capacity (Hardcover)
Loot Price: R1,974
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Neurointerventions and the Law - Regulating Human Mental Capacity (Hardcover)
Series: Oxford Series in Neuroscience, Law, and Philosophy
Expected to ship within 12 - 17 working days
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This volume makes a contribution to the field of neurolaw by
investigating issues raised by the development, use, and regulation
of neurointerventions. The broad range of topics covered in these
chapters reflects neurolaw's growing social import, and its rapid
expansion as an academic field of inquiry. Some authors investigate
the criminal justice system's use of neurointerventions to make
accused defendants fit for trial, to help reform convicted
offenders, or to make condemned inmates sane enough for execution,
while others interrogate the use, regulation, and social impact of
cognitive enhancement medications and devices. Issues raised by
neurointervention-based gay conversion "therapy", efficacy and
safety of specific neurointervention methods, legitimacy of their
use and regulation, and their implications for authenticity,
identity, and responsibility are among the other topics
investigated. Dwelling on neurointerventions also highlights tacit
assumptions about human nature that have important implications for
jurisprudence. For all we know, at present such things as people's
capacity to feel pain, their sexuality, and the dictates of their
conscience, are unalterable. But neurointerventions could
hypothetically turn such constants into variables. The increasing
malleability of human nature means that analytic jurisprudential
claims (true in virtue of meanings of jurisprudential concepts)
must be distinguished from synthetic jurisprudential claims
(contingent on what humans are actually like). Looking at the law
through the lens of neurointerventions thus also highlights the
growing need for a new distinction - between analytic jurisprudence
and synthetic jurisprudence - to tackle issues that increasingly
malleable humans will face when they encounter novel opportunities
and challenges.
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