Abstract

CACERES NIETO, Enrique  and  LOPEZ OLVERA, Carmen Patricia. Neurolaw as a new field of human rights protection. Cuest. Const. [online]. 2022, n.46, pp.65-92.  Epub Mar 03, 2022. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2022.46.17048.

The main objective of this paper is to shed light on the relationship between neurolaw and applied legal epistemology, as a new approach to the protection of human rights. An analytical study was carried to examine the relationship between neurolaw, at a prelegal and legal level. The neologism "forensic neuroepistemology" is proposed to denote the study of the role of neurosciences and neurotechnologies in the determination of truth in the law. Some cases from different countries are presented to show the real impact of neurotechnologies on judicial proceedings. The paper concludes with observations on the dilemmas that may arise between human rights by using neurotechnologies in the legal domain.

Keywords : human rights; neurosciences; neurolaw; forensic neuroepistemology; neuroscientific techniques and determination of truth; applied legal epistemology.

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