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Legal and Ethical Dilemmas In The Interdisciplinary Field of Neuroscience and Law (neurolaw)

Denis Magyar
University of Maribor
Slovenia

The use of neuroscientific discoveries increases the reliability in ascertaining legally relevant subjective facts in evidence law. However, the legal order is not (yet) completely prepared for the use of neuroscientific discoveries in evidence law, since the interdisciplinary field of neuroscience and evidence law (neurolaw) is relatively new. Therefore, it is not surprising that legal rules do not (directly) regulate the use of neuroscientific discoveries in evidence law. The use of neuroscientific discoveries can lead to violations of human rights and fundamental freedoms. The main legal limitation when using neuroscientific discoveries in evidence law is the constitutional provision that ensures the inviolability of human physical and mental integrity, his privacy and personal rights (Article 35 of the Constitution). The above-mentioned constitutional provision protects cognitive freedom and mental privacy. Therefore, the use of neuroscientific evidence is permissible only with consent (volenti non fit iniuria), which eliminates the unlawfulness of interference with human rights and fundamental freedoms. Until the use of neuroscientific discoveries in evidence will not be regulated either at legislative level or in case law, their use will be justified on the principle of free assessment of evidence and principle of material truth.

 

 


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