Controversial Brain Imaging as a Terrorism Emergency Measure in Neurolaw Discourse

Authors:

Petoft A¹*, Ahmadvand B², Afshari F³ and Hoshyaran Jelodar H⁴

DOI: 10.23880/nnoaj-16000118

Volume 2, Issue 2

Abstract

There have been great developments in the fields of Neuroscience, which proved to be an immediate and powerful catalyst to understand how the nervous system works and also exerts influence upon neurolaw. By working on brain, neurolaw-scientists try to understand human behaviors. Government in terrorism, as an instance of the state of emergency, occasionally relies on neuroscience achievements through brain imaging of suspects for terrorist, to get access to their intentions, minds, background thoughts and last or possible future behaviors. Governments justified this neuroscientific technological measure, which causes deprivation from right to cognitive liberty, under the pretext of public security. On the basis of emergency theory, scholars argue that Government can deviate from its human rights obligations towards individuals in emergency, in order to bring about derogation from rights. In this paper main experimental neurological achievements have been investigated and their effects in law have been significantly analyzed. Drawing from human rights and emergency theory in the area of neurolaw, as a new born interdisciplinary study field, this paper sheds light of inquiry upon brain imaging as justified terrorism emergency measures.

Keywords:

Brain scanning; Neurolaw; Neuroscience; Derogation from right; Emergency theory; Right to privacy; Right to cognitive liberty

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