Bioethical Challenges of Regulating Neurorights in the Field of Neuroscience
摘要
This chapter explores the bioethical challenges inherent in regulating neurorights, a field emerging at the intersection of neuroscience and law. The chapter begins by establishing a foundational understanding of core legal and philosophical concepts, including the nature of law, the definition of “person,” and the distinction between rights and obligations. It then provides a comprehensive overview of the rapid advancements in neuroscience, tracing its historical development and the ongoing debate between materialist and dualistic views of the mind and brain. Building on this, the chapter defines ethics, bioethics, and the specialized field of neuroethics, which addresses the moral dilemmas arising from neuroscientific progress. This leads to the introduction of neurolaw and the central concept of “neurorights”—a proposed new legal framework designed to protect human dignity, mental privacy, personal identity, and free will from the potential misuse of neurotechnologies. The chapter examines international points, such as the five neurorights proposed by the NeuroRights Initiative, and discusses specific legislative efforts in Mexico. The conclusion emphasizes that the development of a robust regulatory framework for neurorights is a critical and necessary response to the profound societal and individual challenges posed by advancing neurotechnology.