Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 480-495 |
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Petoft A. Loss of Free Will Causes; Interdisciplinary Analysis of Law and Cognitive Neuroscience. MLJ 2022; 16 (57) :480-495
URL: http://ijmedicallaw.ir/article-1-1384-en.html
URL: http://ijmedicallaw.ir/article-1-1384-en.html
Department of Neurolaw, Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran
Abstract:
Background and Aim: Nowadays, with the development of neuroscience and the discovery of new secrets from the brain, the humanities, including law, have made significant strides with the help of new findings. One of the significant applications of neuroscience in modern criminal law is the explanation of the neurological dimensions of human free will, which in addition to creating a profound and comprehensive approach to the definition of this important element of criminal responsibility, could be fruitful in diagnosing the diseases of free will. To this end, the present study is an attempt to find the most accurate answer to the question of what are the causes of free will disease in the context of neurolaw and how can they be achieved through brain study? This study is very important because it takes an effective step towards the development of law and criminal justice.
Method: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: In the present study, we found that the causes of loss of free will can be divided into four general categories in the context of neurolaw: "Lack of mental health", "external deterministic factors", "unconsciousness" and "error".
Conclusion: In this study, it was generally found that the effect of mental disorder, coercion, emergency, drunkenness, sleepwalking and error on the will of the individual in certain ways using EEG, qEEG and fMRI techniques can be assessed, but each with limitations.
Please cite this article as:
Petoft A. Loss of Free Will Causes; Interdisciplinary Analysis of Law and Cognitive Neuroscience. Medical Law Journal. 2022; 16(57): e37.
Method: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: In the present study, we found that the causes of loss of free will can be divided into four general categories in the context of neurolaw: "Lack of mental health", "external deterministic factors", "unconsciousness" and "error".
Conclusion: In this study, it was generally found that the effect of mental disorder, coercion, emergency, drunkenness, sleepwalking and error on the will of the individual in certain ways using EEG, qEEG and fMRI techniques can be assessed, but each with limitations.
Please cite this article as:
Petoft A. Loss of Free Will Causes; Interdisciplinary Analysis of Law and Cognitive Neuroscience. Medical Law Journal. 2022; 16(57): e37.
Keywords: Neurolaw, Loss of Free Will, Lack of Mental Health, Deterministic Factors, Unconsciousness, Error
Type of Study: Original Article |
Received: 2021/08/1 | Accepted: 2021/11/2
Received: 2021/08/1 | Accepted: 2021/11/2
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