Private Law and the Inner Self: Comparative Perspectives on the Governance of Neurotechnology

Talya Deibel, Senior Postdoctoral Researcher in the Law and the Inner Self Project, has published a paper entitled 'Private Law and the Inner Self: Comparative Perspectives on the Governance of Neurotechnology' in the Global Journal of Comparative Law.

Here is the abstract:

The main focus of this article is to demonstrate that the legal governance of disruptive technologies requires a nuanced, historically informed, and comparative approach to law. The article takes neurotechnology as its central case study and investigates how private law can reposition itself with respect to potential harm caused by the usage of neurotechnologies. It employs the concept of ‘the inner self’ to conceptualize damage to incorporeal personality interests and analyzes how such damage can be remedied through various instruments offered by comparative private legal theory and practice. The article illustrates how the governance of neurotechnologies demands judicial creativity and a dynamic conception of personality that can adapt to technological transformations while preserving the essential core of personhood.

The paper is available here: LINK