Work

Making the Invisible Visible: The Effects of Neuroscience on Mental Injury Claims

Year: 2018
Type: dissertation
Abstract: As neuroscience knowledge progresses, a biological understanding of learning, memory, behaviour, perception, and consciousness can be ascertained. As a result, neuroscience coupled with advancing neurotechnologies give novel insights into issues of the mind and its impact on various aspects of legal thinking. This thesis will argue that neuroscience will fundamentally change how injuries in tort law are perceived, using examples of concussions-related and brain injury litigation. This is possible because the progress made on neuroimaging of concussions and brain injuries will blur the line between physical injuries, and emotional and invisible injuries, thereby making the latter “visible” in the eyes of the law. Issues of proof of harm and causation can be more readily recognized and this new neuroscientific evidence will change how future concussion cases, and more broadly mental injury cases, are dealt with in the future.
Author: Justin Ng
Language: English
Subfield: Philosophy
Open Access status: green
OpenAlex ID: W2900931880
Cites: 46
Cited by:
Related to: 10