Editorial: Law and neuroscience: justice as a challenge for neurorights, neurolaw, and forensic psychology
Year: 2025
Type: editorial
Abstract: Since the introduction of the term "neurorights" by Ienca and Andorno (2017) and Yuste et al. (2017), there has been a significant increase in academic interest around this concept. The notion of "neurorights" (Ienca, 2021) emerges from translational knowledge involving various fields, including Law, Philosophy, and Neuroscience. However, this interdisciplinary dialogue faces inherent difficulties due to variations in terminology and methodologies across disciplines.One prominent example is the concept of "free will," traditionally associated with philosophical and legal debates. Neuroscience research, notably by Libet et al. (1983) andGruart &Delgado-García (2023), has experimentally explored the neural foundations of voluntary action, raising questions about the very existence of free will (Libet, 1985). Nevertheless, from cognitive and behavioral perspectives, free will encompasses more than motor actions; it involves cognitive processes essential in Psychology (Baumeister, 2008;Racine, 2017), Forensic Psychiatry, and Psychology (Morse, 2007;Meynen, 2009;Schleim, 2012).Recent advancements in neuroimaging have substantially impacted on our understanding of criminal responsibility (Glannon, 2014;Vitacco & Coleman, 2024), specifically regarding legal concepts such as culpability and dangerousness. These developments pose significant challenges for Forensic Psychology and Psychiatry, raising questions such as: How do these neuroscientific insights reshape our understanding of mental disorders and their forensic implications (Morse, 2015;Meynen, 2013Meynen, , 2015))? How will violence risk assessments evolve (Haarsma et al., 2020)? How might these insights influence victimological studies, such as assessments of torture or gender-based violence (García-López, 2024)? Do criminological models of decision-making in psychiatric contexts require reevaluation (Levander & Levander, 2024)? Furthermore, neurorights are increasingly relevant due to advancements in Neurotechnology and Artificial Intelligence, raising critical human rights concerns addressed by international organizations and government agendas worldwide (UNESCO, 2023;Andorno, 2023). Commercial applications, such as those pursued by companies like Neuralink, necessitate clear regulatory frameworks to mitigate associated risks and ethical dilemmas (Pérez-Manzano, 2023;González-Tapia, 2023). Various international bodies have initiated protective measures, exemplified by the Inter-American Declaration of Principles on Neuroscience, Neurotechnologies, and Human Rights (2023), Mexico's proposed General Law on Neurorights (Herrera-Ferrá et al., 2025), and Chile's constitutional reforms (Muñoz, 2019;McCay, 2024), despite ongoing debates (Bublitz, 2023;Ruiz et al., 2024).We propose emphasizing two key research areas: 1) personal identity concerning cognitive freedom and mental privacy, both as a basis for assigning criminal responsibility and as a fundamental right requiring protection; and 2) forensic implications of neurotechnological advancements in assessing criminal behavior, particularly regarding tools for evaluating risks of violence and recidivism. These topics should be examined through neuroscientific, empirical, methodological, and interdisciplinary perspectives. Increasingly, criminal justice integrates predictive neurocognitive assessments and machine-learning algorithms, significantly influencing real-world forensic and judicial decision-making processes (Miró & Castro, 2022). This Research Topic brings together 18 rigorously developed scientific articles addressing critical issues, including neurotechnology's role in memory neuromodulation (González-Márquez, 2023), evaluation of false memories (Pérez-Mata & Diges, 2024), and potential mind-reading technologies (Andorno & Lavazza, 2023). Other central topics include neuroscientific analyses of criminal behavior (Lee, 2023), virtual emotions (González-Tapia, 2023), and evidence-based sentencing (Martínez-Garay, 2023). The collection features original research on juvenile justice systems (Patiz & Bayraktar, 2023), sentencing in dangerous driving offenses (Liu et al., 2023), ethical considerations in integrating computer perception with neurotechnology (Hurley et al., 2024), cognitive strategies in child custody decisions (de Alcântara Mendes & Ormerod, 2024), selfcontrol in criminology (Levander & Levander, 2024), and bias differences in judicial simulations involving avatars versus humans (Frumkin et al., 2025).In summary, this compilation underscores the necessity of interdisciplinary collaboration among Neuroscience, Law, and Forensic Psychology to address the profound challenges neurotechnological advancements pose for justice systems and the broader notion of justice itself.AUTHOR CONTRIBUTIONS All authors have substantially contributed to and approved the final manuscript.
Source: Frontiers in Psychology
Language: English
Topic: Free Will and Agency
Subfield: Philosophy
Field: Arts and Humanities
Domain: Social Sciences
Open Access status: gold
Estimated APC paid: $3,801
OpenAlex ID: W4410695548