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Rethinking Cognitive Enhancement$
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Ruud ter Meulen, Ahmed Mohammed, and Wayne Hall

Print publication date: 2017

Print ISBN-13: 9780198727392

Published to Oxford Scholarship Online: April 2017

DOI: 10.1093/acprof:oso/9780198727392.001.0001

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The legal aspects of cognitive enhancement

The legal aspects of cognitive enhancement

(p.250) Chapter 16 The legal aspects of cognitive enhancement
Rethinking Cognitive Enhancement

Imogen Goold

Oxford University Press

This chapter will examine a range of legal issues that have arisen as a result of the emergence of putative cognitive enhancement technologies and transcranial direct current stimulation devices. It provides an overview of the areas of challenge and some exploration of how the emergence of new technologies can have an impact on the law. It then presents some of the essential legal principles that may be relevant in the context of new cognitive enhancement technologies. It covers a broad range of areas of law, including how product liability rules might apply to the sale and supply of enhancement products; the potential impact of enhancement on the standard of care in negligence and whether there could be a “duty to enhance”; and the criminal law implications of enhancement, focusing on the mental element of crimes and issues of consent. Issues around human rights and privacy are also briefly touched upon.

Keywords:   law, legal, tort, negligence, product liability, duty, standard of care, criminal law, human rights

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