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Neurointerventions and the LawRegulating Human Mental Capacity$
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Nicole A Vincent, Thomas Nadelhoffer, and Allan McCay

Print publication date: 2020

Print ISBN-13: 9780190651145

Published to Oxford Scholarship Online: June 2020

DOI: 10.1093/oso/9780190651145.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 26 February 2021

Neurointerventions and Business Law

Neurointerventions and Business Law

On the Legal and Moral Issues of Neurotechnology in Business and How They Differ From the Criminal Law Context

(p.406) 17 Neurointerventions and Business Law
Neurointerventions and the Law

Patrick D. Hopkins

Harvey L. Fiser

Oxford University Press

Neurointerventions of various sorts open up options that law can have a hard time dealing with. While the effects of neurotechnology on criminal law have been extensively investigated, the effects on business law are just as important. New and potential technology could allow for more powerful methods of job candidate screening, monitoring, and performance improvement than the conventional methods of interviewing, training, motivational programs, and free caffeine dosing in the staff break room. This chapter examines the legal, social, and moral issues involved in workplace neurointerventions, showing how different the business law context is from the criminal law context, how a different set of rules and expectations govern employment relationships, and how both employers and employees could be motivated to use neurointerventions, and we describe a basic set of different policy options for how to regulate such technology that vary according to what social values are maximized.

Keywords:   neurotechnology, business law, screening, monitoring, job performance, workplace regulations

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