Special Issue Article
The Neuroethics and Neurolaw of Brain Injury
Article first published online: 4 OCT 2013
Copyright © 2013 John Wiley & Sons, Ltd.
Behavioral Sciences & the Law
Special Issue: Traumatic Brain Injury
Volume 31, Issue 6, pages 789–802, November/December 2013
How to Cite
Aggarwal, N. K. and Ford, E. (2013), The Neuroethics and Neurolaw of Brain Injury. Behav. Sci. Law, 31: 789–802. doi: 10.1002/bsl.2086
- Issue published online: 3 DEC 2013
- Article first published online: 4 OCT 2013
- Manuscript Accepted: 30 JUL 2013
- Manuscript Revised: 18 JUL 2013
- Manuscript Received: 8 APR 2013
Neuroethics and neurolaw are fields of study that involve the interface of neuroscience with clinical and legal decision-making. The past two decades have seen increasing attention being paid to both fields, in large part because of the advances in neuroimaging techniques and improved ability to visualize and measure brain structure and function. Traumatic brain injury (TBI), along with its acute and chronic sequelae, has emerged as a focus of neuroethical issues, such as informed consent for treatment and research, diagnostic and prognostic uncertainties, and the subjectivity of interpretation of data. The law has also more frequently considered TBI in criminal settings for exculpation, mitigation and sentencing purposes and in tort and administrative law for personal injury, disability and worker's compensation cases. This article provides an overview of these topics with an emphasis on the current challenges that the neuroscience of TBI faces in the medicolegal arena. Copyright © 2013 John Wiley & Sons, Ltd.