Mind and the Machine: “Towards a Neuro-ethical Law?”
As neurotechnologies increasingly operate at the intersection of artificial intelligence and cognitive science, they engage with the architecture of thought itself, raising the need for a renewed legal and ethical framework that matches the depth of their transformative potential. Co-written by Professors Juliette Sénéchal (University of Lille) and Sabine Bernheim-Desvaux (Université Paris-Panthéon-Assas), “Towards a Neuro-Ethical Law?” explores how emerging digital influence techniques interact with legal frameworks aimed at protecting human autonomy.
Neurotechnologies and AI: Why Europe needs a new Legal and Ethical framework?
Rooted in a series of interdisciplinary workshops involving researchers in law, computer science, neuroscience, sociology, psychology, economics and management, the book engages with a growing concern in European regulatory agendas: how to address cognitive influence within digital services while preserving freedom of thought, fairness, and integrity in an increasingly algorithmic environment?
The work proposes a legal framework that clarifies the conditions under which cognitive technologies should operate. By aligning legal reasoning with developments in neuroscience and digital design, it offers concrete paths to enhance transparency and reinforce individual autonomy.
Interdisciplinary research on Digital Influence and Cognitive Autonomy
Structured around a forward-looking and interdisciplinary methodology, the publication addresses three central phases aimed at understanding and regulating the cognitive impact of digital technologies within the European legal context:
- Understanding the neuro-psychosocial mechanisms behind digital influence and manipulation
- Mapping the regulatory framework applicable to digital practices of influence and manipulation
- Assessing the relevance of establishing a neuro-ethical legal framework
Building a responsible neurotechnological ecosystem in Europe
One of the main contributions of the book lies in proposing legal concepts that can align with scientific innovation without compromising fundamental rights. Instead of framing neurotechnologies as threats, the authors position them as powerful innovations that call for responsible, transparent, and rights-preserving governance.
As stated in the introductory remarks:
“These digital techniques are truly unique in that they are automated, personalized, scalable and inexpensive. Artificial intelligence, in particular, enables heightened personalization with a deeper understanding of the individual being manipulated and faster adaptation to their behavioral profile. [...] In this respect, consumer law appears particularly relevant as a field of observation, since the number of rules aimed at controlling the influence and manipulation of consumers in on the rise. ”
This quote illustrates the challenge of ensuring that users’ cognitive liberty is respected in the face of increasingly adaptive and invisible systems of digital influence. It also justifies the emergence of a legal framework rooted in neuroethics, capable of engaging with these realities at the cognitive level.
NeurotechEU and the future of Cognitive Regulation
"Towards a Neuro-Ethical Law?" resonates strongly with the mission of NeurotechEU: building an inclusive, ethical and legally sound neurotechnological ecosystem in Europe. It contributes to shaping the legal and ethical tools necessary for technological development that respects human dignity and autonomy.
Explore the full publication from IRJS Éditions to understand how European law is evolving to meet the neurotechnological challenge.
Learn more about the workshop "Understanding the neuro-psycho-social mechanisms of consumer influence and manipulation"
Disclaimer: Co-funded by the European Union. Views and opinions expressed are however those of the authors only and do not necessarily reflect those of the European Union or the European Education and Culture Executive Agency (EACEA). Neither the European Union nor the granting authority can be held responsible for them.