Souled out of rights? - predicaments in protecting the human spirit in the age of neuromarketing

Abstract

Modern neurotechnologies are rapidly infringing on conventional notions of human dignity and they are challenging what it means to be human. This article is a survey analysis of the future of the digital age, reflecting primarily on the effects of neurotechnology that violate universal human rights to dignity, self-determination, and privacy. In particular, this article focuses on neuromarketing to critically assess potentially negative social ramifications of under-regulated neurotechnological application. Possible solutions are critically evaluated, including the human rights claim to the 'right to mental privacy' and the suggestion of a new human right based on spiritual jurisdiction, where the human psyche is a legal space in a substantive legal setting.

Keywords: Human dignity; Human rights; Human spirit; Legal theory; Mental privacy; Neuromarketing; Surveillance.