A person who has reason and will can foresee the consequences of the attitudes and behaviors he exhibits and takes steps accordingly. The relationship between the human mind and behaviors can be called neuroscience; the relationship between the human brain and law can be called neurolaw. So what could be the legal consequences if the human mind is captured and directed? Computers and mobile phones can be hacked, but what about the human mind?
Criminal Liability
In law, fault means that the perpetrator can be blamed for the injustice he committed. Fault forms the basis of criminal liability. The legal basis of the ability to fault is that the perpetrator can understand what the action he has done means and act with this awareness. A person whose mind is under control also has no ability to fault. Therefore, it will be necessary to go to the criminal liability of the person who directs the mind, not the person whose mind is under control.
Law of Obligations
Fault has two aspects: objective and subjective. Objective fault; as the perpetrator deviates from the expected behavior of a 3rd person, subjective fault is directly related to the perpetrator being blamed. In this case, the irresponsibility of the person whose mind is controlled in cases of faulty liability comes to the fore.
Similarly, if the person under mental control has acted contrary to the obligation due to this control (such as falling into default), he/she cannot be expected to compensate for the damages arising from his/her act contrary to the obligation.
In Terms of Consumer Law
The control of our brains also poses certain dangers in terms of consumer preferences. For example, with guidance, the person may find himself/herself in a shopping trap when he/she has no need. Here, it is necessary to make a distinction as to whether the guidance is made by one of the parties to the contract or by a third party. It can be said that the sales contract formed with the guidance of the other party to the contract is not actually established at all. In the case of the guidance of a third party, it is important whether the seller knows about the guidance or not. If the seller does not know about the guidance and is not in a position to know, it is necessary to accept that the contract will be valid considering the market balance. However, the damages that occur will again be expected to be compensated by the person who directed.
Intellectual Property Law
In the ordinary course of life, thought is not protected under copyright law. However, when it comes to mind control, the protection of thought should also be in question. The biggest problem here is that the author can prove that the work really belongs to him/her. Although proof is difficult in such a case, since it seems possible to transfer thoughts to a flash drive or CD in the future, the mind recording to be made will have the quality of evidence in this sense.
Privacy of Private Life
Mind control undoubtedly has the potential to equalize the concept of private life. So much so that not only momentary thoughts but also memories can be seized due to mind control. This will make human life quite uncomfortable. It is certain that human relations will be negatively affected by this situation.
IN CONCLUSION; Although phenomena such as mind control and mind reading seem interesting at first glance, they require some precautions to be taken due to their consequences. Therefore, it is essential to carry out legal studies.
