France in the “neurolaw era”? Brain imaging in French civil litigation
Desmoulin-Canselier, Sonia
France in the “neurolaw era”? Brain imaging in French civil litigation - 2019.
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It is said that France entered a new “neurolaw” era, with the adoption of the July 7, 2011 bill which added to the civil code the first statement dedicated to judicial use of brain imaging. Some fear that such evidence may exert a “fascination effect.” By analyzing civil cases, this study provides empirical data and offers a starting point. Employing mixed quantitative and qualitative approaches, the author reviewed rulings from the Courts of Appeal and the Court of Cassation from January 1, 2007 to December 31, 2016 that mention MRI and brain scans. Results show an increase use of brain imaging in civil litigation, but also reveal that civil judges are usually cautious, gathering a range of evidence including brain imaging.
France in the “neurolaw era”? Brain imaging in French civil litigation - 2019.
35
It is said that France entered a new “neurolaw” era, with the adoption of the July 7, 2011 bill which added to the civil code the first statement dedicated to judicial use of brain imaging. Some fear that such evidence may exert a “fascination effect.” By analyzing civil cases, this study provides empirical data and offers a starting point. Employing mixed quantitative and qualitative approaches, the author reviewed rulings from the Courts of Appeal and the Court of Cassation from January 1, 2007 to December 31, 2016 that mention MRI and brain scans. Results show an increase use of brain imaging in civil litigation, but also reveal that civil judges are usually cautious, gathering a range of evidence including brain imaging.
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