The proof of physical pain in procedural law: a look from neuroscientific evidence

Authors

  • Hanssel Vega Universidad Nacional Mayor de San Marcos, Lima, Peru

DOI:

https://doi.org/10.15381/lucerna.n5.26684

Keywords:

pain, damage, neuroscience, neurotechnology, fMRI, bodily harm, physical pain, expert evidence

Abstract

A qualitative research, documentary and analytical in nature, is presented. It starts from the perspective that physical pain, when evaluated in terms of law (pain test), is evaluated and analyzed from a content of subjectivity; That is why it is intended to provide an approach on how to improve the efficiency of its evaluation (make it more objective) using other tools that go beyond the classic way in which expertise is established, in this case from the perspective of neurosciences, specifically with the use of neuroscientific (neurotechnological) tests that exist today. This is how the approach of law to the exact sciences is proposed, to propose new concepts or proposals that add to the legal system.

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Published

2023-12-30

Issue

Section

Articles

How to Cite

The proof of physical pain in procedural law: a look from neuroscientific evidence. (2023). Lucerna Iuris Et Investigatio, 1(5), 135-149. https://doi.org/10.15381/lucerna.n5.26684