Neurorights as Hohfeldian Privileges

Abstract This paper argues that calls for neurorights propose an overcomplicated approach. It does this through analysis of ‘rights’ using the influential framework provided by Wesley Hohfeld, whose analytic jurisprudence is still well regarded in its clarificatory approach to discussions rights. Having disentangled some unclarities talk about rights, proposes idea ‘novel human rights’ not appropriate what deemed worth protecting terms mental integrity and cognitive liberty. That best thought Hohfeld’s account ‘right’ as privilege . goes on argue privileges, legal protections are suited these cases. As such, they cannot be rights’. Instead, liberty accounted familiar established rational discursive norms. Mental evaluable norms, freedom constrained appraisals sense-making. Concerns how neurotechnologies might pose particular challenges protected careful use existing legislation data protection, novel it via risks manifested.