Neuroscientific Objectification in Civil Evidence Law

The article discusses the problem of objectification in civil evidence law. Neuroscientific discoveries should be taken into account when objectifying legally relevant subjective facts and those subjective facts, through which we ascertain legally relevant (objective and subjective) facts. The first neuroscientific steps in objectifying pain, detecting lies and memory tracking have already been taken. The author outpoints certain limitations in the field of incorporation of neuroscientific discoveries in civil procedures. He is arguing that some neuroscientific discoveries are already suitable for evidentiary purposes and their number will increase. Further development will reduce neuroscientific problems and increase the reliability of its discoveries. Neuroscientific discoveries are probably going to become an important part in the objectification of subjective facts in civil procedures.

Keywords: neurolaw, civil law, neuroscience, evidential value, subjective facts,

»objectification of subjective«.