SSRN Home Search and Download Papers Browse Abstract and Paper Submission Subscribe to Networks View Briefcase Top Papers Top Authors Top Institutions

 

Abstract

 
 

Citations (1)

Beta

 
 

Footnotes (153)

Beta

 


 


Download | Share | Email | Add to Briefcase | Buy Hard Copy

Pain Detection and the Privacy of Subjective Experience

Adam J. Kolber
University of San Diego School of Law; Brooklyn Law School



American Journal of Law & Medicine (Brain Imaging & The Law Symposium), Vol. 33, p. 433, 2007
San Diego Legal Studies Paper No. 07-92

Abstract:     
Pain is a fundamentally subjective experience. We have uniquely direct access to our own pain but can only make rough inferences about the pain of others. Nevertheless, such inferences are made all the time by doctors, insurers, judges, juries, and administrative agencies. Advances in brain imaging may someday improve our pain assessments by bolstering the claims of those genuinely experiencing pain while impugning the claims of those who are faking or exaggerating symptoms. These possibilities raise concerns about the privacy of our pain. I suggest that while the use of neuroimaging to detect pain implicates significant privacy concerns, our interests in keeping pain private are likely to be weaker than our interests in keeping private certain other subjective experiences that permit more intrusive inferences about our thoughts and character.

Keywords: Neuroimaging, Neuroethics, Pain, Subjective Experience, Privacy

Accepted Paper Series

Date posted: March 29, 2007 ; Last revised: December 13, 2007

Suggested Citation

Kolber, Adam J., Pain Detection and the Privacy of Subjective Experience. American Journal of Law & Medicine (Brain Imaging & The Law Symposium), Vol. 33, p. 433, 2007; San Diego Legal Studies Paper No. 07-92. Available at SSRN: http://ssrn.com/abstract=976831


Export to: Export Citation What's this?

Contact Information

Adam Jason Kolber (Contact Author)
University of San Diego School of Law ( email )
5998 Alcala Park
San Diego, CA 92110-2492
United States
Brooklyn Law School ( email )
250 Joralemon Street
Brooklyn, NY 11201
United States
Feedback to SSRN (Beta)


Paper statistics
Abstract Views: 1,749
Downloads: 246
Download Rank: 34,250
Citations: 1
Footnotes: 153

© 2009 Social Science Electronic Publishing, Inc. All Rights Reserved. Terms of Use  Privacy Policy
This page was served by apollo2 in 0.109 seconds.