CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Friday, May 22, 2015

Kolber on The Limited Right to Alter Memory

KolberAdam J. Kolber (Brooklyn Law School) has posted The Limited Right to Alter Memory (Journal of Medical Ethics, vol. 40, p. 658 (2014)) on SSRN. Here is the abstract:

We like to think we own our memories: if technology someday enables us to alter our memories, we should have certain rights to do so. But our freedom of memory has limits. Some memories are simply too valuable to society to allow individuals the unfettered right to change them. Suppose a patient regains consciousness in the middle of surgery. While traumatized by the experience and incapable of speaking, he coincidentally overhears two surgeons make plans to set fire to the hospital. Assuming there is no way to erase his traumatic memories of intraoperative awareness and still prosecute the surgeons, a patient may well have a moral duty to retain the memories for the greater good. And if the patient has such a moral duty, I argue in this brief comment, then the state plausibly has the right to limit our abilities to erase memories when necessary to protect public safety or prosecute offenders.

| Permalink


the state should have no right to alter our bill of rights

Posted by: phil adonizio | May 22, 2015 5:59:06 PM

Post a comment