Problems about enforcement

The modern culture is constructed according to dualistic and holistic approaches. However, the neurosciences question the value or weight of a single personality greater than its recognition, especially through two concepts or discoveries: the existence of the so-called "extended" mind and the acknowledgement of the role of the so-called social intelligence, or even of the "social brain". This change certainly places the individual in a relationship with the world which is in some ways different from the past. The most important innovation of the nineteenth century was indeed constituted by the arrival of new studying methods applied to public law, borrowed from the scientific and above all sociological positivism and it was not instead, as it is often believed, constituted by the Liberal Constitutions. Within this tumultuous "progress" the neuroscientific discoveries are kind of a "Copernican Revolution" because they question the free will link that had created the illusion of a possible dialogue on equal terms among the human beings. The mere inclusion of the neuroscientific discoveries in the system in force is undoubtedly something important, but it could reveal itself as risky and from this perspective the author analyzes the legal capacity and the ability to act and he tries to establish a new theory rooted on the importance of the species.