News
CCJHR Lunchtime Seminar: Dr Allan McCay (7/11/25)
The Centre for Criminal Justice and Human Rights is delighted to announce a lunchtime seminar featuring Dr Allan McCay from the University of Sydney. He will be presenting a paper titled "The piecemeal approach to neurotechnology, and human rights: Reflections from Australian sentencing law".
The lunchtime seminar will take place on Friday 7th November at 1pm-2pm in the Moot Court Room (AL1.52) at Aras na Laoi, UCC.
Abstract
This paper argues that the dominant neurorights discourse—with its focus on the desirability of novel rights such as cognitive liberty, or the adaptation of existing post-war human rights —sits awkwardly with legal systems lacking bills of rights or human rights acts. Using Australia as a case study, it introduces an alternative: the piecemeal approach to neurotechnology and human rights, which emphasises targeted reforms within specific areas of law. In a federation like Australia, where many jurisdictions lack human rights acts, responses to neurotechnological challenges may have to emerge through adjustments to ordinary legislation. This is illustrated through a criminal justice example - the example of sentencing in New South Wales, where human rights concerns relating to the possible use of neurotechnology may need to be addressed without recourse to rights-based instruments. The paper contends that this micro-level, sector-specific mode of legal thinking as exemplified earlier may have relevance for other jurisdictions.
Speaker Biography
Dr Allan McCay is Co-Director of the Sydney Institute of Criminology and an Academic Fellow at the University of Sydney's Law School. He coordinates the Legal Research units at the Sydney Law School, and lectures in Criminal Law. Allan trained as a solicitor in Scotland, practised as a commercial litigator in Hong Kong, and has also been admitted to practice in two Australian jurisdictions. Much of his work as focused on neuroscience, neurotechnology, and the criminal law. He is also interested in free will and punishment, ethical issues related to emerging neurotechnologies, and the future of legal work.
For more on this story contact:
Dr. Luke Noonan, Acting Director of the CCJHR at luke.noonan@ucc.ie