PERSONA E SCELTE DI CONSUMO FRA CONOSCENZE NEUROSCIENTIFICHE E NUOVE FRONTIERE TECNOLOGICHE* PERSON AND CONSUMER CHOICES BETWEEN NEUROSCIENTIFIC KNOWLEDGE AND NEW TECHNOLOGICAL BORDERS

Neuroscientific studies place the jurist in front of unavoidable questions, which affect the conception of the subject of law as a rational agent and with it the very way of reading the law, unhinging its axiomatic foundation of rationality. Therefore, on the one hand, it is necessary to rethink the issue of information asymmetries in market relations and question the effectiveness of the information obligations as corrective to protect contractual freedom; on the other hand, investigating the use of neuroscientific knowledge in the development of pre-contractual information content and communication methods designed to surreptitiously guide the choices of recipients, with the consequent applicability of the prohibition of unfair commercial practices to neuromarketing techniques. At the same time, in a context in which market power and competitive dynamics appear to be strongly conditioned by the availability of big data, we cannot neglect to consider the emancipatory potential offered to the consum