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The chapter addresses current neuroscientific theories of morality and in particular of human rights. A central paradigm of research is the trolley problems. It has been held that fMRI studies have shown that deontological morality is devoid of cognitive content and emotional. From this point of view, systems of ethics are post-hoc rationalizations of these emotional mechanisms. Therefore, answers to central normative questions in a society must be based on utilitarian principles. The background of these theories is the dual-process model of the mind. Behavioral economics has provided many interesting empirical studies about moral cognition that are the basis for the economic analysis of law, including the analysis of human rights. These theories are critically assessed regarding their paradigms, methods used and theoretical interpretations. In particular, it is important to engage in a differentiated analysis of the structure and content of moral judgment. The interpretation of data is dependent on an analytical account of the problem studied – for instance, the trolley problems. As a result, it is argued, there are no compelling reasons to abandon deontological moral reasoning.
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