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Cognitive Liberty, Mental Privacy, and International Law
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This book is the second volume of The Law and Ethics of Freedom of Thought. The first, published in 2021, explored conceptual questions regarding what a right to freedom of thought does or should protect, the history of that concept, and its implications in the twenty-first century. This volume looks more closely at the challenges raised for liberty and privacy of thought raised by emerging neurotechnologies. In doing so, it analyzes arguments for “cognitive liberty” and how courts defining and applying freedom of thought in international law might understand the right and give it effect. The book addresses key issues related to mental privacy and the challenge of protecting it when the contents of our minds become more objectively manifested through techniques such as neuroimaging. It also explores how questions about the privacy of thought relate to the challenge of more clearly defining the right to freedom of thought: What does the “thought” protected by that right mean more precisely, and does it enjoy a privileged, even absolute protection against the use by governments and private actors of new technologies of “brain reading”?
Chapters 1, 2 and 8 are available as Open Access under a Creative Commons Attribution 4.0 International License via link.springer.com
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Jan Christoph Bublitz is a legal scholar at the Faculty of Law at the University of Hamburg, Germany. He works on criminal law, legal theory, and human rights law, often with an interdisciplinary twist. The way the law conceptualizes and regulates the human mind is among his main research interests.
Marc Jonathan Blitz is Alan Joseph Bennett Professor of Law at Oklahoma City University, USA. His scholarship and teaching focus on how emerging technologies – such as cognitive enhancement, brain scanning technologies, and virtual and augmented reality – raise questions about freedom of speech, privacy, and other areas of American constitutional law.
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