This isn’t quite a draft yet – it’s a concept paper. You’ll see after the first 10 pages a good bit of text in brackets, which are primarily notes for me, but it’ll give you a sense of the content of those sections. I’d like to talk through the concept – the “duty” to mitigate emotional distress damages and how courts have struggled with it, as a foray into a broader dichotomy that I see in a number of areas of law that suggest an implicit value in “cognitive liberty.” This is a smaller version of a broader book project “On Cognitive Liberty” that I’m writing, but I’d like to talk through how I might structure this as a standalone article. Forgive its brevity and incompleteness, but it’s a great time for me to workshop the concept with you.
Nita A. Farahany, The Costs of Changing Our Minds (June 8, 2014)
Library of Congress Subject Headings
Torts, Damages, Cognitive psychology, Biotechnology, Free will and determinism