Document Type

Working Paper

Publication Date



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.

Library of Congress Subject Headings

Torts, Damages, Cognitive psychology, Biotechnology, Free will and determinism