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

Provides an overview of the history of freedom of thought and the role it has played in liberal democratic legal systems Asks whether there is a need for new laws to prevent governments from undermining individuals' mental freedom Includes three Open Access chapters

Autorentext

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.

Klappentext
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. 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.

Inhalt

On Cognitive Liberty.- Cognitive Liberty: A Brief History.- Thinking What We Want: A Moral Right to Acquire Control Over our Thoughts.- Privacy 6.0: Privacy as Mental Integrity.- Does the Privilege Against Self-Incrimination Guard Against a Distinct Kind of Mischief?.- Cognitive Liberty and Rights to (and Against) Cultural and Chemical Transformations of the Mind.- Mental Privacy as Part of the Human Right to Freedom of Thought?.- What is thought? Interpreting and Constructing Article 18 ICCPR in Light of the Vienna Convention.- What is Thought, or what Should it Be? Reply to Bublitz.- The Mind and the Law: A Contextualized Framework for Freedom of Thought under the European Convention on Human Rights.