Chapter 3 A public law model for cognitive-communication risk
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Legal contexts are marked by cognitive-communication features that make them particularly difficult to navigate, but the ethical concerns that these cognitive-communication burdens suggest are not easily described within the law's own conceptual framework. To clarify the risks associated with cognitive-communication burden, this chapter proposes a "public-law model" in which cognitive communication is represented as a population-level, systemic risk best approached in a proactive, preventative mindset. This chapter will outline the public-law model's premises and synthesize the scientific and legal data that support those premises in order to better anticipate and reduce ethical and legal risks associated with cognitive communication in legal contexts.

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