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Право в эпоху когнитивных войн: гарантии свободы мысли перед вызовом новых технологий манипулирования сознанием
Cognitive warfare — the notion introduced in public space in 2020 — is at the core of academic and political debates of recent times for the explanation of the current military and political conflicts. As opposed to more traditional kinetic wars the cognitive ones concentrate on human brain and the very capability of reality constructivism by using new technologies of mind control, perception and social behavior. This new type of war is characterized by totality of information manipulation, substitution of reliable knowledge by fiction (post-truth condition), the dissolution of borders between legal and illegal use of force, and criteria of their interpretation. Revolution in studies of the brain opened the way to a new interdisciplinary area — cognitive jurisprudence and neuro-law — but its methods and technologies have both positive and negative effect. This situation concerns cognitive grounds of law, the sense of traditional legal principles and norms interpretation, ethics and law relations, definitions and linguistics of judicial decisions. The author analyses new challenges to traditional mindsets in the areas of international, constitutional and criminal law, as well as the law of war and peace in order to find the solution of one problem — how to reestablish the authentic role of constitutional guarantees in front of technologies of cognitive-information manipulations. The center of gravity is put in the reconstruction of methods of cognitive jurisprudence and constructivism, the role of neuro-sciences and neuro-law in formation of human mind, brain-control and decision-making process. From that point of view the author rethinks the new areas of legal regulation, place and importance of strategic communications in the protection of state sovereignty, cognitive warfare and judicial process, debating the impact of big data, artificial intellect, brain screening and other new technologies of mind-making, cognitive framing and manipulations. He argues the importance of the definition of cognitive freedom as a new human right in international and constitutional law as well as in political practice.