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Welcome to the homepage of the CLEMENTEA Project!

CLEMENTEA (Consumer Law, Mental Health & Attention Economy) is a research project which received funding under the OPUS 23 competition organized by the National Science Centre (Narodowe Centrum Nauki), project no. 2022/45/B/HS5/01419. The Project is being realized at the Chair of Philosophy of Law and Legal Ethics, Faculty of Law and Administration, at the Jagiellonian University in Krakow, Poland. The Project's team is led by dr. Przemysław Pałka

The scientific goal of the CLEMENTEA project is to formulate a theory explaining the consumer law's role in the emergence, governance, and the (potential) regulation of the attention economy. CLEMENTEA will contribute to legal scholarship by building upon and going beyond the frontier of research within two communities of discourse: law & technology and private law. Drawing lessons from other disciplines, including marketing and psychology, CLEMENTEA will produce four innovative research outcomes:

  1. A theory of "mental harms" incorporating into legal scholarship the findings of marketing and psychology, exploring the inner workings of the attention economy and the specific negative impacts it presents to consumers' mental health (enriching legal scholarship with empirical data generated in other disciplines).
  2. An account explaining how the normative commitments of consumer law unintendedly contributed to the emergence of mental harms in the attention economy, exposing the law's implicit assumptions about the ways in which consumers' minds function (advancing the law's critical self-understanding).
  3. A novel legal ontology and conceptualization of various kinds of relations, subjects, objects, and harms, enabling legal scholars and policymakers to understand the intersection of law and the attention economy better (increasing the legal scholarship's explanatory power).
  4. A regulatory playbook surveying the possible pathways for legal reform, accompanied by the normative evaluation of these possibilities under consequentialist, deontological, and eudemonic theories, useful for the academics, the policymakers, and the civil society (increasing the law's regulatory power).

The CLEMENTEA project will undertake these innovative research tasks in intellectual dialogue with world-class experts from the United States, Europe, and beyond. It will generate excellent academic publications influencing the global legal scholarship. Further, CLEMENTEA will equip the policymakers and the civil society with tools helpful in responding to two pressing socioeconomic problems which, as the project hypothesis posits, are linked: the digitalization of the socioeconomic life (Cohen, 2019) and the growing mental health crisis (Talevi et al., 2020).

Consequently, CLEMENTEA's outputs will be significant for both the scholarship and for society.

The Project's activities are organized around four specific research questions:

What harms do consumers suffer while interacting with services designed explicitly to harvest their data and attention and while being exposed to a constant stream of marketing communications? Assuming that consumers’ privacy never gets breached (no unwanted disclosure happens), they never fall victim to manipulation (never click on an ad, and their purchasing behavior is not affected), and are not discriminated against, are there still any harms present?

What is the consumer law’s position (conceptual and normative, both explicit and implicit) regarding the mental health impacts of various aspects of socioeconomic life? What is the content of the relevant rules (in statutory and case law); what are the philosophical assumptions driving the law’s current shape; and what omissions can be detected, regarding what harms is the private law silent?

How could one reconceptualize the consumer law’s assumptions, categories, and rules to increase its explanatory and regulatory power regarding the mental-health-related impacts of commerce in the attention economy?

In what ways could consumer law react to the presence of mental harms in the attention economy; what regulatory tools and strategies are available? In what ways should consumer law respond to the emergence of the attention economy, from the point of view of various normative theories, both internal and external to consumer law?

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Results of the CLEMENTEA project will be presented primarily through academic articles and book chapters. In addition, they will be popularized through other venues, including this website.