Commodifying Genius: Van Gogh, Sublimation, and the Legal Protection of Neurodivergent Creativity

This Article examines the systemic legal failure to protect neurodivergent creators whose cognitive traits—such as high neuroticism, pattern recognition, and emotional intensity—generate substantial cultural and economic value but render them psychologically vulnerable. Using Vincent van Gogh as an archetypal case, the Article argues that commercial and intellectual property (IP) law commodifies creative outputs while neglecting the psychosocial conditions that produce them. Drawing from psychoanalytic theory, empirical data from the Health and Retirement Study (HRS), and neuro-affirmative research, the authors demonstrate that sublimated emotional labor is both measurable and market-generating—yet invisible in law. The Article introduces the concept of “sublimated labor” and proposes doctrinal reforms to recognize this labor within IP, fiduciary, and contract frameworks. It further explores how spiritual practices like A Course in Miracles (ACIM) and Buddhism act as informal governance systems for neurodivergent creators operating without institutional support. The proposed “Van Gogh’s Law” advocates a normative shift: from protecting property to protecting the person—affirming that safeguarding genius requires more than posthumous celebration; it demands living legal stewardship.