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The issue with this is that in one way or another, all violent criminals have some sort of problem with their brain. They may not have a tumor or dementia, but

The issue with this is that in one way or another, all violent criminals have some sort of problem with their brain. They may not have a tumor or dementia, but something is wrong outside of their control. You are saying that no healthy human being would ever commit a violent crime -- that nothing involving incentives or circumstances could prompt someone to make a decision to be violent? It seems to believe this you have to assume that in most eras most humans had some problem with their brain.

kristofferR 15y ago
I do think the human brain is flawed in some ways. The human brain isn't perfect, even though we like to think so. The human brain has flaws that can't be controlled by its owner. We like to think that we're always in control of ourselves, but most of our actions are actually not pre-meditated. We are not ruled by logic as much as we think we are, instinct and emotions are way more powerful forces of actions in daily life. Many of us don't like to acknowledge it, but we're still animals. The vast majority of murders are, despite what the mass media wants you to think, not premeditated. Most of them are committed either by accident or by rage. Rage is determined by genetics and upbringing. Premeditated murders are considered "worse" than rage-induced murders, but then we're back at the issue - when you can commit premeditated murders something is wrong outside of your control. Our legal system is created under the assumption that we're Vulcans, but we're not. Logic is (unfortunately?) not as important to how we act like we think.
ugh 15y ago
You are your brain so I kind of have problems seeing the distinction in the first place. When a law says “Don’t publish a copy of the copyrighted music you own.” and you do publish a copy is there something wrong with your brain? There certainly is if you believe that a healthy brain should not publish copyrighted music given the existing incentives in society. Just think for a moment what would happen if we really were able and willing to change brains however we wanted to. Laws then become blueprints for changing brains which is kind of scary. Laws don’t have to orient themselves on what might be considered healthy brain behavior (but who gets to define that?), they can say whatever they want. It’s a pretty significant intrusion, but then again, so is locking someone up for a few decades. I’m actually quite a fan of not ever punishing. I think the goal of criminal law should be to reduce crime while still allowing as much freedom as possible. Imprisonment (or, even worse, the death penalty) seems like a very blunt instrument for that purpose. Changing the brain, however, comes with its own issues. Does society get to decide who we are? I’m not sure about that.

kristofferR 15y ago

I do think the human brain is flawed in some ways. The human brain isn't perfect, even though we like to think so. The human brain has flaws that can't be controlled by its owner. We like to think that we're always in control of ourselves, but most of our actions are actually not pre-meditated. We are not ruled by logic as much as we think we are, instinct and emotions are way more powerful forces of actions in daily life. Many of us don't like to acknowledge it, but we're still animals. The vast majority of murders are, despite what the mass media wants you to think, not premeditated. Most of them are committed either by accident or by rage. Rage is determined by genetics and upbringing. Premeditated murders are considered "worse" than rage-induced murders, but then we're back at the issue - when you can commit premeditated murders something is wrong outside of your control. Our legal system is created under the assumption that we're Vulcans, but we're not. Logic is (unfortunately?) not as important to how we act like we think.

ugh 15y ago

You are your brain so I kind of have problems seeing the distinction in the first place. When a law says “Don’t publish a copy of the copyrighted music you own.” and you do publish a copy is there something wrong with your brain? There certainly is if you believe that a healthy brain should not publish copyrighted music given the existing incentives in society. Just think for a moment what would happen if we really were able and willing to change brains however we wanted to. Laws then become blueprints for changing brains which is kind of scary. Laws don’t have to orient themselves on what might be considered healthy brain behavior (but who gets to define that?), they can say whatever they want. It’s a pretty significant intrusion, but then again, so is locking someone up for a few decades. I’m actually quite a fan of not ever punishing. I think the goal of criminal law should be to reduce crime while still allowing as much freedom as possible. Imprisonment (or, even worse, the death penalty) seems like a very blunt instrument for that purpose. Changing the brain, however, comes with its own issues. Does society get to decide who we are? I’m not sure about that.