Tuesday, March 15, 2005
Legally Human
Researchers from Yale and Vanderbilt Universities argue that biologists and neuroscientists should be involved in drafting new laws. "Laws and public policy will often miss their mark until they incorporate an understanding of why, biologically, humans behave as they do," they said
Vanderbilt law professor and biologist Owen Jones said that "the legal system tends to assume that either people are purely rational actors or that their brains are blank slates on which culture and only culture is written. The reality is much more complicated and can only be appreciated with a deeper understanding of behavioral biology."
Writing in a paper published in the current issue of the Columbia Law Review, the researchers said that "legislators and legal scholars have traditionally relied heavily on the social sciences, such as economics, psychology and political science, often responding to the popular or political trends of their time. They have rarely looked to incorporate the latest findings from fields such as biology, neuroscience and cognitive psychology, which...have shed brand new light on how the human brain is structured and how it influences behavior."
Vanderbilt law professor and biologist Owen Jones said that "the legal system tends to assume that either people are purely rational actors or that their brains are blank slates on which culture and only culture is written. The reality is much more complicated and can only be appreciated with a deeper understanding of behavioral biology."
Writing in a paper published in the current issue of the Columbia Law Review, the researchers said that "legislators and legal scholars have traditionally relied heavily on the social sciences, such as economics, psychology and political science, often responding to the popular or political trends of their time. They have rarely looked to incorporate the latest findings from fields such as biology, neuroscience and cognitive psychology, which...have shed brand new light on how the human brain is structured and how it influences behavior."
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To try to incorporate biology, neuroscience and cognitive psychology, into legislation would bring the process to a screeching halt. The legal system allows for the introduction of these experts with thier findings and opinions when necessary to help determine cause, effect, ultimate punishment and/or financial restitution. It might better serve the general population if the scientists were part of the lawmaker selection process instead; but, it will never happen; so just continue to let these researchers get the most out of their findings through the marketing and advertising industries.
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