Law 5110 Study Guide - Quiz Guide: Baruch Spinoza, First Position, Incompatibilism
Document Summary
In 2000, a middle-aged virginia man began to collect child pornography and sexually molest his 8-year-old stepdaughter; benign tumor in the orbitofrontal area of his brain, in a region known to regulate sexual and social behavior. The tumor was removed, and he returned to normal. Brain activity preceded conscious awareness of a decision to move by a couple hundred milliseconds; unconscious brain processes are true initiator of volitional acts. My conscious choice may still be causative, but it has no (real) control over the unconscious factors causing the choice. See also later experiments, e. g. haynes, soon (2008). We accept the general coherence and legitimacy of current legal doctrines and practices- but allow doctrinal reform within the system, e. g. insanity defence, lie- detection via neuro-evidence, use of deep brain stimulation. Problem = how to translate science" into law": external relevance/challenge: Basic concepts and legitimacy of the system itself are challenged: free will, responsibility, sentencing.
