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Critical Psychology and the Brain: Rethinking Free will in the Legal Context
1OP Jindal Global University, Sonipat, Haryana, India. sinchetan@gmail.com.
Integrative Psychological & Behavioral Science
|February 14, 2024
Summary
This study explores the debate on brain determinism versus free will in law. It suggests that while free will may be a
Area of Science:
- Critical Psychology
- Neuroscience
- Legal Studies
Background:
- The legal domain is increasingly influenced by neuroscience, prompting a re-evaluation of concepts like free will and determinism.
- Cultural and contextual factors shape the expression and understanding of free will, impacting its role in public and private life.
- Existing legal frameworks often treat free will as a conscious choice, distinct from philosophical notions of it being a 'necessary illusion'.
Purpose of the Study:
- To critically examine the debate surrounding brain determinism and free will within the legal context.
- To explore the sociocultural implications of neuroscience on the concept of legal responsibility.
- To analyze how the criminal justice system currently operationalizes the concept of free will.
Main Methods:
- Critical analysis of existing literature from psychology, neuroscience, and legal theory.
- Philosophical inquiry into the nature of free will and its societal implications.
- Examination of the intersection between neuroscientific findings and legal doctrines of responsibility.
Main Results:
- Neuroscience offers a more holistic, sociocultural understanding of responsibility, challenging simplistic deterministic views.
- Free will can be conceptualized as a 'necessary illusion' for moral and social functioning, yet the legal system treats it as conscious agency.
- Criminal acts are viewed as social phenomena, underscoring that the brain's function is inseparable from collective will and societal context.
Conclusions:
- The integration of neuroscience necessitates a nuanced understanding of free will in law, acknowledging both its illusory and practical aspects.
- Legal responsibility must consider the sociocultural context and collective will, moving beyond purely individualistic or deterministic models.
- Future legal frameworks may need to reconcile neuroscientific insights with societal needs for accountability and moral order.
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