7th November 2011

Your Brain Knows a Lot More Than You Realize

The ability to remember motor acts like changing lanes is called procedural memory, and it is a type of implicit memory—meaning that your brain holds knowledge of something that your mind cannot explicitly access. Riding a bike, tying your shoes, typing on a keyboard, and steering your car into a parking space while speaking on your cell phone are examples of this. You execute these actions easily but without knowing the details of how you do it. You would be totally unable to describe the perfectly timed choreography with which your muscles contract and relax as you navigate around other people in a cafeteria while holding a tray, yet you have no trouble doing it. This is the gap between what your brain can do and what you can tap into consciously.

15th June 2011

The Brain on Trial

The choices we make are inseparably yoked to our neural circuitry, and therefore we have no meaningful way to tease the two apart. The more we learn, the more the seemingly simple concept of blameworthiness becomes complicated, and the more the foundations of our legal system are strained.

If I seem to be heading in an uncomfortable direction—toward letting criminals off the hook—please read on, because I’m going to show the logic of a new argument, piece by piece. The upshot is that we can build a legal system more deeply informed by science, in which we will continue to take criminals off the streets, but we will customize sentencing, leverage new opportunities for rehabilitation, and structure better incentives for good behavior. Discoveries in neuroscience suggest a new way forward for law and order—one that will lead to a more cost-effective, humane, and flexible system than the one we have today. When modern brain science is laid out clearly, it is difficult to justify how our legal system can continue to function without taking what we’ve learned into account.

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