Freedom from the will, freedom from the law

[Guest guest]

Hi,

 

Interesting report on the "New Scientist"

 

Is there any "act" which is voluntary? (David Hodgson's concern, below)

 

Cheers

 

Sandeep

 

 

Freedom from the will,freedom from the law > > > > > > > > > > > > > > > > > > > > > > > > >

 

Alongside all the esoteric laboratory tinkering and airy philosophizing about hard problems, the study of consciousness has a practical side, too. For example, legal scholars are beginning to worry about whether neurobiology might blast away the foundations of Western legal systems and the concept of human rights. They have good reason to worry. Modern neurobiologists and neurophilosophers of consciousness such as Patricia Churchland at the University of San Diego deride voluntary choice, free will, and similar concepts as mere "folk psychology". Indeed, consciousness may have surprisingly little power to affect behaviour, according to some of the work now coming out of research labs. For example, neurobiologists have measured how long certain visual perceptions take to register in consciousness, says Jeffrey Gray, a neurobiologist at the Institute of Psychiatry in London. This time delay--about 200 milliseconds--means that a tennis star at Wimbledon must return a serve well before becoming conscious of the serve's approach. "Our everyday experience of having conscious experiences and acting because of them is in most cases an illusion," says Gray. "Consciousness comes too late to affect behaviour." But if that's true, then our cherished notion that we can make a voluntary, conscious choice to do good or evil goes straight out of the window. And with it goes the basis for our legal system, says David Hodgson of the Supreme Court of New South Wales, the lone lawyer to speak at the conference. Western legal tradition puts great stock in the concept of intent, says Hodgson. To be found guilty of a crime, a person must consciously choose to commit the illegal act. Those who are unaware of their actions or who are coerced by a power beyond their control are let off the hook. For some crimes, notably rape, the voluntary consent of the victim is also at issue. If conscious choice is just a myth, however, this standard vanishes. Neuroscientists need to consider whether they are ready to sweep all this away, says Hodgson. "What do they see as replacing the consent of the woman in determining whether an act of sexual intercourse is voluntary or rape?" he asks. "There's very good reason to continue to insist on the fundamental distinction between acts which are voluntary and acts which are not."