Page 39 - John Monaghan News Today : Breaking News, Live Updates & Top Stories | Vimarsana

deal with this question is that you actually get a fundamental disconnect between the two systems. so you mentioned that lack of emotional control or lack of ability to control your preferences might lead to insanity, but, in fact, in most jurisdictions as you know, that's not true. after hanky was acquitted under the american law institute test because he could not control his behavior, congress in most state jurisdictions changed the law, got rid of the lack of emotional test, the a.l.i. test and now in most jurisdictions, the nontest requires that you demonstrate that you can't di...

respond. that to me says, yes, there is. now what do we want to do about it? now that we understand that those of us in the audience or up here that like chocolate cake may not have control over it, how do we want to account for that if at all in the criminal justice system? to date, we haven't. in the future, we may wish to. >> i agree with that. i think that, first of all, the fact that everybody in the audience could control themselves raising their hands gives me some comfort as i walk out the door, but one of the problems with the disconnect that i was alluding to earlier betwee...

control over having the tumor in his brain. how do we take account for that in law? that's, i think, the interesting struggle that neuroscience presents us with, but it doesn't change the issue of free will. in fact, we have just as robust of evidence from neuroscience that supports this concept of action which is what we punish for in law to begin with. >> and, doctor, would you like to comment on that last? >> no. [laughter] >> i would like to raise an issue. theoretically, that may all be true. there is a problem in distinguishing and differentiating those who are compelled to act...

audience could control themselves raising their hands gives me some comfort as i walk out the door, but one of the problems with the disconnect that i was alluding to earlier between how science deals with this question and how lawyers deal with this question is that you actually get a fundamental disconnect between the two systems. so you mentioned that lack of emotional control or lack of ability to control your preferences might lead to insanity, but, in fact, in most jurisdictions as you know, that's not true. after hanky was acquitted under the american law institute test becaus...

all people who like chocolate cake left hand, don't like chocolate cake right hand. all right, hands down. how many people found it difficult to raise your hand by yourself? not very many. great, you made a choice. you thought about it. you decided and you acted. and my concept of what free will is the ability to act consistent with your preferences and desires. just that simple. now how many people here feel like you have control over whether or not you like chocolate cake? raise either hands. fewer, right. so there are two different things going on that we often conflate when we ta...