The Punisher's Brain: The Evolution of Judge and JuryWhy do we punish, and why do we forgive? Are these learned behaviors, or is there something deeper going on? This book argues that there is indeed something deeper going on, and that our essential response to the killers, rapists, and other wrongdoers among us has been programmed into our brains by evolution. Using evidence and arguments from neuroscience and evolutionary psychology, Morris B. Hoffman traces the development of our innate drives to punish - and to forgive - throughout human history. He describes how, over time, these innate drives became codified into our present legal systems and how the responsibility and authority to punish and forgive was delegated to one person - the judge - or a subset of the group - the jury. Hoffman shows how these urges inform our most deeply held legal principles and how they might animate some legal reforms. |
Contents
The Most Original of Original Sins | 14 |
Detecting and Blaming | 54 |
Conscience and Guilt | 92 |
Retaliation and Revenge | 121 |
Are WeJudging or Retaliating? 137 5 ThirdParty Punishment Retribution | 150 |
Forgiveness and Its Signals | 188 |
Delegating Punishment | 217 |
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Common terms and phrases
amygdala animals apology attempt banishment behaviors blame and punishment blameworthy blaming instincts brains called cause Chapter cheat cheaters chimpanzees committed common law conscience and guilt convicted cooperation corporal costs courts crime cultural death decide decision defection defendant defendant’s delegated deterrence dissonance doctrines dollars dominant member emotional English especially evolution evolutionary evolved example fact feel felony felony-murder rule forgiveness Frans de Waal group members harm homicide human intent ishment judgment jurors jury killing kind least legal rule less ment mirror neurons Model Penal Code modern moral intuitions murder Nash equilibrium natural selection negligence neuroscience ofthe oxytocin Player primitive prison probation problem promises psychopaths Public Goods Game punishment instincts recidivism reckless recognize requires retaliation retribution revenge risk second-party punishment seems self-defense sentence serious social societies steal supra note theory third-party punishment three strikes laws tion trust ultimatum game urge verdicts victim wrong wrongdoer