Law in Contemporary Society

Blameless

-- By WendyCai - 15 Apr 2016

Survival. Insanity. Ambition. Ignorance. Biology.

These are all explanations for human behaviors. Based on a reason, we excuse behavior, we blame behavior, we sympathize, we criticize, we hope that we are different, and we hope that we are the same. There are multiple spectrums by which we judge people for their behaviors, depending on our moral stances, experiences, and empathy.

Survival

I feel myself wanting to excuse survival tactics. We all share the will to live. In extenuating circumstances, we hope our own selves would be strong enough to survive. The kind of desolation that allows survival to be a reason for behavior is one that most of us have never been through. Even in mainstream culture, the civil morals associated with our everyday lives are easily excused when it comes to slipping away for survival. Soldiers, for instance, kill or are killed. Killing becomes just a mechanism for living, eating too, is never for the taste when it comes to survival. The survivors don’t need blame, they survived.

Insanity

Insanity, though, meets with a response of pity. Poor soul, biologically inflicted with an inability to be normal. Genetically predisposed to be haunted by voices, thoughts, uncontrollable angst. But, we are not like these people, nor act as they do. Their actions are easily explainable; nature made a mistake. The insane ones don’t need blame, they need help.

Ambition

It’s easier to identify with ambition, but harder to sympathize. I understand the feeling. I know about the tight-knit ball that is waiting to explode and the unceasing itchiness when productivity is at a minimum. But ambition doesn’t feel like a good enough excuse. It’s not a good enough excuse for Ex-CEO Stewart Parnell, and it’s not a good enough excuse for Captain Shah (if some version of events are to be believed). We like success stories, but we don’t like success stories that involve stepping on other people for that success. Even though, isn’t that what success comes down to? Perhaps, we just don’t like salient callousness associated with ambition. So the ambitious ones can be blamed, they should know better.

Ignorance

I do not like tolerating ignorance. Ignorance suggests not knowing things that can easily be known. Ignorance connotes laziness. Ignorance hurts others. The ignorant ones can be blamed too, for we are better than they are, but they could easily become us.

Biology

Every action that we judge, however, is controlled by our brains. Our brain affects our personalities and behaviors.[1] Brain tumors resting on an amygdala can affect sexual appetite. Frontal lobes, when compromised, disinhibit people. An increase in dopamine-impersonators turn people into gamblers and alcoholics. The brain is the neurological basis for all of our preferences and actions. We are all born with our brains. Our brains are shaped by our environment growing up. If we made enough neural connections in our brain before a certain age, we get to have certain skillsets. If our cortisol levels are higher than average, we stress more often. If we have an above average amount of testosterone, we are more aggressive.

So how can we blame someone for their actions when it’s based so much on biological processes and mechanisms?

If we are able to distinguish between someone’s nature (their “soul”) and their situation that affects them, it seems we have decided they have some degree of free will that they can receive blame for if they commit a wrong. But, while we make exceptions for the extremes – the psychopaths and the mentally retarded, we don’t for everyone in between.

When we do make concessions, we do so because a person shouldn’t be blamed for being born a certain way and lacking certain mental capabilities. But, considering all actions stem from the brain and the brain is one thing that we are all simply born with and have little control over its development, is it possible to not make a concession for everyone?

A misstep in brain wiring will result in the condemnation of a person as a criminal. A extra bundle of hormones can change how aggressive someone is, how empathetic, how willing they are to fight to survive. Tom Dudley, for instance, with a little more oxytocin and a little less testosterone may not have been able to kill the boy.

Our Lives

I don’t meant to argue that we should uproot our entire criminal justice system because we cannot blame anyone for their actions. Nor do I mean to say that no one can be held accountable for their actions. But, I do mean to say that we should consider carefully our gut reactions and current laws regarding other people’s actions. If we don’t think about our own reasons behind our judgments and actions, we are living in a world where the only reason for how we behave may be tradition itself.

“It’s how it’s always been done” sounds a lot like ignorance to me, and I’m not willing to accept that so easily.

[1] Eagleman, D. (2011, August). The Brain on Trial - The Atlantic. Retrieved from http://www.theatlantic.com/magazine/archive/2011/07/the-brain-on-trial/308520/


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r1 - 15 Apr 2016 - 23:34:02 - WendyCai
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