{"title":"批判心理学与大脑：从法律角度反思自由意志。","authors":"Chetan Sinha","doi":"10.1007/s12124-024-09827-x","DOIUrl":null,"url":null,"abstract":"<p><p>The article draws from critical psychology to discuss the rising debate on brain determinism and free will in the legal domain. As free will also corresponds to the context and culture, it can have both the public and private space of expressions. The rise of neuroscience and its influence in the legal domain offers a holistic and sociocultural meaning of responsibility. Even one becomes entitled to take free will as a 'necessary illusion' in order to be in the zone of 'moral as well as legal-social life forming activities'. In the criminal justice system free will is not taken as any kind of 'necessary illusion' but the conscious will and action of the person. This further throw light on how the wilful control of any criminal act is a social act and our brain is not separate from our collective will.</p>","PeriodicalId":50356,"journal":{"name":"Integrative Psychological and Behavioral Science","volume":" ","pages":"1751-1768"},"PeriodicalIF":1.1000,"publicationDate":"2024-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Critical Psychology and the Brain: Rethinking Free will in the Legal Context.\",\"authors\":\"Chetan Sinha\",\"doi\":\"10.1007/s12124-024-09827-x\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p><p>The article draws from critical psychology to discuss the rising debate on brain determinism and free will in the legal domain. As free will also corresponds to the context and culture, it can have both the public and private space of expressions. The rise of neuroscience and its influence in the legal domain offers a holistic and sociocultural meaning of responsibility. Even one becomes entitled to take free will as a 'necessary illusion' in order to be in the zone of 'moral as well as legal-social life forming activities'. In the criminal justice system free will is not taken as any kind of 'necessary illusion' but the conscious will and action of the person. This further throw light on how the wilful control of any criminal act is a social act and our brain is not separate from our collective will.</p>\",\"PeriodicalId\":50356,\"journal\":{\"name\":\"Integrative Psychological and Behavioral Science\",\"volume\":\" \",\"pages\":\"1751-1768\"},\"PeriodicalIF\":1.1000,\"publicationDate\":\"2024-12-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Integrative Psychological and Behavioral Science\",\"FirstCategoryId\":\"102\",\"ListUrlMain\":\"https://doi.org/10.1007/s12124-024-09827-x\",\"RegionNum\":4,\"RegionCategory\":\"心理学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"2024/2/14 0:00:00\",\"PubModel\":\"Epub\",\"JCR\":\"Q4\",\"JCRName\":\"PSYCHOLOGY, BIOLOGICAL\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Integrative Psychological and Behavioral Science","FirstCategoryId":"102","ListUrlMain":"https://doi.org/10.1007/s12124-024-09827-x","RegionNum":4,"RegionCategory":"心理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"2024/2/14 0:00:00","PubModel":"Epub","JCR":"Q4","JCRName":"PSYCHOLOGY, BIOLOGICAL","Score":null,"Total":0}
Critical Psychology and the Brain: Rethinking Free will in the Legal Context.
The article draws from critical psychology to discuss the rising debate on brain determinism and free will in the legal domain. As free will also corresponds to the context and culture, it can have both the public and private space of expressions. The rise of neuroscience and its influence in the legal domain offers a holistic and sociocultural meaning of responsibility. Even one becomes entitled to take free will as a 'necessary illusion' in order to be in the zone of 'moral as well as legal-social life forming activities'. In the criminal justice system free will is not taken as any kind of 'necessary illusion' but the conscious will and action of the person. This further throw light on how the wilful control of any criminal act is a social act and our brain is not separate from our collective will.
期刊介绍：
IPBS: Integrative Psychological & Behavioral Science is an international interdisciplinary journal dedicated to the advancement of basic knowledge in the social and behavioral sciences. IPBS covers such topics as cultural nature of human conduct and its evolutionary history, anthropology, ethology, communication processes between people, and within-- as well as between-- societies. A special focus will be given to integration of perspectives of the social and biological sciences through theoretical models of epigenesis. It contains articles pertaining to theoretical integration of ideas, epistemology of social and biological sciences, and original empirical research articles of general scientific value. History of the social sciences is covered by IPBS in cases relevant for further development of theoretical perspectives and empirical elaborations within the social and biological sciences. IPBS has the goal of integrating knowledge from different areas into a new synthesis of universal social science—overcoming the post-modernist fragmentation of ideas of recent decades.
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