Neuroscience, Neurolaw?

One of the panelists made a great distinction between factual knowledge and collective beliefs. He pointed out that people used to believe in phlogiston and thought it was a factual description of reality, but scientific discovery presented a better theory about chemical structure and interaction. Similarly, people once believed in souls, but psychology presented a better theory with the idea of the will. We modern people look back at the naivette and ignornace of those from centuries ago. However, isn’t the will just a modernized version of the soul? The will in some sense may be no more real than phlogiston.

Why not base our justice system on science, on real world knowledge of how people actually behave?

Of course, retribution may feel good and maybe there is something in human nature that wants retribution. But what is effective in preventing criminal behavior? Is it possible to rehabilitate people? Just imagine a society that was based on actual knowledge and understanding rather than mere ideology. Retribution has proven to be a failure and yet we continue to do it. I think it would be nice if we as a society matured to the point where we actually wanted to bring the greatest good to the greatest number.

So, are our cultural biases and our collective beliefs more important than making the world a better place?