Beyond the Answer: Making Sense of Neuroprudence

Beyond the Answer: Making Sense of Neuroprudence

“The evidence as presented, of reductionist theories of neurobiology and studies in neuroeconomics, is not a mere challenge to interpretivism, nor is it simple fodder for the legal positivist.  It demands a restructuring of the fundamental questions in jurisprudence. When confronted by new disciplines, old questions call for new answers. The essence of being human transcends mankind’s rich spectrum of political authorities, individual hopes and collective ideals.  Trust as the neural currency, not trust as the abstract virtue, lays the bedrock for our systems of law.  The mirror mechanism predates any promulgation of the law: empathy is man’s social grace.   From the fruit fly to the mouse and even Hercules, all beings that comprise our living world are made up of the exact same molecular cellular pathways that allow for cognitive behavior.  Law is a cognitive process and trust is its ultimate rule. A rule may be binding before it is accepted with no debate between the mind and molecule as to whether or not it is valid.  Law is not posited through decision.  We live in and by the law, but not as subjects of law’s empire.  With what ruler must jurisprudence draw the line between the validity of law and the trouble of being human?  This is a question Hercules can only begin to ask if he moves beyond his answer and makes sense of neuroprudence.”

– from “Beyond The Answer: Making Sense of Neuroprudence”, A Kamalnath, Journal of Advanced Research in Law and Economics, Winter 2012, Vol. III, Issue 2(6)

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