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But when asked, the judges claim that they’re making their decisions freely.Sapolsky notes that hunger makes the cerebral cortex largely abandon considered judgment in favor of more emotional decisions, even though the judges claim that they’re acting out of pure free will and volition.Yes, that tendency is evolved, but it can be overcome.Retributive punishment lingers, he says, because “punishment is pleasurable,” and though Sapolsky doesn’t mention that such pleasure is probably evolved, I’m sure he’d agree that it is; it’s a form of emotionality that was adaptive in our ancestors.(I was on the show once and they transformed my interview into a wonderful piece.) This show begins with an earlier segment about an epileptic (named “Kevin” to protect his identity) describing how he underwent two brain operations to cure his epilepsy.

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There are some enlightened folk who realize that accepting behavioral determinism mandates a severe reform of the criminal justice system, including adopting the view that criminals, like malfunctioning machines, need to be treated rather than punished.

Then, they will learn about key Supreme Court cases the podcast explores the humble origins of the Court and how Chief Justice John Marshall helped change that.

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Abumrad, like many rational people, is shocked by Sapolsky’s view that Kevin wasn’t deciding his criminal acts “freely”, i.e. (Both Sapolsky and Abumrad take “free will” to mean, “I could have done otherwise at the moment”; neither even mention compatibilist free will.) But Sapolsky is relentless, feeling that, as science progresses, “one by one, all of the things that we think are under our control. Sapolsky ends by saying that what we need to do in the justice system is “prescribe treatments and constraints,” just like you’d treat a car with broken brakes or put it in a shop for complete overhaul if it were dangerous.

People, he says, aren’t “bad”, but simply conditioned to behave in one way or another, and that we should abandon our notion of retributive punishment and our tendency to affix moral judgments to other people’s behavior.

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