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Social context of the brain and law: Is consciousness social?

Chetan Sinha

Qeios March 28, 2023 DOI: 10.32388/r8gtzx (opens in new tab)

Study at a glance

AI-extracted from the abstract
Characteristics Theoretical or philosophical paper Peer reviewed
Citations 1
Key points Argues that understanding consciousness requires attention to social context and group processes, not only brain science, and that the drive to objectify the brain is a new phrenology unless viewed through a decolonizing lens. Contends that law should disentangle itself from neuroscience while balancing precedent, and that neuroscience can nonetheless support law reform.

Abstract

This article discusses how we become conscious and aware and what is the role of the brain when people are not conscious of their actions. Consciousness in the wider philosophical framework dealt with an asocial and individual framework. The understanding of consciousness also requires one's critical understanding of social context and group processes. The current race to objectify the brain is new phrenology unless viewed critically through the decolonizing lens. Law has a greater role to demystify itself from neuroscience and keep a balance considering the precedents. This article also ventures into how consciousness is constructed in a social arena and the way neuroscience can be a helpful domain in making the law reformative.