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9 - Genes, responsibility and the law

Published online by Cambridge University Press:  08 August 2009

Patrick Bateson
Affiliation:
Professor of Ethology, and Provost King's College, Cambridge; Biological Secretary and Vice-President Royal Society
Steven Rose
Affiliation:
The Open University, Milton Keynes
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Summary

It is often supposed that all shreds of human agency succumb in the face of advances in the understanding of evolutionary process, genetics and brain function. Conventional wisdom collapses and all responsibility for the consequences of our actions is diminished to the point at which, it is claimed, no blame can be attached to anything we do.

Or so the argument goes, but is it really the case that science has had such serious implications for the way we should think about our own capacity for choice? The importance of the emotions in controlling human behaviour certainly suggests to some that all of us are in the grip of our instincts and our genes. We seem to be surrounded by examples of irrational behaviour, such as when people are in love, in lynching mode or maddened with war fever. The brain (and the genes that contribute to its construction) are such that, when people make conscious choices, they don't really know what they are doing and if so the presumptions of law, morality and common sense must be wrong.

In 1979 the Mayor of San Francisco and one of his officials were gunned down by one Dan White. At his trial White was convicted of manslaughter instead of the first-degree murder of which he was accused. His lawyers produced an original argument which came to be known as the ‘Twinkie defence’.

Type
Chapter
Information
The New Brain Sciences
Perils and Prospects
, pp. 149 - 164
Publisher: Cambridge University Press
Print publication year: 2004

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  • Genes, responsibility and the law
    • By Patrick Bateson, Professor of Ethology, and Provost King's College, Cambridge; Biological Secretary and Vice-President Royal Society
  • Edited by Dai Rees, Steven Rose, The Open University, Milton Keynes
  • Book: The New Brain Sciences
  • Online publication: 08 August 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511541698.010
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  • Genes, responsibility and the law
    • By Patrick Bateson, Professor of Ethology, and Provost King's College, Cambridge; Biological Secretary and Vice-President Royal Society
  • Edited by Dai Rees, Steven Rose, The Open University, Milton Keynes
  • Book: The New Brain Sciences
  • Online publication: 08 August 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511541698.010
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Genes, responsibility and the law
    • By Patrick Bateson, Professor of Ethology, and Provost King's College, Cambridge; Biological Secretary and Vice-President Royal Society
  • Edited by Dai Rees, Steven Rose, The Open University, Milton Keynes
  • Book: The New Brain Sciences
  • Online publication: 08 August 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511541698.010
Available formats
×