The punisher's brain : the evolution of judge and jury / Morris B. Hoffman.
2014
GT6710 .H64 2014 (Map It)
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Details
Title
The punisher's brain : the evolution of judge and jury / Morris B. Hoffman.
Published
New York : Cambridge University Press, 2014.
Copyright
©2014
Call Number
GT6710 .H64 2014
ISBN
9781107038066 (hardback)
1107038065 (hardback)
1107038065 (hardback)
Description
xi, 359 pages : illustrations ; 24 cm.
Other Standard Identifiers
40023576961
System Control No.
(OCoLC)859168572
Summary
"Evolution built us to punish cheaters. Without that punishment instinct, we would never have been able to live in small groups, and would never have realized all the significant benefits that small-group living conferred, including mutual defense, cooperative hunting, property, divisions of labor and economies of scale. In fact, to a large extent our notions of right and wrong, of empathy and compassion, of fairness and justice, all come from the tensions of group living, and thus indirectly owe their very existence to punishment. It may sound strange that one key to civilization is our willingness to punish each other, but every parent knows it's true. Every parent also feels the irresistible pull not to punish too much, and in fact maybe not to punish at all - to forgive - and this, too, is a remnant of evolution. Our punishment instinct is not so much a sword ready to fall as it is a finely tuned balance, sometimes susceptible to the gentlest of breezes"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Gift
Purchased from the income of the Murray Fund
Gift

The Arthur W. Diamond Law Library
Purchased from the income of the Murray Fund
Table of Contents
Acknowledgments
ix
Introduction
1
1.
The Most Original of Original Sins
14
The Social Problem: Cheat or Cooperate?
14
Our Natures Lost and Rediscovered
17
Culture: Our Small Groups Become Large
30
The Culture and Evolution of Law
33
The Problem of Property
37
The Promising Animal: Homo exchangius
40
Two Solutions to the Social Problem
41
2.
Detecting and Blaming
54
Detecting Cheaters
54
Blaming Cheaters
58
Blame and Punishment
78
3.
First-Party Punishment: Conscience and Guilt
92
The Moral Animal
92
Empathy
106
Psychopaths
109
4.
Second-Party Punishment: Retaliation and Revenge
121
The Avenging Animal
121
Self-Defense and Its Cousins
133
Angry Sentencing Judges: Are We Judging or Retaliating?
137
5.
Third-Party Punishment: Retribution
150
The Punishing Animal
150
Moving from Second- to Third-Party Punishment
161
Ostracism: "The Cold Shoulder Is Just a Step Toward Execution"
162
Punishment over Time: From Banishment and Back Again
167
The Roots of Responsibility, Excuse, and Justification
174
6.
Forgiveness and Its Signals
188
The Forgiving Animal
188
Apology
199
Atonement
204
The Problem of Repatriation
207
7.
Delegating Punishment
217
Consensus Decisions: Bees, Monkeys, Judges, and Jurors
217
Trial as Punishment
227
Non-Judge Non-Jury Traditions
231
The Golden Age of the English Jury
235
Modern Jurors as Punishers
241
8.
Legal Dissonances
251
The Naturalistic Fallacy: Mind the Gap
251
The Fallacy of the Naturalistic Fallacy
259
Closing the Gap
262
9.
Evaluating Some Process Dissonances
272
Blinking to Verdicts
272
Signal-to-Noise Problems: Storytelling
276
Unanimity and the Dilemma of Decision versus Deliberation
280
10.
Into the Gap: Evaluating Some Substantive Dissonances
289
Mental State Boundary Problems
290
Two No Intent Dissonances: The Felony-Murder Rule and Corporate Criminal Liability
300
Two No Harm Dissonances: Attempt and Conspiracy
309
Lessons from the Gap
320
11.
Brains Punishing Brains
329
The Punishment Ethos
329
A New (and Very Old) Way to Look at Punishment
334
Index
351