Law and Neurosciences

Some Reflections

Abstract

Prof. Shen in his keynote address explained the interrelationship of the developing brain and criminal justice with special emphasis on the juvenile justice system. He gave an overview of the field of law and neuroscience, which includes not only the developing brain but ageing brain, and how adolescent and adolescent brain decisions are addressed by law. Prof.Shen has established and directs the Shen Neurolaw lab[1]. The motto of this lab. is highly interesting which reads as “Every story is a brain story.” Thus, emphasising that the brain is involved in every act, including crimes. The functioning of the brain is involuntary, and that it never rests. Living brains never shuts down. This address argues that since brain never rests even when a person is asleep, one has to understand functioning of brain at a given point of commission of crime before pronouncing on the culpability of the accused. The neurosciences are allowing us to understand better with more precision why our minds do so that a cognisable relationship is established between thinking of brain and actions of man.

[1]The research and other news items can be accessed by clicking at www.fxshen.com. Prof. Shen shared a slide of brain function developed by Terrem, WW Ni, M. Goubran, M. Salmani Rahimi, G. Zaharchuk, K W Yeom, M W Moeley, M. Kurl, S.J. Hordsworth, revealing sub-voxel brain tissue using phase-based amplified MRI (aMRI) Magnetic Resonance in Medicine, 2018.

Note: This article is based on the keynote address of Prof. Shen in a workshop which was recorded and is now reproduced for the benefit of the readers as it is an emerging area of research (Chief Editor). The workshop was organised by Legal Aid Clinic for Juveniles in Srinagar (J&K, India) on 3rd November, 2020. The Legal Aid Clinic was established in School of Legal Studies, Central University of Kashmir (J&K, India) under the auspices of Department of Justice, Ministry of Law & Justice, Government of India. For full report visit university website www.cukashmir.ac.in