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Neurociencias: el futuro del derecho penal | Gerardo Laveaga | TEDxINACIPE


[Music]

I’m going to talk on this occasion about a

scary issue at least worries

the lawyers particularly to the

criminals to sociologists to the

psychologists to educators to the

priests because the subject puts in cloth

of judgment the columns on which

they built all their theories all their

dogmatic freedom the will to

last dates has been discovered

a lot of new functions

brain and how the substances that

generates our body affect the cortex

in the brain circuits

it turns out that the brain is this mass of

meat that we have that weighs a kilo 300

400 grams is the most complex machinery

of the universe

at least it is the most complex that

has discovered until today discover those

elements puts into question I repeat

many concepts

the central Liberty with

I think about the classic concept

of crime crime

we say the penalties is the behavior

typical unlawful and guilty that

penal laws punish a conduct

it is very easy to determine if this

behavior is typical enough that it is

written and is written in a

order is unlawful that

possibility also has to be in

that order the guilt is the

subject is not in the ordinances the

penalty is in the ordinances the

guilt is not something else and what

we know who the criminals are

ask could that person opt for

another option shot his mother biologist

his girlfriend defrauded his partner

the question is could he choose

for another alternative for a long time

time it was said if the gentleman in exercise

of your freedom or the person exercising

your freedom decided to do it is guilty

and this is the crucial issue for us

of genes make a small a small

digression to talk about topics are

logical and now he returned to the legal issue

you know the octopus female

of the pacific octopus gigantic the octopus

when soba female lays her

Eggs in a cave knows that

these eggs are absolutely

vulnerable that there are dozens of

predatory desires to eat their

eggs and the female octopus guard

guard at the door this cave in the

entrance to the cave until they start

born the pulpits in the effort is

dies of starvation because he does not eat

in that time he dies until the

small octopuses

I ask you, we can talk about having

maternal denial

I think of another example, the culillo

you have seen that little bird that comes out

what makes this bird good is

pretty sinister

the female does not hatch the female when

feel that the egg is coming for a nest

of a bird similar to hers and

when the bird that is guarding

he walks away for food by any

thing arrives at the nest puts the egg strip

one of the others so you do not notice that

there were three that follow 3 and never again

come back to see that egg July when

the bird comes awakened from an egg

little bigger a little smaller but

good what the and wielding the nucleus is born

fast and the first thing the clio does

stretch with your legs to your brothers and

the girl who arrives continues to feed

to the cuvillo we can talk about fraud or

of usurpation of personality

think of the lions in the stores

wild dogs

but they follow a zebra or magacela the thing

they wait they throw them a base forward one

on a right flank the left flank

does not bite them and for another death the thigh

we could talk about crime

organized

the question is could these animals

opt for a different behavior

the bees in hexagonal cells

perfect isolated each

the beavers on levees to contain the

stream of a river and power their houses

the ants in underground galleries

fantastic we can talk about talent

artistic architectural education

konrad lorenz father of ethology in the

Nobel Prize in 1983 our instincts

already has a marked weight in which in

these animals

the subject is they were able to choose another

behavior the hyenas the lions the

cuckoo or pacific female octopus

of Japan is an example imagine an

man who falls in love with a young girl says you

I love dying for you have two children with

She then tells Chávez that he no longer

I want to forgive you I can not be

with you or with these children that I do not want

today but you got engaged you do not want

to be and leaves with another one falls in love and

has two other children with her and after

of a time and sexual that I no longer want

to be with you a woman appears in me

life that I think is the correct

what do you think this man is a

unfaithful guy is a worthless guy is a

miserable guy and someone would say good

maybe he could not choose another driver

do not forgive the animals is very different

to men, men are right

men opted really decided

emory university and university

from maryland they did an experiment

fantastic with a planner topillo

this topic of protest was has a

hormone that has modified its circuits

brain and is one of the animals

monogamous par excellence point peep

prairie never changes partner in

comparison with mountain mice

the mountain does not have oxytocin and

vasopressin but in very low amounts

are the names of these substances

there is an example province can not

you see in the networks where you are in

a terrarium the meadow top and the

mountain mouse with their respective offspring

and your partner sees a hand with a glove

They take out the tall male rogue and the mouse from

mountain away from the mouse and the

little mice three days later they return to

place the prairie mouse and the mouse

of mountain with their respective couples and

its probable in the case of the mouse’s

prairie the mouse and kicks run to

rub your eyes and thing rub the

skin of our narrative would be for what

good that you arrived we are worried

because in the case of the mountain mouse

there is an absolute and disturbing

indifference proton to voltaire the

little mice see it and nobody interacts

nobody does anything that we could say it

they lacked values ​​to these mice of

mountain they did not have they did not have the

ability to love they did not understand and

they read the classics and I had a mother

who would like them we can say that

think for example our

sexual preferences

we choose who we like

we can choose

they say even in extremes when a

man and I like that woman no other

that drives me crazy that no longer but

those good gentiles themselves I like

that or imagine this same man

I like that man I want to be with that

man or a woman who wants to be

with that woman

we are free in our preferences

sexual

We can choose who we want and who

do not

we can really choose we are guilty

not guilty of that he could

punish a person for having cancer

support

diabetes is that we are already entering the subject

important

people say eye is not the substances

is the means that determines us and be

many sociologists and there is the

epigenetics and epigenetic he goes

beyond our genes and I put a

example the cortisol usually our

adrenal glands at this time

start to shake

we will all run and our

body and cortisol discharge

a while ago the cortisol are removed

think of a child every day

it generates cortisol because every day

his drunken father arrives to beat him to

his mother and his cortisol brothers do not

it’s eliminated so easily and it’s annihilating the

dopamine serotonin

oxytocin and vasopressin and

deep depressive aceviños

environment influences but I was doing

that we generate certain substances of

our own body

I have never believed that prison is a

important solution it seems to me that

pressure to come very few people

I think the alternate ways are the most

interesting and in many cases apply

these alternate measures but let’s think about

the serious cases that happens with a subject

like the one that a few weeks ago killed 17

your classmates and school teachers

what’s up with the one that last year

killed more than 50 people and left

injuring 100 2 with a weapon

repetition in las vegas

what do we do with them and the question is

they could choose another behavior

many lawyers to defend their

client says no they could not opt ​​for

other behavior was determined

I do not think so I think the fact

that we have certain substances or not

we have certain substances are not

innocent

we all have bladder we have to

urinating that does not justify that we have here

that does not justify that today we have a

restaurant

we have to be prepared socially

to do it at the right times

that we have very low and very low

dopamine serotonin that we have a the

cortisol or noradrenaline

means we can kill what yes

change will not change the sanction

what will change in the next

years and it is the great challenge of law

criminal is who are going to be the judges

I think lawyers will no longer be

pharmacobiologists and they will be chemists are going to

change the sanctions will no longer be 20

years or 30 years in prison

the function will be put oxytocin

remove cortisol

give him vasopressin suppress him add

from the emory and maryland scientists

they injected the mountain mice

vasopressin oxytocin surprise the

they made faithful or faithful is the pela is

the word that we understand some great

here is what I would have dictate

some of our couples but more

there

beyond the beyond the joke

the issue is what will happen in the future

with the criminal law because this

I would change the whole vision of punishment

the whole vision of human rights

it’s not about doing something new

it’s about building on what

we have when a judge says you are going to

ten years in prison is suspending

human rights when a judge says

you are going to have to be injected with

this one with that was suspending the

human rights and the judges I repeat

they will have a completely profile

different from what we know today

people say good the end of the sentence is

reinserting the redota reinserted so

we are going to reinsert in this one he killed his

mother oxytocin we remove him we put

can go out and then people have

decided and wait for me the Lord killed my

son saw my daughter can not go out and we

let’s give an account if you really order the

the penalty and reinsert or is the answer

that society gives or if it is a reproach

that society and so there

is going to change this is going to change

enormously something I can tell you

when our grandchildren have our

age and see our letters our

books our movies to say today

Grandpa or Grandma

not so ugly the one who would send prisons

now there are no pressures

as well as the rhythms of the practices

medical granting sangria supposed

leeches and we laugh that how are they going to

end with an epilepsy with

leeches

that way they will laugh when in our

prisons of the dreadful state that

we have the chemistry the biology and

particularly the neurosciences

completely change this panorama the

good news is that we have many more

questions that answers at this time

I said earlier scare should terrify

have said because they imply freedom

of determinism old visions

missions in which to transform that world

happy of the one who talked to 2000 and the only

What we can not do is ignore what

comes forward

thank you very much

[Applause]

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