The Punisher's Brain by Morris B. Hoffman is a fascinating analysis about instincts that engage fundamental legal principles. Hoffman argues in his book that legal principles are behavioral responses to crime. The responses evolved, and got built into society. His book continues with practical views about the fiduciary responsibilities of judges and juries.
The punishment of self, neighbors, and strangers for the effective correction of morality is the central theme of Hoffman's book. Answers to the psychological roots of crime and how criminals should be punished justly are included. Additionally, Hoffman implies facets of the economics of emotionality. For example, hardships and frustrations from life's difficulties are costs that reconcile against the personal savings of dignity and composure.
Conscience, hormones, and reactions are instincts that cause psychological stress, and consequently engage fundamental legal principles. Immorality, disobedience, and damages are the legal principles that are engaged by the instincts. Immorality is sin leading to crime, disobedience is willfulness leading to conflicts, and damages are injuries leading to revenge. Hoffman states that instincts have evolved for approximately 100,000 years.
The Punisher's Brain finishes its tale with brief discussions about jurisprudence. Effective criminal justice is Hoffman's primary concern, and he discusses conflicts between natural psychology and legal precedents. He stipulates that effective criminal justice is human nature following the letter of law, and insists that the economics of conscience guides logic and reason to fair verdicts. Hoffman's book contains many references that validate his perspectives.
Hoffman uses his personal experiences and insights from legal practice to account for human nature in the criminal justice system. He uses human nature to describe punishment for criminal wrongdoing, explains fiduciary responsibilities that come with the rights to punish others, and indicates philosophical issues that relate to effective administration of law. Hoffman's book reveals the impact of instincts on law and punishment, and includes many details about the evolution of instinctive behavior.
Jasmine Jennifer McAlpine