WDW365 Lecture 1.docx

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19 Apr 2012

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WDW365 Lecture 1 Introduction Sept 15, 2011
Four Models of the Mind
1. Traditional Legal Model
-reflects broad concepts of the mind that were current when it emerged in time
-also known as pre-psychological model; emerged before the psychological model
-model is voluntaristic; a form of voluntarism meaning people make choices if we choose to commit a crime then we
deserve to be punished for it because we are responsible for our choices
2. Psychological Model of the Mind
-includes many strongly competing psychological theories
-deterministic; can show why people make certain choices if it can be explained then it can’t be a choice
-psychology emerges out of what was occurring and it emerged around 12-13th century; 14th century beyond introduced
more sophisticated machinery, mind as a complicated machine emerges e.g. clock
-idea of psychology that emerges is based on the idea that understanding the mind doesn’t consist of thinking about
what it feels like to have a mind, but to open the mind, examine its parts and how the innards make it work
-human beings are learning creatures and do things based on how they were programmed with conditioning
3. Rational Actor Model
-traditional legal is also a rational actor model although they are significantly different
-humans reason, actions aren’t determined, we make choices; but misses context
-actions which seem wrong when described without a context can seem excusable within the context
-actions which seem irrational also ^
-what was in the mind of the person at the time; subjective psychological analysis
4. Subjectification Model
-the mind has inner workings; psychologists are wrong in that they keep thinking that science of psychology’s
foundations can discover innate internal structures of the mind which would allow you to distinguish human thought
and thoughts behind actions by some sort of template; but they are internal
-human mind has the quality that we absorb through living and socialization, distinctive structures that are located in
time and cultural space so that people have different ideas as well as thoughts, as well as different minds; different
structures of minds in important ways
-form of determinism; cultural norms dictate how you do things and think about things
Side Notes
-mind as a machine; can have broken components, bits that can be taken out/put back in, some components may be
completely missing
-the mind was only thought of as thought in relation to action; mind has three qualities; what you are aware of having,
the ability to talk; not components of a machine, qualities are reason, will and emotion; or intellect/reason,
volition/will and emotion/feeling
-the mind is always reasoning/thinking; capacity to reason and the reasons themselves
-mind as self directed; will; emerges when you think, the will to think, and also the will to action
-emotional states normally aren’t involved in the facts of law; feeling states that go with thoughts and actions
-the reason why someone commits a crime is important and not the emotion that goes with it
-the context determined the action
-subjectification theory is right in terms of rational actor model; although most don’t sit well together
-rational actor makes people seem asocial although in a social context
-claim that psychological trauma changes you negatively and continues to have these results after the trauma
-socially damaged, but damaged psychologically
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