Law & Reason as a BRIDGE between Science and Faith

​The Problem of a Mitigating Discipline based on a Scientifically Invalid Diagnostic Manual

When we think about the great intellectual problems of the last several hundred years --- the conflict between SCIENCE and RELIGION is right up there and RELIGION has sometimes shot itself in the foot by its REFUSAL to acknowledge the AMAZING DISCOVERIES of EMPIRICAL SCIENCE.

BUT in MODERN TIMES, we have an AMAZING FAITH in Empirical Science as the ANSWER to Every Question.

And in FAIRNESS --- maybe EMPIRICAL SCIENCE is NEEDED for many if not most questions.

BUT we've gotten ourselves into quite a CONUNDRUM because SCIENCE is often LAGGING BEHIND ---and sometimes FAR BEHIND ---- the demands to make MORAL and ETHICAL DECISIONS in the MOMENT.

In fact, EMPIRICAL SCIENCE may be LAGGING DECADES or MORE BEHIND our need to make those DECISIONS and in fact EMPIRICAL SCIENCE  may be LAGGING BEHIND one or more GENERATIONS.

So when we look at our use of MENTAL HEALTH KNOWLEDGE and LACK THEREOF in the Criminal Justice System --- IT IS A MESS:

• We've put all our "FAITH" in Empirical Science ---
  • But the DSM 5 is scientifically invalid at least according to pronouncements from the National Institute of Mental Health in 2013.  
  • Further, over 600 Research Institutions have found that genes are shared across diagnostic categories and the DSM categories do not appear to coincide with EMPIRICAL RESEARCH and SCIENCE.

Well --- the ANSWER is we need MORE EMPIRICAL  RESEARCH and SCIENCE --- In fact, that is one of the RIGHT ANSWERS --- the only problem is IT IS NOT SUFFICIENT to address our CURRENT PROBLEMS.

The LAW and Public Policy have been surprisingly SLOW in using "REASON" to make REASONABLE DEDUCTIONS and INFERENCES regarding:

• the Biological Basis of Behavior, and
• the Biological Effects of "Environment"

​As well as the need in some to many cases to get beyond PUNISHMENT for INDIVIDUAL BAD ACT or BAD INTENT and move to a Public Health Approach that can handle BAD ACTS and BAD INTENT stemming from CHRONIC CONDITIONS such as:

• Neuro-Developmental Disorders
• Psychiatric Disorders
• Brain Injury, and or
• Substance Issues that are often related to one or more of the above.​

Is "REASON" needed as a BRIDGE between our "FAITH" in Empirical Science or our Religious and Spiritual Beliefs?

​I would maintain that "REASON" is needed as a BRIDGE to BOTH.