Discuss the Usefulness of Neuroscience in the Courtroom

Speaking of the usefulness of neuroscience in the courtroom, I would consider neuroscience to have limited function on helping to assign fair, appropriate penalty on criminals. There are two reasons to justify my statement.

Firstly, it is difficult to get neuroscience involved in legal cases because the basic assumptions of law and neuroscience are essentially different. While law generally assumes that people are capable of making rational and moral decisions, neuroscience and psychology have continually proven that a large portion of human behaviours are involuntary. For example, in the renowned behavioural science book “Thinking, Fast and Slow”, Daniel Kahneman emphasized how System 1 dominates our instant decision making, perception, and emotional response. If law was to recognize that a huge portion of human’s actions are involuntary, then it would be impossible for it to set punishment for crime since law does not punish innocent mistake. Therefore, if either law or science does not adjust its premise or compromise to one another, neuroscience would have limited use in terms of assigning punishment in the courtroom.

Next, neuroscience would also have little help on determining proper adjudication because the definition of normality for a human brain is unclear. In law we assume that if a person’s brain is impaired, then the judge should lessen the penalty because the criminal did not commit the crime with a normal mind. However, whether or not there is an arbitrary, clear criteria of what defines “normal” in medical science and psychology is controversial. Normality does not necessarily mean “being average” or “being indifferent from others”. Also, it is hard to say to what extent should a deviation of one’s brain from others to be considered “abnormal”. As a result, if we could not objectively define normality and abnormality, then any act to adjust punishments based on the abnormality of criminal’s brain would be unfair.

I believe my opinion is in some way similar to others in the class as well as Dr. Stephen Hart in the guest lecture. When in discussion, people mentioned how abnormal behaviour in the brain do not necessarily serve as the evidence of either a person has mental illness or we should give her a different treatment in the courtroom. In the guest lecture, Dr. Stephen Hart stated that law and science conflict each other given each of their distinct perspectives of viewing human behaviours. In conclusion, I hold a doubtful attitude towards the usefulness of neuroscience in the courtroom, and some of my peers and professionals have similar skepticism. In order to make neuroscience and law go hand in hand, the premises that consist of both of them must be adjusted in a way that they tolerate one another, and either the definition of normality should be carefully chosen or the law itself should be amended.

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台北記:松江清

松江路是小時候第一條認得的路。所謂「認得」,並不只指記住路名、記住方位而已,而是知道路頭路尾會接上怎樣的路、每個交叉路口各是什麼樣的路、那些路又通往哪裡。長安東路、南京東路、長春路、民生東路、錦州街、民權東路、民族東路。我的宇宙觀從點、線、面,漸漸擴展成如今認識的世界。

國小每天上放學的時候,必然會經過松江路。學校距離家裡極近,因此自己總是那個剛好在打鐘前十秒進教室的學生。上學的路上,還沒有上班族的影子,但回家時一群群西裝筆挺的大人便會從(小小的)自己旁邊快步走過。在信義區大規模發展之前,部分人稱松江路為「台北的華爾街」,夏天放學經過銀行時,自動門打開吹出的涼氣、以及某種銀行獨有的味道,總讓人想頑皮地再次經過。

銀行之間的縫隙裡夾雜了越來越少、幾乎已經消失殆盡的小店。原本有幾家車商、一兩家萊爾富、以及各種規模較小的餐廳,在我走過又走過的歲月裡,或許是經營不善,更可能是因為頂不住一再上升的店租,紛紛關閉。路上總是有店面在拆卸、但只有砍掉,沒有重練,前業者無法負荷的店面,大部分變成不動產業者或通訊業者的分店。

午餐時間時,上班族擠在巷子裡尚能生存的小吃店,聊著各種公司裡的事,大多時候都是關於一個可惡的同事。有天突然好奇:那些被講的人都到哪裡去了呢?

然而那樣的經驗已經是好久以前了。感覺所有事都發生在一個安靜遙遠的下午,沒有什麼是剛剛經歷。小學放學打球、小學跟國中連在一起時必須走過的童軍教室、暑假游泳過後活動中心放出的熱氣、那些跟大人一起上英文日文的晚上,都是很久、很久以前的事了。也許對這個地方的記憶,已經在某個時刻永遠的定格。而定格之後所發生的事,都不在記憶所承認的範圍之內。陽光熾烈,這些年回去時,在那一帶所從做的所有事情都像是染上了調得太白的濾鏡,沒有聲音,人們的臉亦模糊不清,餘下的,只有樹的影子。一顆球落下、在操場上發出聲音的時間,如今對我來說,已經太長。

住在國小對面的老婆婆從前總是與我聊上幾句,現在看到我仍然是笑咪咪的,像看一個陌生人一樣。假日的松江路總是沒有人的,但現在就算是平日的松江,路人雖然個個張著口,卻已經聽不到聲音裡的細節。

是故清。

*後記:也許是親近了記憶中土地的關係,這次回來之後,突然看待這個區域的眼光變得相對溫柔了。雖然各種人事物總讓人有種在吊橋上跑,每跑 n 步身後就掉落 n-1 塊踏階的感覺,但最近慢慢地理解到,那個感受並不是永久的。首先你是一個天真無知的人,再來隨著年紀漸長,慢慢察覺出完美生活裡光怪陸離的現實;再來會因此覺得一切都在失去、並決絕地認為過去永遠好於現在;而最新的階段,則是認知到即便你去了再遠的地方,即便發生了任何事,過去與未來仍然有相通之處,而一切仍然有轉變的餘地。不管是何種轉變,時間所帶來的變化,其實不是一條直線。

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A Solo Trip to the Gentle Seattle

If you ask me to describe Seattle in just one word, I would say gentle. And if you ask me to further clarify that, I would probably first delve into my memory, and likely provide you some aesthetically intriguing descriptions to back up my point.

I can say the roads exist truly for both the cars and the pedestrians; the sidewalks are always filled with leafy, medium-sized, thin-branched trees; and the colourful but calming buses run around the not-so-crowded city.  Yes, these are important factors that define Seattle as a comfortable urban space, but I found myself dissatisfied with these answers. It is as if something bigger, more subtle behind the environmental settings, that gently accommodate a nineteen-year-old, novice(and sometimes careless) self-traveller.

Friendliness. Cliche answer. Yes I agree, and that’s also not the exact word to convey what makes Seattle gentle. In most part of the world, locals are friendly to travellers both in ways that will influence or not influence their GDP: There will always be welcoming locals that tell you which bus to take to get to the attractions, and there will also be locals that are nice to you so that they can introduce you to their family-owned restaurants. Friendliness, by itself, is not sufficient to make a city unique and memorable.

So what is it?

For me, it will reside upon a slightly longer portrayal: The understanding that you and other people are different from each other, but you can still be good friends without changing yourself to a certain type of person. In other words, people accept the “true you”. They understand that everyone has their own story and cultural burden, and they will not walk away from you because of that. Everyone, regardless of their class, ethnicity, “accent” of speaking English, years of living in North America, are folks that you can chat a bit about everything, almost unconditionally. The level of maturity and openness for intercultural interactions is fascinating.

My Airbnb host was a perfect example of being gentle(by the way, if you need a place to stay in Seattle, feel free to reach out to me!). We exchanged not only our views of Seattle, our impressions of the Americans and Canadians, but also all the stories that we have as a person – dreams, values, and the pain of living in a city with high housing price(sigh…)- all immediately after we met. We totally recognized the difference between each other, yet we treated each other with equal respect that neither of us have to comply to a cultural norm.

The gregarious UW students were also gentle: When their student council was reminding people to vote and kindly asked me about my opinion regarding the election, I said I was not a UW student. Surprisingly, the person who was busy taking care of the booth did not leave it there. Instead, she chatted with me in a patient, welcoming manner as if I was one of the voters. And needless to mention the two girls that I met when one of them helped take a picture of me – we went for bubble teas and snacks three minutes after we chatted. The speed of people getting connected to each other without a sense of urgency to get anything out of the connection is what makes Seattle seductive.

I would very much like to point out that I have only been in Seattle for two days and it would probably be a mistake to comment on the city’s culture. But if forty-eight hours are not enough, how long should it be? I don’t really have an answer – and if I don’t have an answer, any answer suffices. A sense of wonder has took me to a place(not necessarily physical) that I have never experienced, and if my mind was emptied out before arriving that place, it has refilled me with gentleness and the belief of a wider possibility of lifestyles and human interaction. Thank you, Seattle.

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Circular Economy: Recent Practices and Potential Issues

Circular economy has become a trendy concept over recent years. Instead of continually performing the “take-make-dispose” philosophies, several pioneers have come up with solutions to make our life more sustainable.

The National Zero Waste Council has collected some notable business models for circular approaches. The “products-as-a-service” model enables people to enjoy service rather than ownership. For instance, instead of buying light fittings, the customers can now buy the service of light. The manufacturers will go to people’s houses and change the fittings whenever a more efficient product is released, and recycle the old materials.

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This image was taken from the Ted Talk delivered by Ellen MacArthur: The surprising thing I learned sailing solo around the world.

Also, the “product-life extension” model encourages upgrading and repairing used components of products. For example, engines do not necessarily have to be abandoned when it is broken. Instead, if people make the parts of engines re-manufacturable, they only have to change parts in order to make the machine well-functioned. Additionally, people do not have to throw away the entire toothbrush when they need a new one. Changing the brush is enough to satisfy people’s need of cleaning.

For the most part, I agree with the above approaches that the National Zero Waste Council has mentioned in their blogpost. However, I would also like to challenge the effectiveness of implementing these initiatives in real-world practices. In the post, while the senior managers of Dell eventually oversees the benefit of using recycled materials to manufacture products, not every managers in other firms will react upon these benefits. Since the performance of managers are mostly been evaluated in short-term scales, these decision-makers may favour not-so-sustainable-but-cost-effective methods of production. To sum up, the ideas are good, but the company have to redesign reward system for managers to act in a way that aligns with the companies’ long-term interests.

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This image is taken from the article “Sweden is paying people to fix their belongings instead of throwing them away” by World Economic Forum.

In contrast, governments might be able to exercise circular economy with less concerns. In this article, World Economic Forum explores Swedish government’s approach of reducing greenhouse gas emissions by nudging consumers’ choices. The government offers a tax break for fixing machines and clothes. This policy is expected to bring not only consumer’s shift in buying more high-quality, long-term functional products, but also a decrease in unemployment, which unemployed people can get jobs easily from fixing things. The government has successfully provided a reward system(tax-break and employment) for people, so it has less issues in implementing circular economy than private sectors.

To conclude, while the idea of conserving resources are beautiful, this piece will serve as a friendly reminder for people who wish to do so to examine the reward system within their firm before assigning budgets of implementing these ideas. Circular economy can be expensive at first, but there are ways to minimized potential costs. 

Ink Studio, Strategy, and Business Model Canvas

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Ink Studio applies several strategies to ensure its growth in commercial activities and promoting traditional Chinese culture.

Can art business sustain itself while reinforcing the core mission of promoting delicate culture? In 2012, three Stanford alumni co-founded Ink Studio, an art gallery focused on Chinese ink painting and calligraphy. Unlike the existing ways that Chinese artworks are being processed and sold, the gallery has several different approaches that eventually lead to its commercial and cultural success.

The business began with differentiating themselves from the art gallery market. Instead of selling a variety of artworks at the same time, Ink Studio chooses to place an emphasis on Chinese ink painting and calligraphy because the three co-founders believe that the above two categories have been widely considered as “the highest form of artistic expression in China for more than 2,000 years”(Smith, 2016). Focusing on only ink painting and calligraphy, the gallery has developed its own features. According to Porter’s generic strategy, the studio is expected to obtain a higher degree of customer loyalty than its competitors.

Besides boiling products down to specific types of artworks, they also differentiate themselves by making sure the artworks are authentic. Britta, the art historian among the co-founders, has a solid experience and 30-year working relationship with the Chinese artists. By directly dealing with the artists, the co-founders believe that there is less chance of selling forgeries.

Next, Ink Studio makes the best use of its customer relationship. Its well-established brand image, such as authenticity and good quality, has addressed glamorous buyers, including Hong Kong’s M+ and New York’s Metropolitan Museum of Art. This in turn makes the artworks sold in the gallery more valuable, and thus increases the revenue of the gallery. The rapid growth in income will further make it possible for the co-founders to focus more on promoting traditional Chinese artwork, which is the core value of the business.

Additionally, the gallery has determined its key resources by identifying themselves as a small business. Though the gallery has been successful now and is invited to some of the most prestigious art fairs in the world, they do not have many stockholders or people that they have an obligation to show their financial report. The co-founders are mainly responsible to only artists, collectors, owners, and themselves. It is this simple structure within a company that they can keep themselves from blurring the overall picture of the business and be less profit-driven, more enthusiasm-oriented.

Conclusively, Ink Studio has outlined several strategies that makes it business successful and holds on to its key values. The successful example of an art business may, in the future, lead to the prosper of art industries.

Proper Language

Raised in a traditional Asian household, I was taught to say ‘thank you’, ‘please’, and ‘excuse me’ ever since I was able to speak. Like many other children, I acquired those polite phrases even before knowing what they mean; watching adults being pleased by how children were able to demonstrate courtesy in an early age, to me, is entertaining enough.

I was terrible at determining what was ‘proper’ to say before entering grade schools. When I was in an ancestral worship ceremony back in Taiwan, the families offered incense. My little cousin stood between the memorial tablet and me and refused to move. Traditionally, the only thing that should be in front of the worshipers were the tablet. Thus, I leaned over, “Go somewhere else. We are not worshiping you.”

My aunt’s face turned red as my mother yelled at me with the sternest tone I have ever heard, “What are you talking about?”

I was genuinely confused. Was I not simply telling the truth?

Mother sighed and explained later that to worship people implies they were dead, which is considered very inappropriate to address. I wanted to argue that the term ‘worshipping’ has many implications. After all, only well-respected historian figures can be worshipped in conventional Taiwanese religions. Nevertheless, I remained silent from then on, trying to minimize the chance of speaking ‘improper words’, even when they could have been perceived differently and many grown-ups just choose to interpret it negatively. Looking back, the event has served as a starting point of my socialization. The real game of being accepted through articulating proper language had inevitably commenced, and once you were in there was no turning back. In elementary school, I immersed myself in a variety of public speaking, recital, and writing contests. The unwritten rules to win were to throw in sophisticated words, to emphasize vocal variety, to use as many figurative languages and to cite as many classical quotes as possible. As a student who had been both extremely obedient and had read more literary works in comparison to my peers, I swept through almost every contest, won the prizes, but always refused to re-read my written pieces or to watch my speeches afterwards. Upon all these efforts, I was considered to be presentable and elegant, but those characteristics have never guaranteed of being genuine, creative, and constructively critical. The early-age achievements had made me, paradoxically, proud and embarrassed at the same time.

Words and languages embody individual’s thoughts; for me, however, they used to be tools to win over recognition. In other words, they embody opinions of others: those people who could judge my value by using whatever metrics they please, regardless of objectivity. In linguistic study, however, ‘correct language’ does not exist. There is no definite agreement on how “the parts and the functions [of languages] should be analysed and described” (Rosen, 2). Rather, these normative statements are mostly established due to political reasons: Upper classes make the rules, and languages have thereupon become the criteria for class distinction. The post-war English historian Tony Judt has addressed similar points, in which components of languages such as ‘accent’ were ranked according to ‘respectability,’ usually “a function of social standing and geographical distance from London” (Judt, 148). It is indeed a rule developed as early as the formation of societies: Whoever controls the language controls the people, and vice versa.

Though I have arbitrarily, according to my personal experience, come to the conclusion that the so-called insistence on proper language is not absolute and has discouraged independent ideas, I don’t deny delicate wordings. To me, affectionate languages are the greatest invention in the world, and wonderful ideas are usually conveyed in eloquent dictions; I just cannot agree how anyone has the right to define what is acceptable for others. The rejection to beauty, articulacy, clearness, and all sorts of prevalent merits is unnecessary; the point is to recognize the imposed authority and not to oppress others by the pre-determined guidelines. A counterexample for this occurred in my friend’s junior high. There was a group of people who demanded on using the most direct, colloquial languages such as profanity. The style of expressions was harmless; but these people denounced those who didn’t speak in the same way as them to be pretentious and ‘unnatural’  and alienated them. I quite agree with historian Judt: In modern society, people “unreflectively suppose that truth no less than beauty is conveyed more effectively thereby” (Judt, 151). Truth doesn’t necessarily come from any specific forms of expressions, sophisticated or vernacular. More importantly, the sheer arbitrariness to define what is ‘natural’ for others, the act to demonstrate power through attacking non-followers, has echoed with violence and discrimination around the world, recently or historically.

If heaven exists, it would be a place where people value sincere opinions and know that their power to rule belong to themselves. If I am given a choice between being descriptive and normative, I would pick the latter one. If I ever had children, I would tell them to respect individuals heartily, rather than merely offer graceful lip service. My endeavour with language has unexpectedly led me to the arena of freedom and anti-oppression, and if I could, I would always hold on to the childhood ‘carelessness.’

Works Cited:

Rosen, Michael. “Sorry, There’s No Such Thing as ‘correct Grammar’.” Opinion. Guardian News and Media, 02 Mar. 2012. Web. 31 Jan. 2017.

Judt, Tony. The memory chalet. New York: Penguin Press, 2010. Print.

金庸,生日快樂

今天是金庸的九十三歲生日。在心目中至今無人能超越的小說家面前,只能把全副的情感據實以告。九年前一個星期五晚上,我翻開了倚天屠龍記,有些勉強得挨到了第二章後,便再也無法把書闔上。那時還不曉得,這個堅持把我帶到了一個極美極狂的廣大世界。武俠帶給我的實在太多,即便寫到現在仍怕褻瀆金老的作品。

那時,也還不曉得自己會有現在的疑惑。

一直以來都不是一個合格的金迷,那副對聯若掛在門上,恐怕要少好幾個字了(註一)。先是倚天,再來神鵰,再來射鵰,再來天龍,再來雪山系列,再來笑傲。高三下申請學校的緊要關頭時,突然賭氣一般地看起了書劍。雖然電視劇未必比書精彩,小六時,還得看胡歌林依晨的射雕英雄傳,才能把苦到無以復加的長高藥粉吞下(結果長了一公分又縮回去)。

最喜歡的男角從楊過、令狐沖,到最近換成了徐天宏(有人知道他是誰嗎)。最喜歡的女角一時之間選不出來,也許是因為自己想成為的人,到最後的下場都不是最好的吧。程英、寧中則、霍青桐,堅強善良武藝高強毫不保留的奉獻,可是他們最後都快樂了嗎?塞上牛羊空許約,漸漸長大便發現,努力、智慧、愛心並不能帶給自己或他人最好的日子,而通往幸福的關竅似乎要比目前明白的事物多了更多的東西:也許是一些馬基維利式的、不必然帶有惡意的機心;也許是一種不必然邪惡,但性格率真之人難以學會的進退之道。進有時,退有時,由愛故生憂,由愛故生怖,有人說金庸是成人的童話,我以為其也有非常、非常寫實的成分。

說到進退,兩次發燒的時候,都把蔣勳的留十八分鐘給自己打開來聽。「詩總是要再退一步的。」不曉得何時開始,總是叫自己最喜歡的事物後退。除了大考後的晚上,已經很久沒有心安理得地看書了,似乎永遠有比做自己最喜愛的事還來得重要的事。總是在半夜突然想起,原來我當過童軍、原來我曾經每個星期跋山涉水、原來我曾經為看書廢寢忘食、原來我可以在不傷害人的前提下,毫無顧忌敞開心胸認識人、原來我不會因為聽到某些特質就把心中的大門關上、原來我曾經寬容過,雖然彼時未必懂得使用這個詞彙。

原來在一切還沒有名字之前,世界如此寬闊。

而今終於變成小時候引領期盼的大學生,但世界並沒有如期變大。始終認為衣襟帶風,晚風吹過的樹林就是美的極致、認為在有難時仗劍相護就是一輩子所能期盼最美的精神了、然而一直在腦中盤旋不去的問題是:為什麼現在不是過著這樣的生活呢?

俠有很多種,最難練成的武功也許總是最現實的、而學會處理現實不必然等於通往墮落,它甚至更可能有辦法真正補足缺陷、濟弱扶傾、帶給他人與自己幸福。我是深信這個道理的,即便現在依然深信。只是日日淹沒於前進、前進、再前進的人海中,很多疑問突然冒了出來,若要縮減為一句話卻又不可能,於是欲言又止。青衫磊落險峰行,少年游的路,我還沒有看清。

再次恭祝金老爺子生日快樂,感謝金庸給了我另一個世界觀。至於為什麼非得在今天寫下這些,是因為我不想再退任何一步了。願往後能繼續寫金庸系列的感想。

 

 

(註一)金庸武俠作品的第一個字可以串成對聯:「飛雪連天社白鹿,笑書神俠倚碧鴛」。

後記:這篇的確是在金庸生日時發的,只是重開部落格,所以重新發文