Behave: The Biology of Humans at Our Best and Worst

In this chapter, Sapolsky argues for an overhaul of the criminal justice system based on a deep integration of what we already know about the biological factors causing behavior but are unwilling to apply. Although Sapolsky clearly does not favor many of the topics he discusses from a scientific perspective, such as the science of genocide or conformity, this is Sapolsky’s most sustained and specific critique of an existing social system.

Sapolsky starts by listing several highly important topics in scientific reform to criminal justice. Sapolsky refers to these as “liberal reforms” (those focused on human rights, equality, and the correcting the systemic biases of the system). He compares these efforts to Johann Weyer’s 16th-century treatise for minor, scientifically informed reform to witch-hunt procedures, which were adopted but still left the industry of witch-hunting intact. This is “imposing some sound thinking in one tiny corner of an irrational edifice” (584). For Sapolsky, such partial reforms are insufficient. “Something more extreme is needed” (584). Another way to think of this critique is that each of these liberal reforms is about correcting an individual injustice within the justice system, such as unfair treatment of minorities. Sapolsky’s argument is that instead we need a complete epistemological overhaul of the very idea the system is based on, which is the idea of guilt’s connection to free will.