June 26, 2019

The Culture of Law (Part 3): We Wuz Brainwashed

rhodesThis is from Wikipedia, on cultural neuroscience:

Similar to other interdisciplinary fields such as social neuroscience, cognitive neuroscience, affective neuroscience, and neuroanthropology, cultural neuroscience aims to explain a given mental phenomenon in terms of a synergistic product of mental, neural and genetic events.

Heady stuff — quite literally. In this series, we’ll look at all those factors — mental, neural, and genetics. I know… but stay with me here… this is good stuff.

In his landmark book, Brain and Culture: Neurobiology, Ideology, and Social Change, professor of psychiatry at Yale Medical School Bruce E. Wexler declared that “concordance between internal structure and external reality is a fundamental human neurobiological imperative.”

That “concordance” he speaks of is the peace of mind we’ve been talking about. It’s a brain necessity: our brains work on culture all the time. They do this mostly undisturbed most of the time, but not always. There are particularly intense formative periods of our lives when our brains are particular alive to shifting their cultural points of view.

Dr. Wexler speaks of “the importance of a close fit between internal neuropsychological structures created to conform with an individual’s sensory and interpersonal environment at the time of development, and the environment in which the adult individual later finds him or herself.” (My emphasis.) Those “times of development” are the key to cultural creation.

Not surprisingly, one of those times is adolescence, which from a brain point of view lasts until age 25-27. New cultural possibilities abound when we come of age, and we make choices from the cultural contexts we are exposed to during that time, literally activating and de-activating genes as we do so. (Which explains why our kids aren’t like us.) Then, during our adult lives, our brains and our external lives settle into creating concordance with our adolescent cultural choices.

That’s exactly what happens to our brains when we enter the legal profession. Think about it: many law students are under 25-27; nothing personal, but their brains aren’t all there yet. What’s especially missing are the portions that govern learning and sound judgment. (This explains why older law students experience law school differently than students right out of college — something you probably noticed if you were an older student yourself, but probably didn’t if you weren’t.) Add the stress of law school to normal adolescent brain development, and you’ve got culture formation on steroids.

Although older law students have organically mature brains, stress pulls them into a comparable state of adolescent-like brain patterning, in a process comparable to what happens during boot camp. A former Marine Corps drill sergeant told me how they “greeted” new recruits, stomping into their barracks at 3:00 a.m., shouting and cracking whips. “We had to do that,” he said, “Otherwise they weren’t going to survive boot camp, let alone the kind of combat we send them into.” Once they’d been torn down, the newly malleable recruits were built back up — thoroughly enculturated into the Marine way.

Like them, law students younger and older enter law practice (the equivalent of Wexler’s “environment in which the adult individual later finds him or herself”) with brains primed to reinforce the cultural choices we made in that stressful context.

We wuz brainwashed, all of us. No kidding.

For a user-friendly analysis of adolescent brain development, see Change Your Brain Change Your Life Before 25, by Jesse Payne. Jesse is the son-in-law of celebrity psychiatrist Dr. Daniel Amen. His courtship of Dr. Amen’s daughter required a brain scan conducted by his famous future father-in-law.

A collection of Kevin Rhodes’ Legal Connection blog posts for the past three years is now available in print from Amazon. Also available from Amazon as a Kindle, and as an ebook from Barnes & Noble, iTunes, Smashwords, and Scribd.

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  1. […] Medical School, and his book, Brain and Culture: Neurobiology, Ideology, and Social Change a couple posts back. He’s the guy who talked […]

  2. […] McGilchrist has been our guide before in our consideration of brain-based culture. Let’s hear from him one last […]

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