Consciousness and the Law

Paper Summary:

This paper analyses five higher order characteristics of consciousness as described by G. William Farthing and their role in a court of law in terms of a person's awareness of their own actions and the person's guilt or innocence of the consequences of those actions if the actions were damaging. View of consciousness and awareness of behavior are analysed from both theoretical and physiological points of view and their relationship to legal arguments.

From the Paper:

"The characteristic of continuity is another feature of consciousness that is important to consider when trying defining if the person has consciousness or not and whether or not there is intent behind and action. Continuity in consciousness points to the idea that consciousness does not stop (Farthing). This notion alludes to the idea that consciousness is such that it maintains a constant flow in terms of its persistent existence in the individual's life. This characteristic of consciousness states that there are no breaks or pauses in a person's experience of conscious living. Continuity of consciousness is also critical for the person to maintain a sense of personal identity (Farthing). Continuity allows and keeps the person constantly aware of his or her subjective reality and their part in it. "

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