Could neuroimaging evidence help us to assess the degree of a person’s responsibility for a crime which we know that they committed? This essay defends an affirmative answer to this question. A range of standard objections to this high-tech approach to assessing people’s responsibility is considered and then set aside, but I also bring to light and then reject a novel objection—an objection which is only encountered when functional (rather than structural) neuroimaging is used to assess people’s responsibility.

Philosophical compatibilism reconciles moral responsibility with determinism, and some neurolaw scholars think that it can also reconcile legal views about responsibility with scientific findings about the neurophysiological basis of human action. Although I too am a compatibilist, this paper argues that philosophical compatibilism cannot be transplanted “as-is” from philosophy into law. Rather, before compatibilism can be re-deployed, it must first be modified to take account of differences between legal and moral responsibility, and between a scientific and a deterministic world view, (...) and to address a range of conceptual, normative, empirical and doctrinal problems that orbit its capacitarian core. (shrink)

Current developments in empirical moral psychology have spawned a new perspective on the traditional metaethical question of whether moral judgment is based on reason or emotion. Psychologists and cognitive neuroscientists such as Joshua Greene argue that there is empirical evidence that emotion is essential for one particularly important subclass of moral judgments: so-called ?deontological judgments.? In this paper, I scrutinize this claim and argue that neither the empirical evidence for Greene's dual process-theory of moral judgment nor the normative conclusions it (...) is supposed to yield can be maintained. More specifically, I argue that the evidence from neuroimaging relies on a problematic reverse inference, that the behavioral data are flawed, and that the findings from focal brain damage do not support the model. From a normative point of view, Greene fails to show that we ought to discount the intuitions that give rise to deontological judgments because they respond to morally irrelevant factors: firstly, I show that they do not pick up on the factors Greene deems to be morally irrelevant in the first place, and secondly, I argue that there generally is reason to trust our deontological intuitions. (shrink)

Jonathan Haidt ( 2001 ) advances the 'Social Intuitionist' account of moral judgment , which he presents as an alternative to rationalist accounts of moral judgment , hitherto dominant in psychology. Here I consider Haidt's anti-rationalism and the debate that it has provoked in moral psychology , as well as some anti-rationalist philosophical claims that Haidt and others have grounded in the empirical work of Haidt and his collaborators. I will argue that although the case for anti-rationalism in moral psychology (...) based on the work of Haidt and his collaborators is plausible , a decisive case has yet to be made. It will require further experimental evidence before a decisive case could be made. My assessment of anti-rationalist philosophical arguments that are grounded in the empirical work of Haidt and his collaborators is much more negative than this. I will argue that this body of empirical work is a very unpromising basis for such arguments. (shrink)