I argue that emotional sensitivity (or insensitivity) has a marked negative influence on ethical perception. Diminished capacities of ethical perception, in turn, mitigate what we are morally responsible for while lack of such capacities may altogether eradicate responsibility. Impairment in ethical perception affects responsibility by affecting either recognition of or reactivity to moral reasons. It follows that emotional insensitivity (together with its attendant impairment in ethical perception) bears saliently on moral responsibility. Since one distinguishing mark of the psychopath is emotional (...) insensitivity, emotional insensitivity and the resulting impairment in moral perception either excuses the psychopath from moral culpability or moderates the degree to which he is culpable. (shrink)

The research into the typical behavioral pattern, motivational structure, and the value system of psychopaths can shed light on at least three aspects related to the analysis of the moral agency. First, it can help elucidating the emotive and cognitive conditions necessary for moral performance. Secondly, it can provide empirical evidence supporting the externalist theories of moral motivation. Finally, it can bring into greater focus our intuitive notion of the limits of moral responsibility. In this paper I shall concentrate on (...) the last one—the question of responsibility of the amoralists, but the discussion will have an indirect bearing on the other two themes as well. My main reason for holding psychopaths morally responsible breaks down into two claims: the assumption that most ordinary people are morally responsible for their intentional actions and the denial that the psychopaths are qualitatively different from the non-psychopaths. This thesis is further defended against two objections. First, I am arguing that the genetically based emotive deficiency of the psychopaths cannot be seen the factor condemning them to amoral existence, and thus cannot be cited as an exempting condition. Secondly, my position is defended against the claim that psychopaths are partly responsible for their actions. It is argued that the notion of partial responsibility is either incoherent or else rests on a false empirical premise. My conclusion is in agreement with, and provides a theoretical justification for, the position of most classifications of the persons with antisocial personality disorder in the DSM IV. (shrink)

In many jurisdictions, an offender’s remorse is considered to be a relevant factor to take into account in mitigation at sentencing. The growing philosophical interest in the use of neurointerventions in criminal justice raises an important question about such remorse-based mitigation: to what extent should technologically facilitated remorse be honoured such that it is permitted the same penal significance as standard instances of remorse? To motivate this question, we begin by sketching a tripartite account of remorse that distinguishes cognitive, affective (...) and motivational elements of remorse. We then describe a number of neurointerventions that might plausibly be used to enhance abilities that are relevant to these different elements of remorse. Having described what we term the ‘moral value’ view of the justification of remorse-based mitigation, we then consider whether using neurointerventions to facilitate remorse would undermine its moral value, and thus make it inappropriate to honour such remorse in the criminal justice system. We respond to this question by claiming that the form of moral understanding that is incorporated into a genuinely remorseful response grounds remorse’s moral value. In view of this claim, we conclude by arguing that neurointerventions need not undermine remorse’s moral value on this approach, and that the remorse that such interventions might facilitate could also be authentic to the recipient of the neurointerventions that we discuss. (shrink)

There are some distinct methodological challenges, and possible pitfalls, for neuroethics when it evaluates neuroscientific results and links them to issues such as moral or legal responsibility. Some problems emerge in determining the requirements for responsibility. We will show how philosophical proposals in this area need to interact with legal doctrine and practice. Problems can occur when inferring normative implications from neuroscientific results. Other problems arise when it is not recognized that data about brain anatomy or physiology are relevant to (...) the ascription of responsibility only when they are significantly correlated with the psychological capacities contemplated by the legal formulations of responsibility. We will demonstrate this by considering two significant cases concerning psychopathy. Some paradigms that aim at measuring higher-order capacities, such as moral understanding, have limited validity. More robust paradigms for the study of learning in restricted controlled conditions, on the other hand, have limited ecological validity across individuals and context to be of any use for the law. (shrink)

It is common for philosophers to argue that psychopaths are not morally responsible because they lack some of the essential capacities for morality. In legal terms, they are criminally insane. Typically, however, the insanity defense is not available to psychopaths. The primary reason is that they appear to have the knowledge and understanding required under the M’Naghten Rules. However, it has been argued that what is required for moral and legal responsibility is ‘deep’ moral understanding, something that psychopaths do not (...) have either due to their lacking empathy or practical reason. In the first part of the paper, I argue that psychopaths do not lack the abilities required for deep moral understanding, although they have deficits in those areas. According the M’Naghten Rules, therefore, psychopaths are not insane. Under a less strict formulation of the insanity plea, like the Model Penal Code, however, there is a good case to be made for their lacking substantial capacity. I argue that because psychopathy is an essentially moral disorder, and because of the nature of psychopathic violence, psychopaths should not be excused under the insanity plea. It would be tantamount to excusing someone for committing a crime because they are bad. Arguably, this contravenes the entire system of law. (shrink)

Many of us will find it intuitive that there exists an important link between the ability to feel for others on the one hand and the ability to care for them and attend to their needs on the other—that is, between a capacity for empathy and a capacity for morality. But spelling out the details is hard to do. Not only must we say something about what having these distinct capacities amounts to; there is also the problem of specifying how (...) precisely empathy enables morality. Does empathy provide cognitive or epistemic support, insofar as it enhances a person’s moral sensibilities? Or does it simply provide motivational support by way of raising the likelihood of morally praiseworthy behaviour? We may also ask questions in the other direction: to what extent (if any) does a capacity for morality implicate or enhance a capacity for empathy? (shrink)

Psychopathy involves impaired capacity for prudential and moral reasoning due to impaired capacity for empathy, remorse, and sensitivity to fear-inducing stimuli. Brain abnormalities and genetic polymorphisms associated with these traits appear to justify the claim that psychopaths cannot be morally responsible for their behavior. Yet psychopaths are capable of instrumental reasoning in achieving their goals, which suggests that they have some capacity to respond to moral reasons against performing harmful acts and refrain from performing them. The cognitive and affective impairment (...) of the psychopath justifies mitigated responsibility, but not excuse. (shrink)

One clear reason why human agents often act badly is because they are insufficiently attentive to moral considerations and concerns, or tempted to ignore these in pursuit of more immediate satisfactions. In so far as madness, insanity or mental instability may be regarded as undermining moral agency, it might also be supposed that such madness attaches more to the non-moral than the moral reasons or motives of agents. Still, the well-known quote from Chesterton at the start of this paper may (...) give pause to conventional thought on this matter. With reference to the ideas of Plato and Freud, as well as attention to literary and cinematic "case studies," this paper argues that moral reasons and motives – of an apparently Chestertonian kind – may be a prime source of morally "insane" conduct. (shrink)

When a person performs or fails to perform a morally significant action, we sometimes think that a particular kind of response is warranted. Praise and blame are perhaps the most obvious forms this reaction might take. For example, one who encounters a car accident may be regarded as worthy of praise for having saved a child from inside the burning car, or alternatively, one may be regarded as worthy of blame for not having used one's mobile phone to call for (...) help. To regard such agents as worthy of one of these reactions is to ascribe moral responsibility to them on the basis of what they have done or left undone. (These are examples of other-directed ascriptions of responsibility. The reaction might also be self-directed, e.g., one can recognize oneself to be blameworthy). Thus, to be morally responsible for something, say an action, is to be worthy of a particular kind of reaction —praise, blame, or something akin to these—for having performed it.[1.. (shrink)

A pressing and difficult practical problem concerns the general issue of the right social response to offenders classified as having antisocial personality disorder. This paper approaches this general problem by focusing, from a philosophical perspective, on the still relevant but more approachable question whether psychopathic offenders are morally responsible. In particular, I investigate whether psychopaths possess moral understanding. A plausible way to approach the last question requires a satisfactory philosophical interpretation of the empirical evidence that appears to show that psychopaths (...) fail to draw the distinction between conventional and moral norms. Specifically, I will consider a recent philosophical debate polarized between supporters of rationalist and sentimentalist accounts of moral understanding. These opponents have discussed whether the case of psychopathy offers empirical support for their account and undermine the rival view. I will argue that the available empirical data leave the outcome of this discussion indeterminate. However, this implies that both these principal theories of moral understanding, if independently motivated, would imply that psychopaths have certain deficits that might affect their moral understanding and, consequently, their moral responsibility. (shrink)

Gorući i težak praktički problem vezan je uz opće pitanje ispravnog društvenog odgovora na prijestupnike klasificirane kao osobe s antisocijalnim poremećajem ličnosti. Članak prilazi ovom općem problemu fokusirajući se, iz filozofske perspektive, na još uvijek važno ali lakše dohvatljivo pitanje jesu li psihopatski prijestupnici moralno odgovorni. Posebno se istražuje imaju li psihopati mogućnost moralnog razumijevanja. Vjerodostojni pristup posljednjem pitanju zahtijeva zadovoljavajuću filozofsku interpretaciju empirijskog dokaza koji pokazuje da psihopati ne uspijevaju naći razliku između konvencionalnih i moralnih normi. Preciznije, uzet ću (...) u obzir nedavnu filozofsku raspravu polariziranu između pobornika racionalističkog i sentimentalističkog objašnjenja moralnog razumijevanja. Ovi su suparnici otvorili raspravu nudi li slučaj psihopatije empirijsku potporu za njihovo objašnjenje i potkopava suparnički pogled. U radu tvrdim da dostupni empirijski podaci ostavljaju ishod ove rasprave neodlučenim. To implicira da bi obje teorije moralnog razumijevanja, ako su neovisno motivirane, uzele u obzir psihopate kao osobe koje imaju određene nedostatke koje bi mogle utjecati na njihovo moralno razumijevanje a stoga i na njihovu moralnu odgovornost. (shrink)