I argue that psychopathy undermines three common assumptions typically invoked in favor of moderate reasons responsive theories of moral responsibility. First, I propose a theory of psychopathic agency and claim that psychopathic agency suggests that the systems underlying receptivity to reason bifurcate into at least two sub-systems of receptivity. Next, I claim that the bifurcation of systems for receptivity suggests that reactivity is not “all of a piece” but that it too decomposes into at least two subsystems. Lastly, I argue (...) that prior attempts by Fischer and Ravizza to address these concerns contain an appeal to internalism. Since Fischer and Ravizza want their theory to remain agnostic about the nature of reasons for action, this appeal to internalism is problematic for their view. I close by suggesting that if we are to make sense of when and why psychopaths are responsible then a mechanism-based theory of responsibility must be able to explain how different systems of receptivity and reactivity come together to constitute a single mechanism that grounds responsibility ascriptions for action and they must do so without tacitly appealing to implausible forms of internalism about reasons for action. (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)

Control accounts of moral responsibility argue that agents must possess certain capacities in order to be blameworthy for wrongdoing. This is sometimes thought to be revisionary, because reflection on our moral practices reveals that we often blame many agents who lack these capacities. This paper argues that Control accounts of moral responsibility are not too revisionary, nor too permissive, because they can still demand quite a lot from excused wrongdoers. Excused wrongdoers can acquire duties of reconciliation, which require that they (...) improve themselves, make reparations for the harm caused, and retract the meaning expressed in the original wrong. Failure to do these things expresses a lack of regard for the victims, and can make those wrongdoers appropriate targets of blame. (shrink)

Psychopathy presents a difficult challenge to moral and criminal responsibility theorists. Persons with the disorder have an impaired capacity for empathy and other moral emotions, and fail to feel the force of moral considerations. They have some rational impairments, but they reason adequately to manipulate, con, and exploit their victims, and otherwise to engage successfully in antisocial behavior. Is it appropriate to hold them morally responsible for their wrongdoing? Should the law hold psychopaths criminally responsible? This essay discusses philosophical debates (...) involved in addressing these questions. (shrink)

The recent debate over the moral responsibility of psychopaths has centered on whether, or in what sense, they understand moral requirements. In this paper, I argue that even if they do understand what morality requires, the content of their actions is not of the right kind to justify full-blown blame. I advance two independent justifications of this claim. First, I argue that if the psychopath comes to know what morality requires via a route that does not involve a proper appreciation (...) of what it means to cause another harm or distress, the content of violations of rules against harm will be of a lower grade than the content of similar actions by normal individuals. Second, I argue that in order to intend a harm to a person?that is, to intend the distinctive kind of harm that can only befall a person?it is necessary to understand what personhood is and what makes it valuable. The psychopath's deficits with regard to mental time travel ensure that s/he cannot intend this kind of harm. (shrink)

The recent debate over the moral responsibility of psychopaths has centered on whether, or in what sense, they understand moral requirements. In this paper, I argue that even if they do understand what morality requires, the content of their actions is not of the right kind to justify full-blown blame. I advance two independent justifications of this claim. First, I argue that if the psychopath comes to know what morality requires via a route that does not involve a proper appreciation (...) of what it means to cause another harm or distress, the content of violations of rules against harm will be of a lower grade than the content of similar actions by normal individuals. Second, I argue that in order to intend a harm to a person—that is, to intend the distinctive kind of harm that can only befall a person—it is necessary to understand what personhood is and what makes it valuable. The psychopath's deficits with regard to mental time travel ensure that s/he cannot intend this kind of harm. (shrink)

Do psychopaths make moral judgments but lack motivation? Or are psychopaths’ judgments are not genuinely moral? Both sides of this debate seem to assume either externalist or internalist criteria for the presence of moral judgment. However, if moral judgment is a natural kind, we can arrive at a theory-neutral criterion for moral judgment. A leading naturalistic criterion suggests that psychopaths have an impaired capacity for moral judgment; the capacity is neither fully present nor fully absent. Psychopaths are therefore not counterexamples (...) to internalism. Nonetheless, internalism is empirically problematic because it is unable to explain psychopaths’ moral deficits. (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)

De Re Significance accounts of moral appraisal consider an agent’s responsiveness to a particular kind of reason, normative moral reasons de re, to be of central significance for moral appraisal. Here, I argue that such accounts find it difficult to accommodate some neuroatypical agents. I offer an alternative account of how an agent’s responsiveness to normative moral reasons affects moral appraisal – the Reasonable Expectations Account. According to this account, what is significant for appraisal is not the content of the (...) reasons an agent is responsive to, but rather whether she is responsive to the reasons it is reasonable to expect her to be responsive to, irrespective of their content. I argue that this account does a better job of dealing with neuroatypical agents, while agreeing with the De Re Significance accounts on more ordinary cases. (shrink)

I argue that there are some situations in which it is praiseworthy to be motivated only by moral rightness de dicto, even if this results in wrongdoing. I consider a set of cases that are challenging for views that dispute this, prioritising concern for what is morally important in moral evaluation. In these cases, the agent is not concerned about what is morally important, does the wrong thing, but nevertheless seems praiseworthy rather than blameworthy. I argue that the views under (...) discussion cannot accommodate this, and should be amended to recognise that it is often praiseworthy to be motivated to do what is right. (shrink)

Almost everyone allows that conditions can obtain that exempt agents from moral responsibility—that someone is not a morally responsible agent if certain conditions obtain. In his seminal Freedom and Resentment, Peter Strawson denies that the truth of determinism globally exempts agents from moral responsibility. As has been noted elsewhere, Strawson appears committed to the surprising thesis that being an evil person is an exempting condition. Less often noted is the fact that various Strawsonians—philosophers sympathetic with Strawson’s account of moral responsibility—at (...) least appear to have difficulty incorporating evil persons into their accounts of moral responsibility. In what follows, I argue that Strawson is not committed to supposing that being evil is an exempting condition—at least, that he can allow that evil persons are morally responsible agents. (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)