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Psychopathy and the law: the United States experience

In Luca Malatesti & John McMillan (eds.), Responsibility and Psychopathy: Interfacing Law, Psychiatry and Philosophy. Oxford University Press, Usa. pp. 41 (2010)

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  1. Defending psychopathy: an argument from values and moral responsibility.Luca Malatesti & John McMillan - 2014 - Theoretical Medicine and Bioethics 35 (1):7-16.
    How psychopaths and their capacity for moral action are viewed is not only philosophically interesting but is also important and relevant for policy. The philosophical discussion of psychopathy has focussed upon the psychological faculties that are prerequisites for moral responsibility and empirical findings regarding psychopathy that are relevant to philosophical accounts of moral understanding and motivation. However, there are legitimate worries about whether psychopathy is a robust scientific construct, and there are risks attached to reifying psychopathy or other psychiatric constructs. (...)
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  • On Blaming and Punishing Psychopaths.Marion Godman & Anneli Jefferson - 2017 - Criminal Law and Philosophy 11 (1):127-142.
    Current legal practice holds that a diagnosis of psychopathy does not remove criminal responsibility. In contrast, many philosophers and legal experts are increasingly persuaded by evidence from experimental psychology and neuroscience indicating moral and cognitive deficits in psychopaths and have argued that they should be excused from moral responsibility. However, having opposite views concerning psychopaths’ moral responsibility, on the one hand, and criminal responsibility, on the other, seems unfortunate given the assumption that the law should, at least to some extent, (...)
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