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)

The relationship between fear and courage has been discussed in terms of opposite though mutually involving notions. However, their link has not been inquired extensively. Recently, new light has been shed on the topic thanks to recent empirical evidence within emotion theories that stress the role played by perception and/or cognition in the experience of fear, as well as the role played by the “emotional virtue” of courage in fear regulation. Questions arise whether fear has a fundamentally perceptual structure or (...) is a biologically-grounded natural kind, and whether such an emotion-related virtue as courage is intrinsically or extrinsically related to fear. This paper considers the last problem first, then enlarges the picture to fear modeling, finally drives some conclusions which aim at deepening the relationship between fear and courage. As a result, it emerges that the emotion of fear has a conceptual, emotional, situational and subjective dimension. Assuming fear as a possible emotional center within the subject’s cognitive experience, the virtue of courage appears to balance the excess and lack of fear, and is consequently related to rational thoughts and consistent behavior, laying the foundations for a new Aristotelian-Thomistic account for it. (shrink)