This article considers whether psychopaths should be held criminally responsible. After describing the positive law of criminal responsibility in general and as it applies to psychopaths, it suggests that psychopaths lack moral rationality and that severe psychopaths should be excused from crimes that violate the moral rights of others. Alternative forms of social control for dangerous psychopaths, such as involuntary civil commitment, are considered, and the potential legal implications of future scientific understanding of psychopathy are addressed.

Psychopathy is often characterized in terms of what I call “the language of disorder.” I question whether such language is necessary for an accurate and precise characterization of psychopathy, and I consider the practical implications of how we characterize psychopathy—whether as a biological, or merely normative, disorder.

Psychopathy, executive functions, and neuropsychological data: a response to Sifferd and Hirstein.

Psychopathy is typically characterized as a constellation of deviant personality traits and behavioral tendencies. The link between psychopathic personality traits and pervasive antisocial behavior raises a crucial question concerning the legal accountability of offenders with psychopathy. Some argue that the unique clinical profile and neurobiological peculiarities of individuals with psychopathy mitigate their responsibility, while others maintain that current scientific knowledge does not support the use of psychopathy as an exculpatory condition for criminal offending. Our overview mainly (...) centeres on whether offenders with psychopathy can be considered legally insane. In this regard, our overview suggests that there is still an ongoing debate whether psychopathy should be used as a legally relevant construct for determining criminal responsibility. Moreover, our discussion indicates that careful attention should be put on empirical and conceptual issues surrounding the role of (neuro)scientific data for determining whether individuals with psychopathy should be considered criminally blameworthy for their wrongdoings. (shrink)

The chapter offers a philosophical account of the capacity to recognise moral considerations to be used in investigating whether psychopaths are amoral, as opposed to immoral. The author criticizes Simon Baron-Cohen and James Blair et al., who maintain that psychopaths are amoral insofar they lack empathy, for endorsing a sentimentalist account of moral understanding. Moreover, the author criticizes Kant's version of rationalism for assuming an impersonal notion of moral rationality that is unconstrained by specific human features. He offers, instead, an (...) account of moral rationality in the spirit of Philippa Foot's Aristotelian inspired proposal. According to this view, moral rationality is a type of rationality that depends on the capacities for empathy, developing feelings of benevolence and resistance to causing harm. Although some psychopaths are irrational in other ways, the author suggest that central to psychopathy is a failure of moral rationality. (shrink)

Whether psychopathy is a mental disease or illness can affect whether psychiatrists should treat it and whether it could serve as the basis for an insanity defense in criminal trials. Our understanding of psychopathy has been greatly improved in recent years by new research in psychology and neuroscience. This illuminating research enables us to argue that psychopathy counts as a mental disease on any plausible account of mental disease. In particular, Szasz's and Pickard's eliminativist views and Sedgwick's (...) social constructivist account of mental illness that might exclude psychopathy are not plausible, and there is no reason to exclude psychopathy under Boorse's and Scadding's biomedical accounts, Wakefield's harmful dysfunction account, and the DSM-IV-TR objective harm account of mental disease. The basic reason is that psychopathy involve neural dysfunction that increases risk of serious harm and loss to people with psychopathy. (shrink)

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. We defend the concept of psychopathy by pointing out the relevance of empirical studies about it for our ordinary practices of ascribing moral responsibility and folk psychological accounts of moral understanding and motivation. (shrink)

In popular culture psychopaths are inaccurately portrayed as serial killers or homicidal maniacs. Most real-world psychopaths are neither killers nor maniacs. Psychologists currently understand psychopathy as an affective disorder that leads to repeated criminal and antisocial behavior. Counter to this prevailing view, I claim that psychopathy is not necessarily linked with criminal behavior. Successful psychopaths, an intriguing new category of psychopathic agent, support this conception of psychopathy. I then consider reactive attitude theories of moral responsibility. Within this (...) tradition, psychopaths are thought to be blameless as a result of their pronounced affective deficits. Psychopaths are considered morally blind because they lack the moral emotions that make us sensitive to moral reasons. I argue that, even if they are morally blind, psychopaths remain open to forms of blame stemming from non-moral reactive attitudes. These reactive attitudes remain appropriate because psychopaths can express hateful, disgusting, or contemptible non-moral values in their judgments. (shrink)

In their paper “Is psychopathy a mental disease?”, Thomas Nadelhoffer and Walter Sinnott-Armstrong argue that according to any plausible account of mental disorder, neural and psychological abnormalities correlated with psychopathy should be regarded as signs of a mental disorder. I oppose this conclusion by arguing that at least on a naturalistically grounded account, such as Wakefield’s ‘Harmful Dysfunction’ view, currently available empirical data and evolutionary considerations indicate that psychopathy is not a mental disorder.

Corporate psychopathy thrives perhaps as the most significant threat to ethical corporate behaviour around the world. We argue that Human Resources Management professionals should formulate strategic solutions metaphorically by balancing what strategic military planners famously call ‘Search and Destroy’ and ‘Hearts and Minds’ counter-terrorist strategy. We argue that these military metaphors offer creative inspiration to help academics and practitioners theorise CP in richer, more reflective and more balanced and complementary ways. An appreciation of both metaphors is likely to favour (...) the use of hybrid strategies comprising SD and HM elements, which may provide the best HRM solutions to CP for the same reasons as the military now considers parallel hybrid solutions optimal for combating terrorist and guerrilla insurgency. (shrink)

This chapter examines the status of psychopathy as a scientific kind. I argue that the debate on the question whether psychopathy is a scientific kind as it is conducted at present (i.e., by asking whether psychopathy is a natural kind), is misguided. It relies too much on traditional philosophical views of what natural kinds (or: legitimate scientific kinds) are and how such kinds perform epistemic roles in the sciences. The paper introduces an alternative approach to the question (...) what scientific (or: natural) kinds are. On this alternative approach, the Grounded Functionality Account of natural kinds, psychopathy emerges as a “good” scientific kind that is best understood as a region on a multidimensional space of behaviors rather than as a traditional natural kind. (shrink)

A response to two commentaries by Gwen Adshead and Shaun Gallagher on my feature article "Internalism, Emotionism, and the Psychopathy Challenge".

The Hare Psychopathy Checklist (PCL; Hare, Neumann, & Mokros 2018) scales are among the most widely used forensic assessment tools. Their perceived utility rests partly on their ability to assess stable personality traits indicative of a lack of conscience, which then facilitates behavioral predictions useful in forensic decisions. In this systematic review, we evaluate the empirical evidence behind 3 fundamental justifications for using the PCL scales in forensics, namely, that they are empirically predictive of (1) criminal behavior, (2) treatment (...) outcomes, and (3) a lack of conscience. We found the PCL scales can predict criminal behavior to a statistically significant degree, though with important limitations. We found no evidence of PCL psychopathy being predictive of treatment and rehabilitation outcomes. We found no evidence of PCL psychopathy being predictive of a lack of conscience. These findings disprove widespread beliefs about PCL psychopathy among forensic practitioners and questions the current and future role of the PCL scales in forensic settings. (shrink)

In recent years, philosophers have looked to empirical findings about psychopaths to help determine whether moral agency is underwritten by reason, or by some affective capacity, such as empathy. Since one of psychopaths’ most glaring deficits is a lack of empathy, and they are widely considered to be amoral, psychopaths are often taken as a test case for the hypothesis that empathy is necessary for moral agency. However, people with autism also lack empathy, so it is reasonable to think that (...) any empirically-informed attempt to answer the question of whether empathy is necessary for moral agency should give due attention to autism as well as psychopathy. Jeanette Kennett’s thought-provoking paper ‘Autism, Empathy and Moral Agency’ (2002) is an early and arguably the most notable example of such an attempt. Kennett argues that although autistic people and psychopaths both lack empathy, autistic people possess a ‘reverence for reason’ that enables them to become capable moral agents. By contrast, psychopaths lack this rational capacity, and it is this defect of reason rather than an empathic impairment that explains why they are amoral. Kennett thus concludes that empathy is not necessary for moral agency. In this chapter, I challenge Kennett’s argument. First, I review the empirical evidence in order to demonstrate that there is a component of empathy called affective empathy that is impaired in psychopaths but largely preserved in autistics. As such, the claim that psychopaths and autistics share a common lack of empathy is unjustified. Second, I challenge Kennett’s claim that empathy plays no role in explaining the moral difference between psychopaths and autistics. Instead, I contend that the intact affective empathy of autistic people is a crucial component of their capacity to act from reverence for reason. (shrink)

Taxometric analyses were applied to the construct of psychopathy (as measured by the Psychopathy Checklist) and to several variables reflecting antisocial childhood, adult criminality, and criminal recidivism. Subjects were 653 serious offenders assessed or treated in a maximum-security institution. Results supported the existence of a taxon underlying psychopathy. Childhood problem behaviors provided convergent evidence for the existence of the taxon. Adult criminal history variables were continuously distributed and were insufficient in themselves to detect the taxon.

Psychopathy is often used to settle disputes about the nature of moral judgment. The “trolley problem” is a familiar scenario in which psychopathy is used as a test case. Where a convergence in response to the trolley problem is registered between psychopathic subjects and non-psychopathic subjects, it is assumed that this convergence indicates that the capacity for making moral judgments is unimpaired in psychopathy. This, in turn, is taken to have implications for the dispute between motivation internalists (...) and motivation externalists, for instance. In what follows, we want to do two things: firstly, we set out to question the assumption that convergence is informative of the capacity for moral judgment in psychopathy. Next, we consider a distinct feature of psychopathy which we think provides strong grounds for holding that the capacity for moral judgment is seriously impaired in psychopathic subjects. The feature in question is the psychopathic subject’s inability to make sincere apologies. Our central claim will be this: convergence in response to trolley problems does not tell us very much about the psychopathic subject’s capacity to make moral judgments, but his inability to make sincere apologies does provide us with strong grounds for holding that this capacity is seriously impaired in psychopathy. (shrink)

Psychopathy has been the subject of investigations in both philosophy and psychiatry and yet the conceptual issues remain largely unresolved. This volume approaches psychopathy by considering the question of what psychopaths lack. The contributors investigate specific moral dysfunctions or deficits, shedding light on the capacities people need to be moral by examining cases of real people who seem to lack those capacities. -/- The volume proceeds from the basic assumption that psychopathy is not characterized by a single (...) deficit--for example, the lack of empathy, as some philosophers have proposed—but by a range of them. Thus contributors address specific deficits that include impairments in rationality, language, fellow-feeling, volition, evaluation, and sympathy. They also consider such issues in moral psychology as moral motivation, moral emotions, and moral character; and they examine social aspects of psychopathic behavior, including ascriptions of moral responsibility, justification of moral blame, and social and legal responses to people perceived to be dangerous. -/- As this volume demonstrates, philosophers will be better equipped to determine what they mean by “the moral point of view” when they connect debates in moral philosophy to the psychiatric notion of psychopathy, which provides some guidance on what humans need in order be able to feel the normative pull of morality. And the empirical work done by psychiatrists and researchers in psychopathy can benefit from the conceptual clarifications offered by philosophy. (shrink)

One of the philosophical discussions stimulated by the recent scientific study of psychopathy concerns the mental illness status of this construct. This paper contributes to this debate by recommending a way of approaching the problem at issue. By relying on and integrating the seminal work of the philosopher of psychiatry Bill Fulford, I argue that a mental illness is a harmful unified construct that involves failures of ordinary doing. Central to the present proposal is the idea that the notion (...) of failure of ordinary doing, besides the first personal experience of the patient, has to be spelled out also by referring to a normative account of idealised conditions of agency. This account would have to state in particular the conditions which are required for moral responsibility. I maintain that psychopathy is a unified enough construct that involves some harms. The question whether the condition involves also a failure of ordinary doing, as this notion is understood in this paper, is not investigated here. (shrink)

The term psychopathy refers to a personality disorder associated with callous personality traits and antisocial behaviors. Throughout its research history, psychopathy has frequently been described as a peculiar form of moral blindness, engendering a narrative about a patient stereotype incapable of taking a genuine moral perspective, similar to a blind person who is deprived of proper visual perceptions. However, recent empirical research has shown that clinically diagnosed psychopaths are morally more fit than initially thought, and the blindness-analogy now (...) comes across as largely misleading. In this contribution, the moral-blindness analogy is explored in an attempt to qualify anew its relevance in psychopathy theory and research. It is demonstrated that there are indeed theoretically relevant parallels to be drawn between blindness and psychopathy, parallels that are especially illuminating when accounting for the potential symptomatology, dimensionality, and etiological nature of the disorder. (shrink)

Psychopathy is one of the most frequently cited disorders in discussions of moral and criminal responsibility. Many philosophers and psychologists have argued that psychopaths’ impaired capacity for empathy, diminished responses to fear-inducing stimuli, and failure to conform to social norms indicate that they are not responsible for their actions. In “Philosophers on psychopaths: A cautionary tale in interdisciplinarity,” Jarkko Jalava and Stephanie Griffiths cite psychological data from case studies, the moral/conventional distinction task, fear conditioning and facial affect recognition experiments (...) in arguing that philosophers systematically misinterpret or simplify the data to support their conclusions... (shrink)

After describing the disorder of psychopathy, I examine the theories and the evidence concerning the psychopaths’ deficient moral capacities. I first examine whether or not psychopaths can pass tests of moral knowledge. Most of the evidence suggests that they can. If there is a lack of moral understanding, then it has to be due to an incapacity that affects not their declarative knowledge of moral norms, but their deeper understanding of them. I then examine two suggestions: it is their (...) deficient practical reason or their stunted emotions that are at fault. The evidence supports both explanations. I conclude with an overview of the debate concerning whether they are morally or legally responsible for their actions. (shrink)

There is an ongoing debate regarding the content of psychopathy, especially about the status of antisocial behavior and disinhibition characteristics as core psychopathy features. Psychopathic Personality Traits Scale (PPTS) represents a novel model of psychopathy based on core psychopathy markers such as Interpersonal manipulation, Egocentricity and Affective responsiveness. However, this model presupposes another narrow trait of psychopathy: cognitive responsiveness, which represents a lack of cognitive empathy. Since previous models of psychopathy do not depict this (...) feature as a core psychopathy trait, the goal of this study was to empirically evaluate if the lack of cognitive empathy is a narrow psychopathy trait or its correlate. The research was conducted on a community sample via online study (N=342; Mage=23.7 years; 31% males). Results showed that the correlations between Cognitive responsiveness and other psychopathy features were significantly lower than intercorrelations of other three traits. Factor analysis, conducted on PPTS items, provided a two-factor solution, where Cognitive responsiveness was yielded as a factor separate from other psychopathy indicators. Finally, the exploration of the shared latent space of psychopathy and cognitive empathy resulted in the two-factor solution where psychopathy and the lack of cognitive empathy were extracted as correlated but separate latent variables. The data clearly supported the former model. Research results showed that the lack of cognitive empathy should not be considered an indicator of psychopathy but its correlate. The findings emphasize the need to be cautious in conceptualization of the psychopathy construct. (shrink)

Recent debates in psychopathy studies have articulated concerns about false-positives in assessment and research sampling. These are pressing concerns for research progress, since scientific quality depends on sample quality, that is, if we wish to study psychopathy we must be certain that the individuals we study are, in fact, psychopaths. Thus, if conventional assessment tools yield substantial false-positives, this would explain why central research is laden with discrepancies and nonreplicable findings. This paper draws on moral psychology in order (...) to develop tentative theory-driven exclusion criteria applicable in research sampling. Implementing standardized procedures to discriminate between research participants has the potential to yield more homogenous and discrete samples, a vital prerequisite for research progress in etiology, epidemiology, and treatment strategies. (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)

Several scholars have recognized the limitations of theories of moral reasoning in explaining moral behavior. They have argued that moral behavior may also be influenced by moral identity, or how central morality is to one’s sense of self. This idea has been supported by findings that people who exemplify moral behavior tend to place more importance on moral traits when defining their self-concepts (Colby & Damon, 1995). This paper takes the next step of examining individual variation in a construct highly (...) associated with immoral behavior — psychopathy. In Study 1, we test the hypothesis that individuals with a greater degree of psychopathic traits have a weaker moral identity. Within a large online sample, we found that individuals who scored higher on a measure of psychopathic traits were less likely to base their self-concepts on moral traits. In Study 2, we test whether this reduced sense of moral identity can be attributed to differences in moral judgment, which is another factor that could influence immoral behavior. Our results indicated that the reduced sense of moral identity among more psychopathic individuals was independent of variation in moral judgment. These results suggest that individuals with psychopathic traits may display immoral behavior partially because they do not construe their personal identities in moral terms. (shrink)

This article proposes a formal model that integrates cognitive and psychodynamic psychotherapeutic models of psychopathy to show how two major psychopathic traits called lacks remorse and self-aggrandizing can be understood as a form of abnormal Bayesian inference about the self. This model draws on the predictive coding (i.e., active inference) framework, a neurobiologically plausible explanatory framework for message passing in the brain that is formalized in terms of hierarchical Bayesian inference. In summary, this model proposes that these two cardinal (...) psychopathic traits reflect entrenched maladaptive Bayesian inferences about the self, which defend against the experience of deep-seated, self-related negative emotions, specifically shame and worthlessness. Support for the model in extant research on the neurobiology of psychopathy and quantitative simulations are provided. Finally, we offer a preliminary overview of a novel treatment for psychopathy that rests on our Bayesian formulation. (shrink)

I present two philosophical arguments that Antisocial Personality Disorder (ASPD) and Psychopathy can be expected to be culturally variable. I argue that the ways in which people with ASPD and psychopaths can be expected to act will vary with societal values and culture. In the second part of the chapter, I will briefly review some of the empirical literature on cross-cultural variation in ASPD and psychopathy and argue that it is consistent with my philosophical claims. My conclusion in (...) this chapter is that methods of diagnosis will need to be culturally specific. A diagnostic instrument (such as the PCL-R or DSM) should not be uncritically employed in cultures that are very different from those in which it was initially developed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Psychopathy, Other-Regarding Moral Beliefs, and ResponsibilityLloyd Fields (bio)AbstractIn this paper I seek to show that at least one kind of psychopath is incapable of forming other-regarding moral beliefs; hence that they cannot act for other-regarding moral reasons; and hence that they are not appropriate subjects for the assessment of either moral or legal responsibility. Various attempts to characterize psychopaths are considered and rejected, in particular the widely held (...) view that psychopaths are, in general, incapable of understanding moral concepts. The particular disability proposed here, the incapacity to form other-regarding moral beliefs, is then derived from an analysis of what is required for someone to be a responsible agent. This is illustrated with a detailed case history. A defect of this kind is shown to vitiate moral responsibility, because it renders the psychopath irresponsive to the social pressures which normally ensure respect for moral norms. It is also shown that the psychopath is not a suitable subject for the assessment of legal responsibility, because he lacks the capacity to act from common prudence to avoid sanctions. I conclude that the attempt to characterize particular defects from among the heterogeneity of psychopathic subjects, could lead to better targeted, and hence to more effective, management of particular cases.KeywordsCriminality, mental illness, personality disorder, blame, liability, moral beliefs, guilt, social moralityIntroductionThe term “psychopath” has been used with a wide variety of different meanings and, no doubt, covers a heterogeneous group of subjects (Criminal behaviour and mental health 1992). My aim in this paper is to argue that at least a subgroup of those subjects are characterized by an inability to form other-regarding moral beliefs—and hence, for this particular reason, are not morally responsible agents—and that they also lack the capacity for prudence, and hence are not legally responsible agents.I begin by distinguishing the particular sense in which I will be using the term “psychopathy.” I then consider some suggestions in the literature regarding the defect by which psychopaths might be characterized—that they are mentally ill, or incapable of understanding moral concepts. In rejecting these, I come to the suggestion that the relevant defect is an inability to form other-regarding moral beliefs, a defect which is graphically illustrated by a case report from the literature. I explore the implication of this kind of defect for [End Page 261] moral responsibility as a socially-embedded notion, and the implication of the psychopath’s inability to exercise prudence in relation to legal liability.Nothing in this paper should be taken to suggest that psychopaths are irredeemable. On the contrary, as I argue in an endnote, correctly characterizing the defect from which they suffer leads directly to forms of treatment whose effectiveness has acquired a measure of empirical support.The Nature of PsychopathyPsychopathy is not a homogeneous concept; there are different types of psychopaths. For example, Henderson identified a type of psychopath who he classified as “Predominantly Creative,” exemplified by such figures as T. E. Lawrence and Joan of Arc. In people of this type genius is associated with heightened sensitivity, psychosexual immaturity and emotional instability (Henderson 1939, 108–20; Henderson and Gillespie 1969, 317). Predominantly creative psychopaths do not come within my purview.By “psychopathy” I shall mean the specific form of personality disorder described by Cleckley in his book, The Mask of Sanity (Cleckley 1964). Cleckley’s description forms the basis of Hare’s Revised (20-item) Psychopathy Checklist. The Checklist includes the following personality traits and deviant behaviors:1. Glibness/superficial charm.2. Grandiose sense of self-worth.3. Need for stimulation/proneness to boredom.4. Pathological lying.5. Conning/manipulative.6. Lack of remorse or guilt.7. Shallow affect.8. Callous/lack of empathy.9. Parasitic lifestyle.10. Poor behavioral controls.11. Promiscuous sexual behavior.12. Early behavior problems.13. Lack of realistic, long-term plans.14. Impulsivity.15. Irresponsibility.16. Failure to accept responsibility for own actions.17. Many short-term marital relationships.18. Juvenile delinquency.19. Revocation of conditional release.20. Criminal versatility (Hare 1986, 18). 1This conceptualization resembles in many respects the category of Antisocial Personality Disorder as described in the American Psychiatric... (shrink)

This chapter contains sections titled: Ted Bundy and Dennis Rader Psychopaths versus Psychotics The Psychopath Language and the Emotional Brain Empathy, Lack of Shame, Insincerity Fantasies The Serial Killer and Nietzsche.

The recurring claim that the construct of psychopathy is value laden often is not qualified in enough detail. The chapters in this part of the volume, instead, investigate in depth the role and significance of values in different aspects of the construct of psychopathy. Following these chapters, but also by offering a background to them, we show how certain values are involved in the characterisation of psychopathy, inform societal needs satisfied by this construct, and have a central (...) role in determining whether psychopathy is a mental disorder. Moreover, we relate this description to our criticism of the view that the entrenchment of the notion of psychopathy with values in principle renders it irreconcilable with sound psychiatric theory and practice. However, we also recognize that the value-ladenness of psychopathy leaves open other important challenges. Meeting them needs addressing interdisciplinary interrelated issues that have empirical, normative, and theoretical dimensions. (shrink)

This book explains the ethical and conceptual tensions in the use of psychopathy in different countries, including America, Canada, the UK, Croatia, Australia, and New Zealand. It offers an extensive critical analysis of how psychopathy functions within institutional and social contexts. Inside, readers will find innovative interdisciplinary analysis, written by leading international experts. The chapters explore how different countries have used this diagnosis. A central concern is whether psychopathy is a mental disorder, and this has a bearing (...) upon whether it should be used. The book’s case studies will help readers understand the problems associated with psychopathy. Academics and students working in the philosophy of psychiatry, bioethics, and moral psychology will find it a valuable resource. In addition, it will also appeal to mental health professionals working in forensic settings, psychologists with an interest in the ethical implications of the use of psychopathy as a construct and particularly those with a research interest in it. (shrink)

Neil Levy argues that the degree to which psychopaths ought to be held blameworthy for their actions depends on the extent to which they are capable of mental time travel—episodic memory and episodic foresight. Levy claims that deficits in mental time travel prevent psychopaths from fully appreciating what it is to be a person, and, without this understanding, we can at best hold psychopaths blameworthy for harming non-persons. In this paper, I build upon and clarify various aspects of Levy’s view. (...) Specifically, I begin by outlining the neurobiological data on mental time travel, and I argue that psychopaths, or at least some psychopaths, appear to have the deficits Levy ascribes to them. I then expand upon the legal implications of his argument by using an analogy between juveniles and psychopaths to argue that the penological justification for retributive punishment against psychopaths ought to be substantially diminished. (shrink)

Recent evidence that psychopathy is a nonarbitrary population, such that the trait may be categorical rather than continuous, is consistent with Mealey's distinction between primary and secondary psychopaths. Thus, there are likely to be at least two routes to criminality, and psychopathic and nonpsychopathic criminals are likely to respond differently to interventions.

In this chapter, we investigate whether psychopathy is a mental disorder. We argue that addressing this question requires engaging, at least, with three principal issues that have conceptual, empirical, and normative dimensions. First, it must be established whether current measures of psychopathy individuate a unitary class of individuals. By this we mean that persons classifed as psychopaths should share some relevant similarities that support explanation, prediction, and treatment. Second, it must be proven that psychopathy harms the person (...) who has it. Third, it must be established that the harm associated with psychopathy is relevant for the ascription of disorder status. Regarding this latter issue, we argue that psychopathy should be considered a disorder if its harmfulness derives from certain incapacities or limited capacities. These incapacities should affect basic competences that are justifably required for conducting a preferable type of life. Within this framework, we tentatively advance the hypothesis that some normatively justifed conclusions and empirical evidence about psychopathy, that needs nonetheless to be further investigated, might support the claim that people with psychopathy have a mental disorder. (shrink)

It is shown that institutions are fractals, meaning that are structurally the same as their parts, and that for this reason liberal institutions are quicker than conservative institutions to decay into a condition of abject psychopathy.

Despite the lower levels of psychopathy in women than in men, the scientific interest in studying psychopathy in female participants is increasing. Nevertheless, the number of studies investigating psychopathy in women and associated phenomena remains low. The influence of psychopathy in women inmates on experimental tasks of emotional recognition and moral judgment was evaluated, aiming to contribute to this field of research. Utilitarian moral judgment was predicted by psychopathy, specifically by primary and secondary psychopathy, (...) while primary psychopathy predicted a worse performance on the emotional recognition task. There was no significant influence of general intellectual abilities on either task. Contrarily to what was expected, emotional recognition did not prove to be a significant mediator of the relationship between psychopathy and utilitarian moral judgment. These results emphasize that the tendency to utilitarian moral judgment and worse recognition of facial expressions of emotion are associated to higher psychopathy scores in female inmates (especially primary psychopathy), but more studies are necessary to address the role of the emotional component in the process of moral judgment. (shrink)

Literature addressing organizational ethical behavior has focused intensely on cognitive moral development, and more recently the automatic and natural moral inclinations. Research addressing the incapacity for moral reasoning, such as psychopathy, is rarely addressed in organizational behavior. Our first aim is to develop a construct definition for functional psychopathy that is appropriate for organizational science and theoretically consistent with the extensive previous clinical and criminal research in this field. Second, we apply two versions of a scale not previously (...) used in business research relative to moral judgments. This scale is a self-reported measure of functional psychopathy and is useful for its relationships with ethically relevant business decisions. Further, we examine which factors emerge as having the highest relationship with ethical decision making. Third, we seek to advance the usefulness of this construct by more precisely placing psychopathy within its nomological network. With these goals in mind, a combined sample of business school seniors participated in three studies. Findings indicate a significant influence of psychopathy over a range of ethically relevant business decisions, as well as negative correlations with factors of the Moral Approbation and the Moral Awareness scales. We conclude with directions for future research and considerations for practice. (shrink)

Psychopathy continues to be a challenge in forensic contexts, and evidence of its association with destructive behaviors, such as aggressive antisocial behaviors, is extensive. However, the potential role of intelligence as moderator of the well-established association between psychopathy and aggressive antisocial behaviors has largely been neglected, despite intelligence having been independently related to both concepts. Increased knowledge of whether intelligence is relevant to this association is needed because of its possible implications on the assessment and treatment of individuals (...) with psychopathic traits and aggressive antisocial behaviors. This study aimed to investigate the association between psychopathic traits, aggressive antisocial behaviors, and intelligence in young violent offenders and to test whether intelligence moderates the relationship between psychopathic traits and aggressive antisocial behaviors. Participants were 269 male violent offenders aged 18 to 25 years, assessed on the Psychopathy Checklist-Revised (PCL-R), the Life History of Aggression (LHA), and the General Ability Index from the Wechsler Adult Intelligence Scale, 3rd edition. Associations were tested with Spearman’s rho and moderation analysis was performed through ordinary least squares regressions. The PCL-R four-facet structure was used for the analyses. We found a positive association between psychopathic traits and aggressive antisocial behaviors, and a small, negative association between the Affective PCL-R facet and intelligence. In the moderation analyses, a small yet statistically significant moderation effect of intelligence on the association between the Interpersonal facet and LHA total scores was demonstrated. However, the amount of variance in the LHA total score explained by the model was very small; 2.9%. We suggest that intelligence, however important for rehabilitation strategies and everyday functioning, is not necessarily pertinent to understanding aggressive antisocial behaviors in young offenders with psychopathic traits. (shrink)

Insurance agents are confidence-men--con men--and that is what psychopaths are; and that is why psychopaths are drawn to the insurance industry, which is the insurance industry is so tightly regulated.

Background: Psychopathy and substance use disorders are highly co-morbid and their co-occurrence is associated with higher severity of addictive behavior and increased risk of violent offending. Both substance use disorders and psychopathy are related to prominent impairments in emotion processing, which are also central features of alexithymia. The nature of the relationship between psychopathy and alexithymia is not well understood and has been particularly understudied among substance dependent individuals. Aims: Our goal was to evaluate the levels of (...) psychopathy and alexithymia in a relatively homogeneous sample of heroin dependent individuals and healthy controls and to examine group differences in the pattern of associations between these constructs. Methods: We examined 62 participants (31 heroin dependent individuals and 31 healthy controls) with the Psychopathy Checklist: Screening version (PCL:SV, Hart et al., 1995) and the Toronto Alexithymia Scale-20 (TAS-20, Bagby et al., 1994). Results: Heroin dependent individuals were characterized by higher levels of both psychopathy and alexithymia as compared to the control group. In addition, heroin dependent individuals with higher levels of psychopathy reported more difficulties in identifying and verbalizing emotional states. In the heroin group, alexithymia was more strongly associated with the impulsive/antisocial characteristics (impulsivity, irresponsibility, antisocial behavior) than with the interpersonal/affective features of psychopathy (grandiosity, manipulativeness, lack of empathy and remorse). Conclusions: Our findings suggest that alexithymia may be one potential mechanism linking psychopathy with opioid use disorders. The development of interventions targeting alexithymia could have significant applications in relapse prevention programs and psychotherapy of substance use disorders with concurrent psychopathy. (shrink)

The key questions arising from Mealey's analysis are: Do environmental factors such as early maternal rejection also contribute to the emotional deficits observed in psychopaths? Are there psychophysiological protective factors for antisocial behavior that have clinical implications? Does a disinhibited temperament and low arousal predispose to primary psychopathy? Would primary or secondary psychopaths be most characterized by prefrontal dysfunction?

In this paper, I attempt to show that the moral/conventional distinction simply cannot bear the sort of weight many theorists have placed on it for determining the moral and criminal responsibility of psychopaths. After revealing the fractured nature of the distinction, I go on to suggest how one aspect of it may remain relevant—in a way that has previously been unappreciated—to discussions of the responsibility of psychopaths. In particular, after offering an alternative explanation of the available data on psychopaths and (...) their judgments of various sorts of norm transgressions, I put forward a hybrid theory of their responsibility, suggesting how they might be criminally responsible, while nevertheless failing to meet the conditions for an important arena of moral responsibility. (shrink)

This essay articulates a conception of responsibility and excuse in terms of the fair opportunity to avoid wrongdoing and explores its implications for insanity, incompetence, and psychopathy. The fair opportunity conception factors responsibility into conditions of normative competence and situational control and factors normative competence into cognitive and volitional capacities. This supports a conception of incompetence that recognizes substantial impairment of either cognitive or volitional capacities as excusing, provided the agent is not substantially responsible for her own incompetence. This (...) conception helps frame the question whether psychopathy is excusing. The most common rationale for excusing psychopathy appeals to claims about cognitive incompetence. However, there are good philosophical and empirical reasons to be skeptical that psychopaths lack the relevant cognitive capacities. There is more to be said for a volitional rationale for excuse. The crucial question here is whether the problems psychopaths have with impulse control and conforming their behavior to the relevant moral and criminal norms are systematic enough to demonstrate genuine volitional incompetence. The available empirical evidence should leave us skeptical about the merits of this volitional rationale for excuse. (shrink)

Psychopathy, as articulated in Hare’s PCL-R, appears to reliably pick out a forensic category of troubled people. This chapter considers the use and utility of PCL-R by focussing upon two interrelated questions. Does philosophical investigation direct attention toward the issues that should interest us about psychopathy? Is being diagnosed as psychopathic or having ASPD clinically useful, as well as for judicial and sentencing purposes? While the research programmes that developed following the attention paid to psychopathy are warranted, (...) more attention could be directed to the varied nature of psychopathy and the presentations of it that Cleckley described in the Mask of Sanity. It is important to understand psychopathy as it affects lives, as well as a forensic problem. (shrink)