This paper investigates, from a philosophical perspective, whether high functioning autists are legally responsible for the crimes they may commit. We do this from the perspective of the Croatian legal system. According to Croatian Criminal Law, but also criminal laws adopted in many other countries, the legal responsibility of the person is undermined due to insanity when two conditions are satisfied. The first may be called the incapacity requirement. It states that a person, when committing the crime, suffers cognitive or (...) volitional incapacities or limited capacities that are relevant for exculpation. The second, we may call the mental disorder requirement, which states that these exculpatory incapacities are due to the presence of a mental disorder. In this paper we focus on the incapacity requirement. The review of the studies on executive functions deficits associated with high-functioning autism suggests that many autists should not be held categorically responsible for the crimes they may commit. Nonetheless, we argue that these impairments in executive functions generally do not provide an unqualified excuse. (shrink)

In this paper, we focus on the propensity toward identifying natural kinds with successful scientific categories in contemporary discussions of natural kinds within the philosophy of science. Success in this case is understood as the fulfillment of epistemic interests or goals in a given field of scientific research. The prevailing view is that, in order to have a theory of natural kinds that successfully captures current scientific practice, the relevant epistemic interests are the current interests of scientists working in a (...) particular field. In contrast, we concur with the Franklin-Hall (2015) that a wider range of possible interests needs to be taken into account, in order to avoid making natural kinds too dependent on the current stage of research. But unlike Franklin-Hall who suggests looking for an intersection between the interests and goals of current epistemic agents and our neighboring epistemic agents (the categorical bottleneck view), we advocate the view that all these different interests and goals need to be taken into account, and thus our view takes into account a much wider range of categories. (shrink)

The supporters of the neurodiversity movement contend that autism is not a mental disorder, but rather a natural human variation. In a recent paper Jerome Wakefi eld, David Wasserman and Jordan Conrad (2020) argued against this view relying on Wakefi eld’s harmful dysfunction theory of mental disorder (the HD theory). Although I argue that the HD theory is problematic, I contend that arguments offered by Wakefi eld et al. (2020) against those of the neurodiversity movement are plausible, except in one (...) respect: their claim that high functioning autism in general is not a disorder is not well supported. I argue instead that the disorder status of high-functioning autistic persons should be judged on a case-by-case basis, depending on the harmfulness of the condition. In this regard, I maintain that the list of basic psychological capacities provided by George Graham (2010) provides an adequate conceptualization of harm. Moreover, I show how this framework may offer an appropriate tool for a case-by-case assessment of harm associated with high-functioning autism. (shrink)