When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than the content (...) itself. This makes executive processes more important to the law than consciousness, since they are responsible for channeling conscious decision-making into intentions and actions, or inhibiting action.We provide a summary of the current state of our knowledge about executive processes, which consists primarily of information about which portions of the prefrontal lobes perform which executive processes. Then we describe several examples in which legal principles can be understood as tacitly singling out executive processes, including principles regarding defendants’ intentions or plans to commit crimes and their awareness that certain facts are the case, as well as excusatory principles which result in lesser responsibility for those who are juveniles, mentally ill, sleepwalking, hypnotized, or who suffer from psychopathy. (shrink)

Questionable research practices are a well-recognized problem in psychology. Coding bias, or the tendency of review studies to disproportionately cite positive findings from original research, has received comparatively little attention. Coding bias is more likely to occur when original research, such as neuroimaging, includes large numbers of effects, and is most concerning in applied contexts. We evaluated coding bias in reviews of structural magnetic resonance imaging (sMRI) studies of PCL-R psychopathy. We used PRISMA guidelines to locate all relevant original sMRI (...) studies and reviews. The proportion of null-findings cited in reviews was significantly lower than those reported in original research, indicating coding bias. Coding bias was not affected by publication date or review design. Reviews recommending forensic applications—such as treatment amenability or reduced criminal responsibility—were no more accurate than purely theoretical reviews. Coding bias may have contributed to a perception that structural brain abnormalities in psychopaths are more consistent than they actually are, and by extension that sMRI findings are suitable for forensic application. We discuss possible sources for the pervasive coding bias we observed, and we provide recommendations to counteract this bias in review studies. Until coding bias is addressed, we argue that this literature should not inform conclusions about psychopaths' neurobiology, especially in forensic contexts. (shrink)

The question of whether psychopaths are criminally and morally responsible has generated significant controversy in the literature. In this paper, we discuss what relevance a psychopathy diagnosis has for criminal responsibility. It has been argued that figuring out whether psychopathy is a mental illness is of fundamental importance, because it is a precondition for psychopaths’ eligibility to be excused via the legal insanity defense. But even if psychopathy counts as a mental illness, this alone is not sufficient to show the (...) insanity defense is applicable; it must also be shown that, as a result of the illness, specific deficits in moral understanding or control are present. In this paper, we show that a diagnosis of psychopathy will generally not indicate that a defendant is eligible for an insanity defense. This is because the group of individuals subsumed under the diagnosis is so heterogeneous that while some psychopaths do show significant impairments in affect and control which may impact on their responsibility, many psychopaths are not incapacitated in a way relevant to responsibility. (shrink)

This thesis focuses on the evolution of human social norm psychology. More precisely, I want to show how the emergence of our distinctive capacity to follow social norms and make social normative judgments is connected to the lineage explanation of our capacity to form shared intentions, and how such capacity is related to a diverse cluster of prototypical moral judgments. I argue that in explaining the evolution of this form of normative cognition we also require an understanding of the developmental (...) trajectory of this capacity. For this purpose, the thesis is organized as follow. In the first chapter, I make some methodological remarks and provide the general overview and plan for the dissertation. In the second chapter, I explain what my explanatory target is and why it matters. On the view I am defending, shared intentional psychology gives rise to a special form of psychology that enables us to engage in social normative thinking. These norms are represented as shared intentional states. Moral psychology, in contrast, is more diverse. For moral judgments define a quite heterogeneous class of mental states—although some moral judgments may involve the representation and execution of norms, certainly not all of them do. I show that although much of our distinctive social norm psychology can be explained within the framework of shared intentionality, moral judgments cannot be unified in the same way. In the third chapter, I provide the baseline of social-cognitive capacities that serve as starting point for my lineage explanation. I argue that hominin social cognition was for a very long period of our evolutionary history essentially a matter of low-level cognitive and motivational processes. On this picture, bottom-up affective processes regulated the social lives of early hominins without requiring any special top-down mechanism of normative thinking such as a capacity for understanding and representing social norms. In the fourth chapter, I argue that human-like social norm psychology evolved as a result of the selective pressures that gave rise to shared intentionality, especially the demands that came from collective hunting. Yet collective hunting was not the whole story of the evolution of shared intentionality, for our capacity to form shared intentional mental states emerged from the interplay between the selective pressures that led to cooperative breeding in humans as well as organized, goal-oriented, collective hunting. Thus, I propose an evo-devo account of shared intentionality and its normative dimension since I argue that explaining the evolution of this particular form of normative thinking crucially depends on information about the developmental trajectory of this capacity. Finally, in the fifth chapter, I focus on how social norms are acquired and how the way we learn them gives rise to some prototypical cluster of moral judgments. Thus, this chapter returns to some of themes and arguments of the first chapter by explaining how the distinction between moral judgments and nonmoral judgments can be culturally transmitted. (shrink)

The aim of this paper is to analyze, from a philosophical perspective, the scientific robustness of the construct of psychopathy as measured by the Psychopathy Checklist Revised that was developed by Robert Hare (1991; 2003). The scientific robustness and validity of classifications are topics of many debates in philosophy of science and philosophy of psychiatry more specifically. The main problem consists in establishing whether scientific classifications reflect natural kinds where the concept of a natural kind refers to the existence of (...) some objective divisions in nature that do not depend exclusively on subjective judgments of the classifier. The construct of psychopathy is especially interesting since the diagnosis of psychopathy has substantial social consequences. In the light of the recent debates regarding the problem of natural kinds in philosophy of psychiatry, we advocate the following distinction between two types of scientific classifications: natural and practical kinds. Natural kinds refer to those categories that are united by common causal mechanisms or properties. Practical kinds refer to categories that fulfill some practical classificatory goals such as prediction. We argue that the construct of psychopathy can fulfill the role of a practical kind. In addition, we contend that our current scientific knowledge about psychopathy does not allow us to conclude that this category is a natural kind. (shrink)

We argue that philosophy has an important role to play in bridging certain social practices with certain scientific advancements. Specifically, we describe such a role by focusing on the issue of how and whether neuropsychological data concerning psychopathic offenders reflect on their criminal culpability. We offer some methodological requirements for this type of philosophical application. In addition, we show how it might help in addressing the problem of determining the criminal responsibility of psychopathic offenders.

Psychopathy refers to a range of complex behaviors and personality traits, including callousness and antisocial behavior, typically studied in criminal populations. Recent studies have used self-reports to examine psychopathic traits among noncriminal samples. The goal of the current study was to examine the underlying factor structure of the Self-Report of Psychopathy Scale–Short Form (SRP-SF) across complementary samples and examine the impact of gender on factor structure. We examined the structure of the SRP-SF among 2,554 young adults from three undergraduate samples (...) and a high-risk young adult sample. Using confirmatory factor analysis, a four-correlated factor model and a four-bifactor model showed good fit to the data. Evidence of weak invariance was found for both models across gender. These findings highlight that the SRP-SF is a useful measure of low-level psychopathic traits in noncriminal samples, although the underlying factor structure may not fully translate across men and women. (shrink)

This longitudinal case study reports on a charity in the UK which gained a new CEO who was reported by two middle managers who worked in the charity, to embody all or most of the ten characteristics within a measure of corporate psychopathy. The leadership of this CEO with a high corporate psychopathy score was reported to be so poor that the organisation was described as being one without leadership and as a lost organisation with no direction. This paper outlines (...) the resultant characteristics of the ensuing aimlessness and lack of drive of the organisation involved. Comparisons are made to a previous CEO in the same organisation, who was reportedly an authentic, effective and transformational leader. Outcomes under the CEO with a high corporate psychopathy score were related to bullying, staff withdrawal and turnover as effective employees stayed away from and/or left the organisation. Outcomes also included a marked organisational decline in terms of revenue, employee commitment, creativity and organisational innovativeness. The paper makes a contribution to both leadership and to corporate psychopathy research as it appears to be the first reported study of a CEO with a high corporate psychopathy score. (shrink)

The issue whether psychopathic offenders are practically rational has attracted philosophical attention. The problem is relevant in theoretical discussions on moral psychology and in those concerning the appropriate social response to the crimes of these individuals. We argue that classical and current experiments concerning the instrumental learning in psychopaths cannot directly support the conclusion that they have impaired instrumental rationality, construed as the ability for transferring the motivation by means-ends reasoning. In fact, we defend the different claim that these experiments (...) appear to show that psychopaths in certain circumstances are not aware of the relevant means for their ends. Moreover, we suggest how further empirical research could help to settle the issue. (shrink)

It has long been known that brain damage has important negative effects on one’s mental life and even eliminates one’s ability to have certain conscious experiences. It thus stands to reason that when all of one’s brain activity ceases upon death, consciousness is no longer possible and so neither is an afterlife. It seems clear that human consciousness is dependent upon functioning brains. This essay reviews some of the overall neurological evidence from brain damage studies and concludes that our argument (...) from brain damage has been vindicated by such overwhelming evidence. It also puts forth a more mature philosophical rationale against an afterlife and counters several replies to the argument. -/- 1. Philosophical Background -- 2. The Dependence of Consciousness on the Brain: Some Preliminary Evidence -- 3. Brain Damage, Lesion Studies, and the Localization of Mental Function - 3.1 Perception - 3.2 Awareness, Comprehension, and Recognition - 3.3 Memory - 3.4 Personality - 3.5 Language - 3.6 Emotion - 3.7 Decision-Making - 3.8 Social Cognition and Theory of Mind - 3.9 Moral Judgment and Empathy - 3.10 Neurological Disorders and Disease - 3.11 The Unity of Consciousness -- 4. Objections and Replies - 4.1 Souls, Minds, and Energy Fields - 4.2 The Instrument Theory - 4.3 The Embodied Soul Alone is Affected -- 5. Conclusion. (shrink)

Discussions about the evolution of human social cognition usually portray the social environment of early hominins as highly hierarchical and violent. In this evolutionary narrative, our propensity for violence was overcome in our lineage by an increase in our intellectual capacities. However, I will argue in this article that we are at least equally justified in believing that our early hominin ancestors were less aggressive and hierarchical than is suggested in these models. This view is consistent with the available comparative (...) and palaeoanthropological evidence. I will show that this alternative model not only does not support long-held views of human origins, but also has important consequences for debates about the evolution of our capacity for normative guidance. _1_ Introduction _2_ Philosophical Motivation _3_ The Puzzle of Hominin Evolution _4_ The Mosaic Hypothesis _5_ Evidence for the Model _6_ Palaeoanthropological Support _7_ Philosophical Consequences. (shrink)

Psychopathy attracts considerable interdisciplinary interest. The idea of a group of people with abnormal morality and interpersonal relations raises important philosophical, legal, and clinical issues. However, before engaging these issues, we ought to examine whether this category is scientifically grounded. We frame the issue in terms of the question whether ‘psychopathy’ designates a natural kind according to the cluster approaches. We argue that currently there is no sufficient evidence for an affirmative answer to this question. Furthermore, we examine three ways (...) of dealing with the category of psychopathy. We could eliminate the category, revise it, or subscribe to a more encompassing account of kinds, which could capture psychopathy as it is currently conceptualized. We argue that while a revision of the category of psychopathy is to be expected with empirical and theoretical advancements, we also emphasize its role in clinical and forensic research that makes it an important pragmatic kind. (shrink)

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

Lindquist et al. convincingly argue that the brain implements psychological operations that are constitutive of emotion rather than modules subserving discrete emotions. However, thenatureof such psychological operations is open to debate. I argue that considering appraisal theories may provide alternative interpretations of the neuroimaging data with respect to the psychological operations involved.

I reject Lindquist et al.'s implicit claim that all emotion theories other than constructionist ones subscribe to a “brain locationist” approach. The neural mechanisms underlying relevance detection, reward, attention, conceptualization, or language use are consistent with many theories of emotion, in particular componential appraisal theories. I also question the authors' claim that the meta-analysis they report provides support for thespecificassumptions of constructionist theories.

Discussions about the evolution of human social cognition usually portray the social environment of early hominins as highly hierarchical and violent. In this evolutionary narrative, our propensity for violence was overcome in our lineage by an increase in our intellectual capacities. However, I will argue in this article that we are at least equally justified in believing that our early hominin ancestors were less aggressive and hierarchical than is suggested in these models. This view is consistent with the available comparative (...) and palaeoanthropological evidence. I will show that this alternative model not only does not support long-held views of human origins, but also has important consequences for debates about the evolution of our capacity for normative guidance. 1Introduction 2Philosophical Motivation 3The Puzzle of Hominin Evolution 4The Mosaic Hypothesis 5Evidence for the Model 6Palaeoanthropological Support 7Philosophical Consequences. (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.

In addition to active wake, emotions are generated and experienced in a variety of functionally different states such as those of sleep, during which external stimulation and cognitive control are lacking. The neural basis of emotions can be specified by regarding the multitude of emotion-related brain states, as well as the distinct neuro- and psychodynamic stages (generation and regulation) of emotional experience.

It has been argued that a biomarker-informed classification system for antisocial individuals has the potential to overcome many obstacles in current conceptualizations of forensic and psychiatric constructs and promises better targeted treatments. However, some have expressed ethical worries about the social impact of the use of biological information for classification. Many have discussed the ethical and legal issues related to possibilities of using biomarkers for predicting antisocial behaviour. We argue that prediction should not raise the most pressing ethical worries. Instead, (...) issues connected with ‘biologisation’, such as stigmatization and negative effects on self-image, need more consideration. However, we conclude that also in this respect there are no principled ethical objections against the use of biomarkers to guide classification and treatment of adult antisocial individuals. (shrink)