Philosophers have urged that considerations about the psychopath’s capacity for practical rationality can help to advance metaethical debates. These debates include the role of rational faculties in moral judgment and action, the relationship between moral judgment and moral motivation, and the capacities required for morally responsible agency. I discuss how the psychopath’s capacity for practical reason features in these debates, and I identify several takeaway lessons from the relevant literature. Specifically, I show how the insights contained therein can illuminate the (...) complex structure of practical rationality, inform our standards for an adequate theory of practical reason, and frame our thinking about the significance of rational capacities in moral theory and social practice. (shrink)

Although many psychiatrists regard psychopathy as a coherent scientific construction, some clinicians and philosophers regard it as irrelevant. According to the latter, psychopathy is nothing more than a means of social control. The present study focuses on the issues of the neurological bases and moral responsibility related to psychopathy. While neuroscience aims to identify dysfunctions in psychopaths, action theory and ethics tend to vindicate the hypothesis of the moral irresponsibility of the psychopath. However, rather than reinforcing the concept of psychopathy, (...) recent results in neuroscience tend to stress its incoherence. Philosophical speculations on psychopaths’ responsibility are not sufficiently empirically informed and seem to announce endless ethical debates. (shrink)

It is common for philosophers to argue that psychopaths are not morally responsible because they lack some of the essential capacities for morality. In legal terms, they are criminally insane. Typically, however, the insanity defense is not available to psychopaths. The primary reason is that they appear to have the knowledge and understanding required under the M’Naghten Rules. However, it has been argued that what is required for moral and legal responsibility is ‘deep’ moral understanding, something that psychopaths do not (...) have either due to their lacking empathy or practical reason. In the first part of the paper, I argue that psychopaths do not lack the abilities required for deep moral understanding, although they have deficits in those areas. According the M’Naghten Rules, therefore, psychopaths are not insane. Under a less strict formulation of the insanity plea, like the Model Penal Code, however, there is a good case to be made for their lacking substantial capacity. I argue that because psychopathy is an essentially moral disorder, and because of the nature of psychopathic violence, psychopaths should not be excused under the insanity plea. It would be tantamount to excusing someone for committing a crime because they are bad. Arguably, this contravenes the entire system of law. (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)

Gorući i težak praktički problem vezan je uz opće pitanje ispravnog društvenog odgovora na prijestupnike klasificirane kao osobe s antisocijalnim poremećajem ličnosti. Članak prilazi ovom općem problemu fokusirajući se, iz filozofske perspektive, na još uvijek važno ali lakše dohvatljivo pitanje jesu li psihopatski prijestupnici moralno odgovorni. Posebno se istražuje imaju li psihopati mogućnost moralnog razumijevanja. Vjerodostojni pristup posljednjem pitanju zahtijeva zadovoljavajuću filozofsku interpretaciju empirijskog dokaza koji pokazuje da psihopati ne uspijevaju naći razliku između konvencionalnih i moralnih normi. Preciznije, uzet ću (...) u obzir nedavnu filozofsku raspravu polariziranu između pobornika racionalističkog i sentimentalističkog objašnjenja moralnog razumijevanja. Ovi su suparnici otvorili raspravu nudi li slučaj psihopatije empirijsku potporu za njihovo objašnjenje i potkopava suparnički pogled. U radu tvrdim da dostupni empirijski podaci ostavljaju ishod ove rasprave neodlučenim. To implicira da bi obje teorije moralnog razumijevanja, ako su neovisno motivirane, uzele u obzir psihopate kao osobe koje imaju određene nedostatke koje bi mogle utjecati na njihovo moralno razumijevanje a stoga i na njihovu moralnu odgovornost. (shrink)

A pressing and difficult practical problem concerns the general issue of the right social response to offenders classified as having antisocial personality disorder. This paper approaches this general problem by focusing, from a philosophical perspective, on the still relevant but more approachable question whether psychopathic offenders are morally responsible. In particular, I investigate whether psychopaths possess moral understanding. A plausible way to approach the last question requires a satisfactory philosophical interpretation of the empirical evidence that appears to show that psychopaths (...) fail to draw the distinction between conventional and moral norms. Specifically, I will consider a recent philosophical debate polarized between supporters of rationalist and sentimentalist accounts of moral understanding. These opponents have discussed whether the case of psychopathy offers empirical support for their account and undermine the rival view. I will argue that the available empirical data leave the outcome of this discussion indeterminate. However, this implies that both these principal theories of moral understanding, if independently motivated, would imply that psychopaths have certain deficits that might affect their moral understanding and, consequently, their moral responsibility. (shrink)

My thesis is that contemporary ethics needs to reconceptualize its notion of the "ethical subject/agent." In developing this argument, I draw on three sources: (1) the field of moral psychology, (2) philosophical explorations of the concepts of "moral responsibility" and "moral community, and (3) the work of American philosophers such as Josiah Royce and John Dewey. Primary attention will be given to the latter two sources, though, given the short span of this essay, only brief references to Royce and Dewey (...) are possible, even though these philosophers provide the foundational theoretical framework for any reconceptualization efforts. Indeed, these philosophers, as well as William James, engaged in and drew upon .. (shrink)

Philosophical discussions of psychopathy have been framed primarily in terms of psychopaths' conspicuous moral shortcomings. But despite their vaunted ‘egocentricity’, another prominent trait in the standard psychopathic profile is a characteristic failure to look after themselves; in an important way, psychopaths appear to be as careless of themselves as they are of others. Assuming that the standard profile is largely correct, the question is how these moral and prudential deficits are related. Are they linked in some non‐accidental way? This paper (...) is a sympathetic exploration and articulation of the hypothesis that psychopathy involves an incapacity for critical distance from from one's own impulses and inclinations, an incapacity that would explain the lack of both prudential and moral regard. (shrink)

Psychopaths are agents who lack the normal capacity to feel moral emotions (e.g. guilt based on empathy with the victims of their actions). Evidence for attributing psychopathy at least in some cases to genetic or early childhood causes suggests that psychopaths lack free will. However, the paper defends a sense in which psychopaths still may be construed as responsible for their actions, even if their degree of responsibility is less than that of normal agents. Responsibility is understood in Strawsonian terms, (...) as a question of our appropriate reactive attitudes toward an agent for what she does, and as distinct from the question of the agent's own motivating attitudes, which lead him to do what he does. The latter is the question more directly relevant to free will, though moral motivation normally depends on the capacity in early childhood to pick up motivating attitudes from others' reactive attitudes. Reactive attitudes based on hatred rather than anger (e.g. disgust or contempt) count as alternative forms of blame that may be appropriately directed toward agents manifesting bad qualities of will, even as a matter of motivational impairment. So psychopaths may still be said to deserve blame, even if they are incapable of modifying their behavior in response to blame. (shrink)

In Responsible Brains, Hirstein, Sifferd and Fagan apply the language of cognitive neuroscience to dominant understandings of criminal responsibility in criminal law theory. The Authors make a compelling case that, under such dominant understandings, criminal responsibility eventually ‘translates’ into a minimal working set of executive functions that are primarily mediated by the frontal lobes of the brain. In so arguing, the Authors seem to unquestioningly accept the law’s view of the “responsible person” as a mixture of cognitive capacities and mechanisms—thereby (...) leaving aside other fundamental aspects of individuals’ human agency. This commentary article offers a critique of the Authors’ rationalist and individualist approach. The critique can be summarized through the following claim: We humans, as responsible beings, are more than our executive functions. This claim articulates through four main points of discussion: role of emotions in moral judgments and behavior; executive functions and normative criteria for legal insanity; impact of adverse situational factors on executive functions; Authors’ account of punishment and, especially, rehabilitation. (shrink)

Most philosophical discussions of psychopathy have centered around its significance in relation to empathy, moral cognition, or moral responsibility. However, related questions about the extent to...

Psychopathy involves impaired capacity for prudential and moral reasoning due to impaired capacity for empathy, remorse, and sensitivity to fear-inducing stimuli. Brain abnormalities and genetic polymorphisms associated with these traits appear to justify the claim that psychopaths cannot be morally responsible for their behavior. Yet psychopaths are capable of instrumental reasoning in achieving their goals, which suggests that they have some capacity to respond to moral reasons against performing harmful acts and refrain from performing them. The cognitive and affective impairment (...) of the psychopath justifies mitigated responsibility, but not excuse. (shrink)

While many profound philosophical questions arise about psychopaths, I wish to draw attention to two limitations in current debates. First, philosophers mainly deal with offender and forensic populations neglecting so-called ‘successful’ psychopaths. Second, philosophers mainly focus on the issue of empathy and responsibility, while relatively little attention is paid to volitional aspects. I address these two limitations together and argue that ‘successful’ psychopaths are volitionally constrained. In order to grasp and explore this deficiency, I argue in favour of a more (...) refined and fine-grained understanding of identifications. (shrink)

Retributive approaches to the justification of legal punishment are often thought to place exacting and unattractive demands on state officials, requiring them to expend scarce public resources on apprehending and punishing all offenders strictly in accordance with their criminal ill deserts. Against this caricature of the theory, I argue that retributivists can urge parsimony in the use of punishment. After clarifying what parsimony consists in, I show how retributivists can urge reductions in the use of punishment in order to conserve (...) scarce resources for other valuable social purposes, minimize the foreseeable and adverse effects of legal punishment on the innocent, and accommodate the fact that existing societies fail in numerous ways to satisfy the conditions that make retributive punishment fully justified. (shrink)

Philosophers have often claimed that the requirements of morality have an absolute and categorical status. Other values may be relative to the agent's ends, other imperatives hypothetical on his desires: their requirements must be justified by relating the action enjoined to the attainment of those ends or desires, and can be avoided by being shown to be incompatible with them. But the requirements of morality bind us whatever our ends or desires might be: they are not to be justified by (...) reference to anything beyond themselves; they cannot be avoided by being shown to be incompatatible with our existing purposes. Other values and imperatives may be determined—be given their status as values or imperatives—by our own prior purposes and desires: but those of morality themselves determine which purposes or desires we may or may not pursue. For convenient reference I label this the Absolutist view. (shrink)

The present trend towards an atheoretical statistical method of psychiatric classification has prompted many psychiatrists to conceive of "mental disorder", or for that matter any other psychopathological designation, as an indexical cluster of properties and events more than a distinct psychological impairment. By employing different combinations of inclusion and exclusion criteria, the current American Psychiatric Association's scheme (called DSM-III) hopes to avoid the over-selectivity of more metaphysical systems and thereby provide the clinician with a flexible means of dealing with a (...) wide diversity of cases. In the hope of redirecting future inquiry, the paper will argue: (1) that this recent trend might appear to be clinically beneficial, but in point of fact it is riddled by unsound theoretical conclusions which leave the field without a deeply reaching base for understanding and treating mental disorder, and (2) that, a fortiori, "mental disorder" is best conceived as not a cluster of properties and events, nor a metaphorical reaction to a breakdown in social interpersonal relations, but as a deeply laid condition characterized by the absence of an imaginally integrated system. (shrink)

ABSTRACTI defend the Interdependency Thesis, according to which rational evaluations of dispositions and actions are made in light of each other. I invoke a model of rationality that relies on various levels of consistency existing between an agent's reasons for adopting a moral disposition, the argument for the moral theory she endorses, her desires, disposition, and choice to be a moral person as reflected in the maxim she adopts. The Interdependency Thesis shows that we do not need to demonstrate the (...) rationality of every morally required action in order to defeat scepticism fully. (shrink)

The year 2012, in one sense, marks the 40th Anniversary of our Society, for it was in 1972 that John Lachs suggested to some of his colleagues interested in American Philosophy that they consider starting a new organization. The following year, this "American Philosophy" group held a symposium on "Possibilities for American Philosophy" at the Western Philosophy Association meeting. At that time the group's name was changed to "Society for the Advancement of American Philosophy," and in 1974 the first independent (...) annual meeting of the Society was held at Vanderbilt University.1The Society's name has stimulated contention for various reasons, but reflecting on forty years of this group, I want to say "we have come a .. (shrink)