Could neuroimaging evidence help us to assess the degree of a person’s responsibility for a crime which we know that they committed? This essay defends an affirmative answer to this question. A range of standard objections to this high-tech approach to assessing people’s responsibility is considered and then set aside, but I also bring to light and then reject a novel objection—an objection which is only encountered when functional (rather than structural) neuroimaging is used to assess people’s responsibility.

Philosophical compatibilism reconciles moral responsibility with determinism, and some neurolaw scholars think that it can also reconcile legal views about responsibility with scientific findings about the neurophysiological basis of human action. Although I too am a compatibilist, this paper argues that philosophical compatibilism cannot be transplanted “as-is” from philosophy into law. Rather, before compatibilism can be re-deployed, it must first be modified to take account of differences between legal and moral responsibility, and between a scientific and a deterministic world view, (...) and to address a range of conceptual, normative, empirical and doctrinal problems that orbit its capacitarian core. (shrink)

The way in which we characterize the structural and functional differences between psychopath and normal brains – either as biological disorders or as mere biological differences – can influence our judgments about psychopaths’ responsibility for criminal misconduct. However, Marga Reimer (Neuroethics 1(2):14, 2008) points out that whether our characterization of these differences should be allowed to affect our judgments in this manner “is a difficult and important question that really needs to be addressed before policies regarding responsibility... can be implemented (...) with any confidence”. This paper is an attempt to address Reimer’s difficult and important question; I argue that irrespective of which of these two characterizations is chosen, our judgments about psychopaths’ responsibility should not be affected, because responsibility hinges not on whether a particular difference is (referred to as) a disorder or not, but on how that difference affects the mental capacities required for moral agency. (shrink)

Jonathan Haidt ( 2001 ) advances the 'Social Intuitionist' account of moral judgment , which he presents as an alternative to rationalist accounts of moral judgment , hitherto dominant in psychology. Here I consider Haidt's anti-rationalism and the debate that it has provoked in moral psychology , as well as some anti-rationalist philosophical claims that Haidt and others have grounded in the empirical work of Haidt and his collaborators. I will argue that although the case for anti-rationalism in moral psychology (...) based on the work of Haidt and his collaborators is plausible , a decisive case has yet to be made. It will require further experimental evidence before a decisive case could be made. My assessment of anti-rationalist philosophical arguments that are grounded in the empirical work of Haidt and his collaborators is much more negative than this. I will argue that this body of empirical work is a very unpromising basis for such arguments. (shrink)