Does a diagnosis of brain dysfunction matter for ascriptions of moral responsibility? This chapter argues that, while knowledge of brain pathology can inform judgments of moral responsibility, its evidential value is currently limited for a number of practical and theoretical reasons. These include the problem of establishing causation from correlational data, drawing inferences about individuals from group data, and the reliance of the interpretation of brain findings on well-established psychological findings. Brain disorders sometimes matter for moral responsibility, however, because they (...) change an individual’s moral psychology in a way that is beyond their control. While control over psychological changes is not an excusing factor, brain disorders can mitigate moral responsibility because they confront individuals with new psychological deficits or urges for which their previous moral education and existing external and internal moral resources have not prepared them. (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)

While psychopathy research has been growing for decades, a relatively new area of research is corporate psychopathy. Corporate psychopaths are simply psychopaths working in organizational settings. They may be attracted to the financial, power, and status gains available in senior positions and can cause considerable damage within these roles from a manipulative interpersonal style to large-scale fraud. Based upon prior studies, we analyze psychopathy research pertaining to 23 moral emotions classified according to functional quality and target. Based upon our review, (...) we suggest that psychopaths are high in moral emotions associated with other-directed negative signals, low in self-directed negative signals, and low in other-directed positive signals. We found no empirical articles related to self-directed positive signals. This understanding of the specific moral emotion deficits of corporate psychopaths provides greater theoretical understanding and practical implications of knowing which individuals not to promote, though more research is needed on moral emotions that are faked for manipulative reasons. (shrink)

I argue that emotional sensitivity (or insensitivity) has a marked negative influence on ethical perception. Diminished capacities of ethical perception, in turn, mitigate what we are morally responsible for while lack of such capacities may altogether eradicate responsibility. Impairment in ethical perception affects responsibility by affecting either recognition of or reactivity to moral reasons. It follows that emotional insensitivity (together with its attendant impairment in ethical perception) bears saliently on moral responsibility. Since one distinguishing mark of the psychopath is emotional (...) insensitivity, emotional insensitivity and the resulting impairment in moral perception either excuses the psychopath from moral culpability or moderates the degree to which he is culpable. (shrink)

As a neurodevelopmental condition that affects cognitive functioning, autism has been used as a test case for theories of moral responsibility. Most of the relevant literature focuses on autism’s impact on theory of mind and empathy. Here I examine aspects of autism related to executive function. I apply an account of how we might fail to be reasons responsive to argue that autism can increase the frequency of excuses for transgressive behavior, but will rarely make anyone completely exempt from moral (...) responsibility in general. On this account, although excuses may apply more often to autists than to others, the excuses that apply to autists are just the same excuses that can apply to anyone. (shrink)

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. (Article 1, Universal Declaration of Human Rights 1948) This resounding statement encapsulates a number of problematic themes for lawyers with respect to personality disorder, and acutely so for the extremes of personality disorder embraced by designations such as psychopathy or dangerous and severe personality disorder (DSPD). These designations are in themselves (...) contentious; they do not have commonly agreed definitions either across disciplines or across jurisdictions. Morse (2008), for example, argues in a fascinating account that .. (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)

There are some distinct methodological challenges, and possible pitfalls, for neuroethics when it evaluates neuroscientific results and links them to issues such as moral or legal responsibility. Some problems emerge in determining the requirements for responsibility. We will show how philosophical proposals in this area need to interact with legal doctrine and practice. Problems can occur when inferring normative implications from neuroscientific results. Other problems arise when it is not recognized that data about brain anatomy or physiology are relevant to (...) the ascription of responsibility only when they are significantly correlated with the psychological capacities contemplated by the legal formulations of responsibility. We will demonstrate this by considering two significant cases concerning psychopathy. Some paradigms that aim at measuring higher-order capacities, such as moral understanding, have limited validity. More robust paradigms for the study of learning in restricted controlled conditions, on the other hand, have limited ecological validity across individuals and context to be of any use for the law. (shrink)

According to the principle of alternate possibilities (PAP), a person is morally responsible for what she has done only if she could have done otherwise. David Widerker, a prominent and long-time defender of this principle against Harry Frankfurt’s famous attack on it, has recently had an unexpected about-face: PAP, Widerker now contends, is (probably) false. His rejection of PAP is a result, in large part, of his coming to believe that there are conceptually possible scenarios, what he calls ‘IRR-situations,’ in (...) which circumstances that nowise bring it about that an agent performs a particular action are precisely the circumstances that make it impossible for her to avoid performing that action. The circumstances that guarantee that the agent will perform the action turn out to be immaterial, since the agent in an IRR-situation is blameworthy because she would have performed the action even if, contrary to the specified facts, an alternative course of action had been available to her. The goal of this article is to show that Widerker’s report of PAP’s demise has been an exaggeration: careful scrutiny reveals that the kind of scenario that he believes refutes the principle—his ‘brain-malfunction’ scenario—is not an IRR-situation at all. (shrink)

Many argue that psychopaths suffer from a stable pattern of neurobiological dysfunctions that should be taken into account in sentencing and treatment decisions. These arguments are compelling only if the neuroimaging data are consistent. It is possible that such consistency is created by reviewers who ignore contradictory findings. To evaluate this, we examined how accurately forensic literature reported neuroimaging findings on psychopaths in a theoretically central structure – the amygdala. We found that forensic commentators consistently under-reported null-findings, creating a misleading (...) impression of the data’s consistency. We discuss this misrepresentation from the perspectives of spin and neurohype, and examine their causes and consequences. (shrink)