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)

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)

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

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.

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)

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)

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)

The harm usually associated with psychopathy requires therapeutically, legally, and ethically satisfactory solutions. Scholars from different fields have, thus, examined whether empirical evidence shows that individuals with psychopathic traits satisfy concepts, such as responsibility, mental disorder, or disability, that have specific legal or ethical implications. The present paper considers the less discussed issue of whether psychopathy is a disability. As it has been shown for the cases of the responsibility and mental disorder status of psychopathic individuals, we argue that it (...) is undecided whether psychopathy is a disability. Nonetheless, based on insights from disability studies and legislations, we propose that interventions to directly modify the propensities of individuals with psychopathic tendencies should be balanced with modifications of the social and physical environments to accommodate their peculiarities. We also suggest how this social approach in some practical contexts that involve non-offender populations might be effective in addressing some of the negative effects of psychopathy. (shrink)

We examine the philosophical and empirical issues related to the question whether psychopathy can be considered a psychiatric natural kind. Natural kinds refer to categories that are privileged because they the capture certain real divisions in nature. Generally, in philosophical debates regarding psychiatry, there is much scepticism about the possibility that psychiatric categories track natural kinds. We outline the main positions in the debate about natural kinds in psychiatry and examine whether psychopathy can be considered as a natural kind on (...) any of the proposed accounts. By examining the scientific literature on psychopathy, we draw two main conclusions: (1) the empirical data currently do not support the view that this condition is unified enough to be considered a natural kind; (2) the construct of psychopathy plays useful roles both in the context of scientific research and in forensic and clinical settings. These considerations bring us to our tentative conclusion about psychopathy as a kind in the making, a sort of “under construction” category with potential for improvement and refinement with further research. (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.