This chapter describes the attributionist approach to moral responsibility. Works by Pamela Hieronymi, T.M. Scanlon, Angela Smith, and Matthew Talbert are taken to representative of this approach. On the interpretation given here, attributionism is committed to the following: assessments of moral responsibility are, and ought to be, centrally concerned with the morally significant features of an agent’s orientation toward others that are attributable to her, and an agent is eligible for moral praise or blame solely on the basis of these (...) attributions. Attributionism is presented as rejecting the claim that agents are morally responsible only for what is under their voluntary control, as well as the claim that agents are responsible for wrongdoing only if they could have responded to the moral considerations that spoke against your behavior. These supposed conditions on moral responsibility are rejected for the same reason: agents may reveal features of their selves, in a way that is sufficient for moral responsibility, even in cases in which these conditions are not met. (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)

Can nonhuman animals and artificial intelligence (AI) entities be attributed moral agency? The general assumption in the philosophical literature is that moral agency applies exclusively to humans since they alone possess free will or capacities required for deliberate reflection. Consequently, only humans have been taken to be eligible for ascriptions of moral responsibility in terms of, for instance, blame or praise, moral criticism, or attributions of vice and virtue. Animals and machines may cause harm, but they cannot be appropriately ascribed (...) moral responsibility for their behavior. This thesis challenges the conventional paradigm by proposing an alternative approach where moral agency is conceived as the competence to participate in moral responsibility practices. By shifting focus from intra-individual to contextual and socially situated features, this practice-focused approach appears to make the attribution of moral agency to nonhuman animals and AI entities more plausible than commonly assumed. Moreover, considering the current and potential future prevalence of nonhuman animals and AI entities in everyday settings and social contexts, a potential extension of moral agency to such entities could very well transform our social, moral, and legal practices. Hence, this thesis proposes that the attribution or withholding of moral agency to different entities should be carefully evaluated, considering the potential normative implications. (shrink)

In philosophy of mind, zombies are imaginary creatures that are exact physical duplicates of conscious subjects but for whom there is no first-personal experience. Zombies are meant to show that physicalism—the theory that the universe is made up entirely out of physical components—is false. In this paper, I apply the zombie thought experiment to the realm of morality to assess whether moral agency is something independent from sentience. Algorithms, I argue, are a kind of functional moral zombie, such that thinking (...) about the latter can help us better understand and regulate the former. I contend that the main reason why algorithms can be neither autonomous nor accountable is that they lack sentience. Moral zombies and algorithms are incoherent as moral agents because they lack the necessary moral understanding to be morally responsible. To understand what it means to inflict pain on someone, it is necessary to have experiential knowledge of pain. At most, for an algorithm that feels nothing, ‘values’ will be items on a list, possibly prioritised in a certain way according to a number that represents weightiness. But entities that do not feel cannot value, and beings that do not value cannot act for moral reasons. (shrink)

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)

In this article, we focus on the attribution of moral responsibility for the actions of autonomous weapons systems (AWS). To do so, we suggest that the responsibility gap can be closed if human agents can take meaningful moral responsibility for the actions of AWS. This is a moral responsibility attributed to individuals in a justified and fair way and which is accepted by individuals as an assessment of their own moral character. We argue that, given the unpredictability of AWS, meaningful (...) moral responsibly can only be discharged by human agents who are willing to take a moral gambit: they decide to design/develop/deploy AWS despite the uncertainty about the effects an AWS may produce, hoping that unintended and unwanted or unforeseen outcomes may never occurs, but also accepting to be held responsible if such outcomes will occur. We argue that, while a moral gambit is permissible for the use of non-lethal AWS, this is not the case for the actions of lethal autonomous weapon systems. (shrink)

ABSTRACTIt has recently become fashionable among those who write on questions of moral responsibility to distinguish two different concepts, or senses, of moral responsibility via the labels ‘responsibility as attributability’ and ‘responsibility as accountability’. Gary Watson was perhaps the first to introduce this distinction in his influential 1996 article ‘Two Faces of Responsibility’ , but it has since been taken up by many other philosophers. My aim in this study is to raise some questions and doubts about this distinction and (...) to argue that it has led to confusion rather than clarification in debates over moral responsibility. In place of the attributability/accountability distinction, I propose that there is a single concept of moral responsibility underlying our actual moral practices. This core notion of moral responsibility, which I call ‘responsibility as answerability’, is well positioned to explain thos.. (shrink)

It is notable that all of the leading theories of blame have to employ ungainly fixes to deflect one or more apparent counterexamples. What these theories share is a content‐based theory of blame's nature. Such approaches overlook or ignore blame's core unifying feature, namely, its function, which is to signal the blamer's commitment to a set of norms. In this paper, we present the problems with the extant theories and then explain what signaling is, how it functions in blame, why (...) appealing to it resolves the problems in other theories, what the signaling function implies for a wider range of gray‐area cases, and what the larger significance is of blame's core function for interpersonal interactions in a variety of (non‐moral) normative domains. (shrink)

Many believe that there is at least some asymmetry between the extent to which moral and non-moral ignorance excuse. I argue that the exculpatory force of moral ignorance—or lack thereof—poses a thus far overlooked challenge to moral realism. I show, firstly, that if there were any mind-independent moral truths, we would not expect there to be an asymmetry in exculpatory force between moral and ordinary ignorance at all. I then consider several attempts the realist might make to deny or accommodate (...) this datum, and show why none of them work. (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)

Reactive theories of responsibility see moral accountability as grounded on the capacity for feeling reactive-attitudes. I respond to a recent argument gaining ground in this tradition that excludes psychopaths from accountability. The argument relies on what Paul Russell has called the 'subjectivity requirement'. On this view, the capacity to feel and direct reactive-attitudes at oneself is a necessary condition for responsibility. I argue that even if moral attitudes like guilt are impossible for psychopaths to deploy, that psychopaths, especially the "successful" (...) and "secondary" subtypes of psychopathy, can satisfy the subjectivity requirement with regard to shame. I appeal to evidence that embarrassment and shame are grounded on the same affective process and data that psychopathic judgments about embarrassment are neurotypical. If I am right, then psychopaths ought to be open to shame-based forms of accountability including shame punishments. I conclude by considering why psychopaths rarely self-report shame. I argue that lacking a capacity to see oneself as flawed is a different sort of failure than lacking the capacity to feel. (shrink)

I argue that psychopathy undermines three common assumptions typically invoked in favor of moderate reasons responsive theories of moral responsibility. First, I propose a theory of psychopathic agency and claim that psychopathic agency suggests that the systems underlying receptivity to reason bifurcate into at least two sub-systems of receptivity. Next, I claim that the bifurcation of systems for receptivity suggests that reactivity is not “all of a piece” but that it too decomposes into at least two subsystems. Lastly, I argue (...) that prior attempts by Fischer and Ravizza to address these concerns contain an appeal to internalism. Since Fischer and Ravizza want their theory to remain agnostic about the nature of reasons for action, this appeal to internalism is problematic for their view. I close by suggesting that if we are to make sense of when and why psychopaths are responsible then a mechanism-based theory of responsibility must be able to explain how different systems of receptivity and reactivity come together to constitute a single mechanism that grounds responsibility ascriptions for action and they must do so without tacitly appealing to implausible forms of internalism about reasons for action. (shrink)

This paper makes two essential claims about the nature of shame and shame punishment. I argue that, if we properly understand the nature of shame, that it is sometimes justifiable to shame others in the context of a pluralistic multicultural society. I begin by assessing the accounts of shame provided by Cheshire Calhoun (2004) and Julien Deonna, Raffaele Rodogno, & Fabrice Teroni (2012). I argue that both views have problems. I defend a theory of shame and embarrassment that connects both (...) emotions to “whole-self” properties. Shame and embarrassment, I claim, are products of the same underlying emotion. I distinguish between moralized and nonmoralized shame in order to show when, and how, moral and non-moral shame may be justly deployed. Shame is appropriate, I argue, if and only if it targets malleable moral or non-moral normative imperfections of a person’s ‘whole-self.’ Shame is unjustifiable when it targets durable aspects of a person’s “whole-self.” I conclude by distinguishing shame punishments from guilt punishments and show that my account can explain why it is wrong to shame individuals on account of their race, sex, gender, or body while permitting us to sometimes levy shame and shame punishment against others, even those otherwise immune to moral reasons. (shrink)

In many jurisdictions, an offender’s remorse is considered to be a relevant factor to take into account in mitigation at sentencing. The growing philosophical interest in the use of neurointerventions in criminal justice raises an important question about such remorse-based mitigation: to what extent should technologically facilitated remorse be honoured such that it is permitted the same penal significance as standard instances of remorse? To motivate this question, we begin by sketching a tripartite account of remorse that distinguishes cognitive, affective (...) and motivational elements of remorse. We then describe a number of neurointerventions that might plausibly be used to enhance abilities that are relevant to these different elements of remorse. Having described what we term the ‘moral value’ view of the justification of remorse-based mitigation, we then consider whether using neurointerventions to facilitate remorse would undermine its moral value, and thus make it inappropriate to honour such remorse in the criminal justice system. We respond to this question by claiming that the form of moral understanding that is incorporated into a genuinely remorseful response grounds remorse’s moral value. In view of this claim, we conclude by arguing that neurointerventions need not undermine remorse’s moral value on this approach, and that the remorse that such interventions might facilitate could also be authentic to the recipient of the neurointerventions that we discuss. (shrink)

In the first part of the article, an account of moral judgment in terms of emotional dispositions is given. This account provides an expressivist explanation of three important features of moral demands: inescapability, authority independence and meriting. In the second part of the article, some ideas initially put forward by Christopher Boehm are developed and modified in order to provide a hypothesis about the evolution of the ability to token moral judgments. This hypothesis makes evolutionary sense of inescapability, authority independence (...) and meriting. It does so by referring to the selection pressures generated in the Late Pleistocene by large-game hunting. If the hypothesis is correct, we can say that, in a sense, meat made us moral. (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)

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...

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 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)

It is sometimes objected that we cannot adopt skepticism about moral responsibility, because the criminal justice system plays an indispensable social function. In this paper, I examine the implications of moral responsibility skepticism for the punishment of those convicted of crime, with special attention to recent arguments by Saul Smilansky. Smilansky claims that the skeptic is committed to fully compensating the incarcerated for their detention, and that this compensation would both be too costly to be practical and would remove the (...) deterrent function from incarceration. I argue that the skeptic is not committed to full compensation of the offender, and that the costs of such compensation would in any case be far smaller than Smilansky thinks. In fact, I claim, the costs of the criminal justice system to which the skeptic is committed might be very much lower than the costs – economic, social and moral – we currently pay as a consequence of our system of punishment. (shrink)

In this article we survey six recent developments in the philosophical literature on free will and moral responsibility: (1) Harry Frankfurt's argument that moral responsibility does not require the freedom to do otherwise; (2) the heightened focus upon the source of free actions; (3) the debate over whether moral responsibility is an essentially historical concept; (4) recent compatibilist attempts to resurrect the thesis that moral responsibility requires the freedom to do otherwise; (5) the role of the control condition in free (...) will and moral responsibility, and finally (6) the debate centering on luck. (shrink)

The recent debate over the moral responsibility of psychopaths has centered on whether, or in what sense, they understand moral requirements. In this paper, I argue that even if they do understand what morality requires, the content of their actions is not of the right kind to justify full-blown blame. I advance two independent justifications of this claim. First, I argue that if the psychopath comes to know what morality requires via a route that does not involve a proper appreciation (...) of what it means to cause another harm or distress, the content of violations of rules against harm will be of a lower grade than the content of similar actions by normal individuals. Second, I argue that in order to intend a harm to a person?that is, to intend the distinctive kind of harm that can only befall a person?it is necessary to understand what personhood is and what makes it valuable. The psychopath's deficits with regard to mental time travel ensure that s/he cannot intend this kind of harm. (shrink)

The recent debate over the moral responsibility of psychopaths has centered on whether, or in what sense, they understand moral requirements. In this paper, I argue that even if they do understand what morality requires, the content of their actions is not of the right kind to justify full-blown blame. I advance two independent justifications of this claim. First, I argue that if the psychopath comes to know what morality requires via a route that does not involve a proper appreciation (...) of what it means to cause another harm or distress, the content of violations of rules against harm will be of a lower grade than the content of similar actions by normal individuals. Second, I argue that in order to intend a harm to a person—that is, to intend the distinctive kind of harm that can only befall a person—it is necessary to understand what personhood is and what makes it valuable. The psychopath's deficits with regard to mental time travel ensure that s/he cannot intend this kind of harm. (shrink)

Do psychopaths make moral judgments but lack motivation? Or are psychopaths’ judgments are not genuinely moral? Both sides of this debate seem to assume either externalist or internalist criteria for the presence of moral judgment. However, if moral judgment is a natural kind, we can arrive at a theory-neutral criterion for moral judgment. A leading naturalistic criterion suggests that psychopaths have an impaired capacity for moral judgment; the capacity is neither fully present nor fully absent. Psychopaths are therefore not counterexamples (...) to internalism. Nonetheless, internalism is empirically problematic because it is unable to explain psychopaths’ moral deficits. (shrink)

In this essay I argue that moral judgment is a natural kind by developing an empirically grounded theory of the distinctive conceptual content of moral judgments. Psychological research on the moral/conventional distinction suggests that in moral judgments right and wrong, good and bad, praiseworthiness and blameworthiness, etc. are conceptualized as serious, general, authority-independent, and objective. After laying out the theory and the empirical evidence that supports it, I address recent empirical and conceptual objections. Finally, I suggest that the theory uniquely (...) accounts for the possibility of genuine moral agreement and disagreement. (shrink)

Recently it has been argued that certain neuropsychological findings on the decision-making, instrumental learning, and moral understanding in psychopathic offenders offer reasons to consider them not criminally responsible, due to certain epistemic and volitional impairments. We reply to this family of arguments, that collectively we call the irresponsibility of the psychopath argument. This type of argument has a premise that describes or prescribes the deficiencies that grant or should grant partial or complete criminal exculpation. The other premise contends that neuropsychological (...) evidence shows that psychopaths have incapacitates that are sufficient to ascribe complete or partially exculpatory deficiencies. The focus of our criticism is this latter premise. We argue that it requires that psychopathy should correlate significantly with certain rational incapacities that manifest across contexts. We show that the available neuropsychological data do not support the claim that psychopaths have such general exculpatory incapacities. (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)

When does a defendant not deserve punishment because he is unaware that his conduct breaches a penal statute? Retributivists must radically rethink their answer to this question to do justice to our moral intuitions. I suggest that modest progress on this topic can be made by modeling our approach to ignorance of law on our familiar approach to ignorance of fact. We need to distinguish different levels of culpability in given mistakes and to differentiate what such mistakes may be about. (...) I discuss the advantages and disadvantages of this approach with special attention to how to contrast offenses from defenses. The alternative I tend to favor probably should not be implemented in existing penal codes. As a result, we are likely to remain dissatisfied with the decisions made by our criminal justice system about the exculpatory effect of ignorance of law. (shrink)

The psychological literature now differentiates between two types of psychopath:successful (with little or no criminal record) and unsuccessful (with a criminal record). Recent research indicates that earlier findings of reduced autonomic activity, reduced prefrontal grey matter, and compromised executive activity may only be true of unsuccessful psychopaths. In contrast, successful psychopaths actually show autonomic and executive function that exceeds that of normals, while having no difference in prefrontal volume from normals. We argue that many successful psychopaths are legally responsible for (...) their actions, as they have the executive capacity to choose not to harm (and thus are legally rational). However, many unsuccessful psychopaths have a lack of executive function that should at least partially excuse them from criminal culpability. Although a successful psychopath's increased executive function may occur in conflict with, rather than in consonance with their increased autonomic activity - producing a cognitive style characterized by self deception and articulate-sounding, but unsound reasoning - they may be capable of recognizing and correcting their lack of autonomic data, and thus can be held responsible. (shrink)

Current legal practice holds that a diagnosis of psychopathy does not remove criminal responsibility. In contrast, many philosophers and legal experts are increasingly persuaded by evidence from experimental psychology and neuroscience indicating moral and cognitive deficits in psychopaths and have argued that they should be excused from moral responsibility. However, having opposite views concerning psychopaths’ moral responsibility, on the one hand, and criminal responsibility, on the other, seems unfortunate given the assumption that the law should, at least to some extent, (...) react to the same desert-based considerations as do ascriptions of moral responsibility. In response, Stephen Morse has argued that the law should indeed be reformed so as to excuse those with severe psychopathy from blame, but that psychopaths that have committed criminal offences should still be subject to some legal repercussions such as civil commitment. We argue that consequentialist and norm-expressivist considerations analogous to those that support punishing psychopaths or at least retaining some legal liability, might also be drawn on in favour of holding psychopaths morally accountable. (shrink)

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)

Our aim in this paper is to put the concept of moral responsibility under a microscope. At the lowest level of magnification, it appears unified. But Gary Watson has taught us that if we zoom in, we will find that moral responsibility has two faces: attributability and accountability. Or, to describe the two faces in different terms, there is a difference between being responsible and holding responsible. It is one thing to talk about the connection the agent has with her (...) action; it is quite another to talk about the potential interaction the agent might have with her moral community. It turns out, though, that the faces of moral responsibility can themselves be viewed under an even higher level of magnification. If moral responsibility has two faces, then our aim in this paper is to examine their features. To do so reveals subtle distinctions in our concept of moral responsibility and its interaction with surrounding issues that, we argue, can help illuminate various debates in the literature. (shrink)

According to epistemic deontologism, attributions of epistemic justification are deontic claims about what we ought to believe. One of the most prominent objections to this conception, due mainly to William P. Alston, is that the principle that ‘ought’ implies ‘can’ rules out deontologism because our beliefs are not under our voluntary control. In this paper, I offer a partial defense of Alston’s critique of deontologism. While Alston is right that OIC rules out epistemic deontologism, appealing to doxastic involuntarism is not (...) necessary for generating that tension. Deontologists would still have a problem with OIC if doxastic voluntarism turned out to be true or if deontologism did not require voluntarism. This is because, in short, epistemic justification does not imply ‘can’. If, as deontologists maintain, epistemic justification implies ‘oughts’, then epistemic justification must also imply ‘can’ given OIC. But since epistemic justification does not imply ‘can’, OIC dictates that we reject deontologism. I end by exploring the possible consequences of this incompatibility between OIC and deontologism. My conclusion is that at least one of the following claims must be true. Either ‘ought’ does not imply ‘can’, attributions of epistemic justification are not deontic claims, or epistemic claims lack necessary or categorical normative authority. (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)

Psychopathy is a developmental disorder associated with specific forms of emotional dysfunction and an increased risk for both frustration-based reactive aggression and goal-directed instrumental antisocial behavior. While the full behavioral manifestation of the disorder is under considerable social influence, the basis of this disorder appears to be genetic. At the neural level, individuals with psychopathy show atypical responding within the amygdala and ventromedial prefrontal cortex. Moreover, the roles of the amygdala in stimulus-reinforcement learning and responding to emotional expressions and vmPFC (...) in the representation of reinforcement expectancies are compromised. The implications of these functional impairments for responsibility are discussed. (shrink)

Almost everyone allows that conditions can obtain that exempt agents from moral responsibility—that someone is not a morally responsible agent if certain conditions obtain. In his seminal Freedom and Resentment, Peter Strawson denies that the truth of determinism globally exempts agents from moral responsibility. As has been noted elsewhere, Strawson appears committed to the surprising thesis that being an evil person is an exempting condition. Less often noted is the fact that various Strawsonians—philosophers sympathetic with Strawson’s account of moral responsibility—at (...) least appear to have difficulty incorporating evil persons into their accounts of moral responsibility. In what follows, I argue that Strawson is not committed to supposing that being evil is an exempting condition—at least, that he can allow that evil persons are morally responsible agents. (shrink)

The New Evil Demon Problem presents a serious challenge to externalist theories of epistemic justification. In recent years, externalists have developed a number of strategies for responding to the problem. A popular line of response involves distinguishing between a belief’s being epistemically justified and a subject’s being epistemically blameless for holding it. The apparently problematic intuitions the New Evil Demon Problem elicits, proponents of this response claim, track the fact that the deceived subject is epistemically blameless for believing as she (...) does, not that she is justified for so believing. This general strategy—which I call the “unjustified-but-blameless maneuver”—is motivated, in part, by the assumption that the distinction between epistemic justification and blamelessness is merely an extension of the familiar distinction between moral justification and blamelessness. In this paper, I consider three ways of drawing the distinction between justification and blamelessness familiar from the moral domain: the first in terms of a connection with reactive attitudes, the second in terms of the distinction between wrongness and wronging, and the third in terms of reasons-responsiveness. All three ways of drawing the distinction, I argue, make it difficult to see how an analogous distinction in the epistemic domain could help externalists explain away the intuitions which underwrite the New Evil Demon Problem. Motivating the unjustified-but-blameless maneuver, I conclude, is a much less straightforward task than its proponents tend to assume. (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)

When a person performs or fails to perform a morally significant action, we sometimes think that a particular kind of response is warranted. Praise and blame are perhaps the most obvious forms this reaction might take. For example, one who encounters a car accident may be regarded as worthy of praise for having saved a child from inside the burning car, or alternatively, one may be regarded as worthy of blame for not having used one's mobile phone to call for (...) help. To regard such agents as worthy of one of these reactions is to ascribe moral responsibility to them on the basis of what they have done or left undone. (These are examples of other-directed ascriptions of responsibility. The reaction might also be self-directed, e.g., one can recognize oneself to be blameworthy). Thus, to be morally responsible for something, say an action, is to be worthy of a particular kind of reaction —praise, blame, or something akin to these—for having performed it.[1.. (shrink)

In popular culture psychopaths are inaccurately portrayed as serial killers or homicidal maniacs. Most real-world psychopaths are neither killers nor maniacs. Psychologists currently understand psychopathy as an affective disorder that leads to repeated criminal and antisocial behavior. Counter to this prevailing view, I claim that psychopathy is not necessarily linked with criminal behavior. Successful psychopaths, an intriguing new category of psychopathic agent, support this conception of psychopathy. I then consider reactive attitude theories of moral responsibility. Within this tradition, psychopaths are (...) thought to be blameless as a result of their pronounced affective deficits. Psychopaths are considered morally blind because they lack the moral emotions that make us sensitive to moral reasons. I argue that, even if they are morally blind, psychopaths remain open to forms of blame stemming from non-moral reactive attitudes. These reactive attitudes remain appropriate because psychopaths can express hateful, disgusting, or contemptible non-moral values in their judgments. (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)

Many important theorists – e.g., Gary Watson and Stephen Darwall – characterize blame as a communicative entity and argue that this entails that morally responsible agency requires not just rational but moral competence. In this paper, I defend this argument from communication against three objections found in the literature. The first two reject the argument’s characterization of the reactive attitudes. The third urges that the argument is committed to a false claim.

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)

Editorial introduction to the special issue of the European Journal of Analytic Philosophy.

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)