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)

The aim of this thesis is to advance a philosophically justifiable account of Artificial Moral Agency (AMA). Concerns about the moral status of Artificial Intelligence (AI) traditionally turn on questions of whether these systems are deserving of moral concern (i.e. if they are moral patients) or whether they can be sources of moral action (i.e. if they are moral agents). On the Organic View of Ethical Status, being a moral patient is a necessary condition for an entity to qualify as (...) a moral agent. This view claims that because artificial agents (AAs) lack sentience, they cannot be proper subjects of moral concern and hence cannot be considered to be moral agents. I raise conceptual and epistemic issues with regards to the sense of sentience employed on this view, and I argue that the Organic View does not succeed in showing that machines cannot be moral patients. Nevertheless, irrespective of this failure, I also argue that the entire project is misdirected in that moral patiency need not be a necessary condition for moral agency. Moreover, I claim that whereas machines may conceivably be moral patients in the future, there is a strong case to be made that they are (or will very soon be) moral agents. Whereas it is often argued that machines cannot be agents simpliciter, let alone moral agents, I claim that this argument is predicated on a conception of agency that makes unwarranted metaphysical assumptions even in the case of human agents. Once I have established the shortcomings of this “standard account”, I move to elaborate on other, more plausible, conceptions of agency, on which some machines clearly qualify as agents. Nevertheless, the argument is still often made that while some machines may be agents, they cannot be moral agents, given their ostensible lack of the requisite phenomenal states. Against this thesis, I argue that the requirement of internal states for moral agency is philosophically unsound, as it runs up against the problem of other minds. In place of such intentional accounts of moral agency, I provide a functionalist alternative, which makes conceptual room for the existence of AMAs. The implications of this thesis are that at some point in the future we may be faced with situations for which no human being is morally responsible, but a machine may be. Moreover, this responsibility holds, I claim, independently of whether the agent in question is “punishable” or not. (shrink)

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)

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)

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)