How can we know whether we are punishing the same corporation that committed some past crime? Though central to corporate criminal justice, legal theorists and philosophers have yet to address the basic question of how corporate identity persists through time. Simple cases, where crime and punishment are close in time and the corporation has changed little, can mislead us into thinking an answer is always easy to come by. The issue becomes more complicated when corporate criminals undergo any number of (...) transformations—rebranding, spinning-off a division, merging, changing ownership, changing management, swapping lines of business, etc. These changes are common among all corporations, including those trying to conceal or limit liability for past crimes. This article takes a first step toward developing a workable and philosophically satisfying theory of corporate personal identity and discusses its prospects for fulfilling the retributive, rehabilitative, and deterrent purposes of criminal law. (shrink)

While many theorists have argued that dissociative identity disorder is a case of multiple selves or persons in a single body, I maintain that DID instead should be understood as involving a single self who suffers from significant disruptions to self-consciousness. Evidence of overlapping abilities and memories, as well as the very logic of dissociation, supports the claim that DID results from internal conflict endured by a single self. Along these lines, I will maintain that alter-formation should be understood as (...) the result of extreme emotional ambivalence. While it is true that subjects with DID exhibit volitional conflict, as Frankfurt [1988. The Importance of What We Care About. New York: Cambridge University Press; 1999. Necessity, Volition, and Love. New York: Cambridge University Press] maintains, I argue that these incompatible volitions have a deeper source: conflicting desires and affective stances concerning basic emotional needs that are not easily abandoned. A single subject turns to... (shrink)

It seems plausible that (i) how much punishment a person deserves cannot be affected by the mere existence or nonexistence of another person. We might have also thought that (ii) how much punishment is deserved cannot increase merely in virtue of personal division. I argue that (i) and (ii) are inconsistent with the popular belief that, other things being equal, when people culpably do very wrong or bad acts, they ought to be punished for this—even if they have repented, are (...) now virtuous, and punishing them would benefit no one. Insofar as we cannot deny (i), we are either forced to abandon the popular belief in desert, or else allow that personal division could, as I put it, “multiply desert.” Some may not find the latter, considered by itself, troubling. But I argue that the thesis that division multiplies desert faces a potentially serious problem, which arises in the context of personal fusion. It is difficult to see how to maintain a particular family of desert views in light of the cases here presented. (shrink)

Many philosophers say that two or more people or thinking beings could share a single human being in a split‐personality case, if only the personalities were sufficiently independent and individually well integrated. I argue that this view is incompatible with our being material things, and conclude that there could never be two or more people in a split‐personality case. This refutes the view, almost universally held, that facts about mental unity and disunity determine how many people there are. I suggest (...) that the number of human people is simply the number of appropriately endowed human animals. (shrink)

What justifies our holding a person morally responsible for some past action? Why am I justified in having a special prudential concern for some future persons and not others? Why do many of us think that maximizing the good within a single life is perfectly acceptable, but maximizing the good across lives is wrong? In these and other normative questions, it looks like any answer we come up with will have to make an essential reference to personal identity. So, for (...) instance, it seems we are justified in holding X responsible for some past action only if X is identical to the person who performed that action. Further, it seems I am justified in my special concern for some future person only if he will be me. Finally, many of us think that while maximization within a life affects only one person, a metaphysical unity, maximization across lives affects many different, metaphysically distinct, persons, and so the latter is wrong insofar as it ignores this fundamental separateness of persons. (shrink)

Many contemporary bioethicists claim that the possession of certain psychological properties is sufficient for having full moral status. I will call this thepsychological approach to full moral status. In this paper, I argue that there is a significant tension between the psychological approach and a widely held model of Dissociative Identity Disorder (DID, formerly Multiple Personality Disorder). According to this model, the individual personalities or alters that belong to someone with DID possess those properties that proponents of the psychological approach (...) claim suffice for full moral status. If this account of DID is true, then the psychological approach to full moral status seems to entail that the two standard therapies for treating DID might, on occasion, be seriously immoral, for they may well involve the (involuntary) elimination of an entity with full moral status. This result should give proponents of the psychological approach pause, for most people find the claim that current treatments of DID are ethically suspect highly counter-intuitive. (shrink)

If personal identity consists in non-branching psychological continuity, then the sharp breaks in psychological connectedness characteristic of Multiple Personality Disorder implicitly commit psychological continuity theories to a metaphysically extravagant reification of alters. Animalist theories of personal identity avoid the reification of alternate personalities by interpreting multiple personality as a failure to integrate alternative autobiographical memory schemata. In the normal case, autobiographical memory cross-classifies a human life, and in so doing provides access to a variety of interpretative frameworks with their associated (...) clusters of general event memory and episodic memory. Multiples exhibit erratic behavior because they cannot access reliably the intersecting autobiographical memory schemata that permit graceful transitions between social roles, behavioral repertoire and emotional dispositions. Selves, in both normal and certain pathological cases, are best understood as semi-fictional narratives created by human animals to serve their social, emotional and physical needs. (shrink)

This paper outlines a multidimensional conception of Multiple Personality Disorder (MPD) that differs from the 'orthodox' conception in terms of the content of its commitment to the reality of the self. Unlike the orthodox conception it recognizes that selves are fuzzy entities. By appreciating the possibility that selves are fuzzy entities, it is possible to rebut a form of fictionalism about the self which appeals to clinical data from MPD. Realism about self can be preserved in the face of multiple (...) personalities. (shrink)

After describing the disorder of psychopathy, I examine the theories and the evidence concerning the psychopaths’ deficient moral capacities. I first examine whether or not psychopaths can pass tests of moral knowledge. Most of the evidence suggests that they can. If there is a lack of moral understanding, then it has to be due to an incapacity that affects not their declarative knowledge of moral norms, but their deeper understanding of them. I then examine two suggestions: it is their deficient (...) practical reason or their stunted emotions that are at fault. The evidence supports both explanations. I conclude with an overview of the debate concerning whether they are morally or legally responsible for their actions. (shrink)

There are researchers in cognitive science who use clinical and experimental evidence to draw some rather skeptical conclusions about a central feature of our conscious experience, its unity. They maintain that the examination of clinical phenomena reveals that human consciousness has a much more fragmentary character than the one we normally attribute to it. In the article, these claims are questioned by examining some of the clinical studies on the deficit of anosognosia. I try to show that these studies support (...) a moderate sense of the unity of reflexive consciousness. (shrink)

Dissociative experiences have been associated with diachronic disunity. Yet, this work is in its infancy. Dissociative identity disorder is characterized by different identity states reporting their own relatively continuous sense of self. The degree to which patients in dissociative identity states experience diachronic unity has not been empirically explored. This study examined the degree to which patients in dissociative identity states experienced diachronic unity. Participants were DID adults assessed in adult and child identity states, adults with a psychotic illness, adults (...) from the general population, children from the general population and adults imagining themselves as children. They completed the Diachronic Disunity Scale, the Dissociative Experiences Scale, and the Self-Concept Clarity Scale. Diachronic disunity was not limited to psychiatric groups, but evident to some degree in all adult and child samples. The DID adult sample experienced more dissociation and self-confusion than the psychosis and adult comparison groups, but did not differ on the diachronic measure. DID patients in their child identity states and child comparisons showed disunity and were significantly different from child simulators, who showed relatively more unity. Results suggest that DID patients in either adult or child dissociative identity states, like those in other samples, do not universally experience themselves as having a consistent sense of self over time. (shrink)

Central to the identity of modern medical specialities, including psychiatry, is the notion of hypostatic abstraction: doctors treat conditions or disorders, which are conceived of as “things” that people “have.” Mad activism rejects this notion and hence challenges psychiatry’s identity as a medical specialty. This article elaborates the challenge of Mad activism and develops the hypostatic abstraction as applied to medicine. For psychiatry to maintain its identity as a medical speciality while accommodating the challenge of Mad activism, it must develop (...) an additional conception of the clinical encounter. Toward elaborating this conception, this article raises two basic framing questions: For what kind of understanding of the situation should the clinical encounter aim? What is the therapeutic aim of the encounter as a whole? It proposes that the concepts of “secondary insight” (as the aim of understanding) and of “identity-making” (as a therapeutic aim) can allow the clinical encounter to proceed in a way that accommodates the challenge of Mad activism. (shrink)

A ‘Ulysses arrangement’ (UA) is an agreement where a patient may arrange for psychiatric treatment or non-treatment to occur at a later stage when she expects to change her mind. In this article, I focus on ‘competence-insensitive’ UAs, which raise the question of the permissibility of overriding the patient’s subsequent decisionally competent change of mind on the authority of the patient’s own prior agreement. In “The Ethical Justification for Ulysses Arrangements”, I consider sceptical and supportive arguments concerning competence-insensitive UAs, and (...) argue that there are compelling reasons to give such UAs serious consideration. In “Decisional Competence and Legal Capacity in UAs”, I examine the nature of decisional competence and legal capacity as they arise in UAs, an issue neglected by previous research. Using the distinctions which emerge, I then identify the legal structure of a competence-insensitive UA in terms of the types of legal capacity it embodies and go on to explain how types of legal capacity might be shared between the patient and a trusted other to offer support to the patient in the creation and implementation of a competence-insensitive UA. This is significant because it suggests possibilities for building patient support mechanisms into models of legal UAs, which has not addressed in the literature to date. Drawing on this, in “Using Insights from the Competence/Capacity Distinction to Enhance Patient Support in UAs”, I offer two possible models to operationalize competence-insensitive UAs in law that allow for varying degrees of patient support through the involvement of a trusted other. Finally, I outline some potential obstacles implementing these models would face and highlight areas for further research. (shrink)

This analysis explores theories of recollective memories and their shortcomings to show how certain recollective memories are to some extent the initial experiencing of past conscious mental states. While dedicated memory theorists over the past century show remembering to be an active and subjective process, they usually make simplistic assumptions regarding the experience that is remembered. Their treatment of experience leaves unexplored the notion that the truth of memory is a dynamic interaction between experience and recollection. The argument's seven sections (...) examine how experience, consciousness, and the self produce memories in odd but actual situations. Examples are presented that are either actual or technologically possible, and they pose a challenge for some theories of memory. Showing that an experience and a memory must be bound by psychological continuity, the sections build upon each other to challenge aprioristic beliefs about the self and consciousness. The later sections examine the lack of available accounts of memory that acknowledge consciousness, dissociation, and "selfhood" to be matters of degree, thus rendering memory theories next to useless when trying to effectively incorporate the notions of experience and reality. (shrink)

The End of Materialism: How Evidence of the Paranormal Is Bringing Science and Spirit Together by Charles T. Tart. Philosophy of Personal Identity and Multiple Personality by Logi Gunnarsson. Eusapia Palladino and Her Phenomena by Hereward Carrington. Can the Mind Survive beyond Death? In Pursuit of Scientific Evidence by Satwant K. Pasricha. Morphic Resonance: The Nature of Formative Causation by Rupert Sheldrake. A New Science of Life: The Hypothesis of Formative Causation by Rupert Sheldrake. “Why AI Is a Dangerous Dream,” (...) Opinion, Interview with Noel Sharkey by Nic Fleming. (shrink)

Akrasia is a philosophical concept meaning the possibility to perform actions against one's best judgement. This contribution aims to clarify this phenomenon in terms of a social construction, stating it as a narrative configuration generated by an observer. The latter finds himself engaged in justifying a “problematic” line of action with regard to specific cultural beliefs referring to the self, the others and the behaviour. This paper intends to make explicit the assumptions underlying the traditional definitions of akrasia when, paradoxically, (...) an agent performs an action not in accordance with his/her best judgement. In the transition from modern to post-modern psychology, we here propose an interpretation of the phenomenon in psychological terms, envisaging akrasia as a narrative form functional to the identity processes and to the social dynamics of the structures of contemporary societies. Implications in the psychological practice will be taken into account. (shrink)