We have argued here that to attribute criminal responsibility to psychopathic individuals is to ignore substantial and growing evidence that psychopathic individuals are significantly impaired in moral understanding. They do not appear to know why moral transgressions are wrong in the full sense required by the law. As morally blameless offenders, punishment as a basis for detention cannot be justified. Moreover, as there are currently no successful treatment programs for psychopathy, nor can detention be justified on grounds of treatment. Instead, (...) we argue detention on the grounds of self- defence, due to the severe and continuing threat posed by the psychopathic criminal. (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)

Various social animal species have been noted to inhibit aggressive attacks when a conspecific displays submission cues. Blair (1993) has suggested that humans possess a functionally similar mechanism which mediates the suppression of aggression in the context of distress cues. He has suggested that this mechanism is a prerequisite for the development of the moral/conventional distinction; the consistently observed distinction in subject's judgments between moral and conventional transgressions. Psychopaths may lack this violence inhibitor. A causal model is developed showing how (...) the lack of this mechanism would explain the core behavioural symptoms associated with the psychopathic disorder. A prediction of such a causal model would be that psychopaths should fail to make the moral/conventional distinction. This prediction was confirmed. The implication of this finding for other theories of morality is discussed. (shrink)

Contains an overall account of morality in its philosophical format particularly with regard to problems of observation, evidence, and truth.

It is common for philosophers to argue that psychopaths are not morally responsible because they lack some of the essential capacities for morality. In legal terms, they are criminally insane. Typically, however, the insanity defense is not available to psychopaths. The primary reason is that they appear to have the knowledge and understanding required under the M’Naghten Rules. However, it has been argued that what is required for moral and legal responsibility is ‘deep’ moral understanding, something that psychopaths do not (...) have either due to their lacking empathy or practical reason. In the first part of the paper, I argue that psychopaths do not lack the abilities required for deep moral understanding, although they have deficits in those areas. According the M’Naghten Rules, therefore, psychopaths are not insane. Under a less strict formulation of the insanity plea, like the Model Penal Code, however, there is a good case to be made for their lacking substantial capacity. I argue that because psychopathy is an essentially moral disorder, and because of the nature of psychopathic violence, psychopaths should not be excused under the insanity plea. It would be tantamount to excusing someone for committing a crime because they are bad. Arguably, this contravenes the entire system of law. (shrink)

The question of the psychopath's responsibility for his or her wrongdoing has received considerable attention. Much of this attention has been directed toward whether psychopaths are a counterexample to motivational internalism (MI): Do they possess normal moral beliefs, which fail to motivate them? In this paper, I argue that this is a question that remains conceptually and empirically intractable, and that we ought to settle the psychopath's responsibility in some other way. I argue that recent empirical work on the moral (...) judgments of psychopaths provides us with good reason to think that they are not fully responsible agents, because their actions cannot express the kinds of ill-will toward others that grounds attributions of distinctively moral responsibility. I defend this view against objections, especially those due to an influential account of moral responsibility that holds that moral knowledge is not necessary for responsibility. (shrink)

Some philosophers have argued that the psychopath serves as the ultimate test of the limits of moral responsibility. They hold that the psychopath lacks a deep knowledge of right and wrong, and that Kant’s ethics arguably offers the most plausible account of this moral knowledge. On this view, the psychopath’s lack of moral understanding is due to a cognitive failure involving practical reason. I argue that the deep knowledge of right and wrong consists of emotional and volitional components in addition (...) to a cognitive one. Hence it is mistaken to claim that the psychopath’s moral deficiency is due solely to a cognitive failure, or that his lack of the deep knowledge of right and wrong can be explained entirely in terms of a defect of practical reason. I refer to empirical research to show that the Kantian model of practical reason does not provide a satisfactory account of responsibility of the psychopath in particular or of moral agents in general. On the basis of both philosophical and empirical considerations, I argue that the psychopath is at least partly responsible for his behaviour. (shrink)

Mele's ultimate purpose in this book is to help readers think more clearly about free will. He identifies and makes vivid the most important conceptual obstacles to justified belief in the existence of free will and meets them head on. Mele clarifies the central issues in the philosophical debate about free will and moral responsibility, criticizes various influential contemporary theories about free will, and develops two overlapping conceptions of free will--one for readers who are convinced that free will is incompatible (...) with determinism (incompatibilists), and the other for readers who are convinced of the opposite (compatibilists). Luck poses problems for all believers in free will, and Mele offers novel solutions to those problems--one for incompatibilist believers in free will and the other for compatibilists. An early chapter of this empirically well-informed book clearly explains influential neuroscientific studies of free will and debunks some extravagant interpretations of the data. Other featured topics include abilities and alternative possibilities, control and decision-making, the bearing of manipulation on free will, and the development of human infants into free agents. Mele's theory offers an original perspective on an important problem and will garner the attention of anyone interested in the debate on free will. (shrink)

The role of freedom in assigning moral responsibility is one of the deepest problems in metaphysics and moral theory. _Incompatibilism’s Allure_ provides original analysis of the principal arguments for incompatibilism. Ishtiyaque Haji incisively examines the consequence argument, the direct argument, the deontic argument, the manipulation argument, the impossibility argument and the luck objection. He introduces the most important contemporary discussions in a manner accessible to advanced undergraduates, but also suited to professional philosophers. The result is a unique and compelling account (...) for incompatibilism’s continuing allure. (shrink)

Mele's ultimate purpose in this book is to help readers think more clearly about free will. He identifies and makes vivid the most important conceptual obstacles to justified belief in the existence of free will and meets them head on. Mele clarifies the central issues in the philosophical debate about free will and moral responsibility, criticizes various influential contemporary theories about free will, and develops two overlapping conceptions of free will--one for readers who are convinced that free will is incompatible (...) with determinism (incompatibilists), and the other for readers who are convinced of the opposite (compatibilists). Luck poses problems for all believers in free will, and Mele offers novel solutions to those problems--one for incompatibilist believers in free will and the other for compatibilists. An early chapter of this empirically well-informed book clearly explains influential neuroscientific studies of free will and debunks some extravagant interpretations of the data. Other featured topics include abilities and alternative possibilities, control and decision-making, the bearing of manipulation on free will, and the development of human infants into free agents. Mele's theory offers an original perspective on an important problem and will garner the attention of anyone interested in the debate on free will. (shrink)

This book explores the epistemic or knowledge requirement of moral responsibility. Haji argues that an agent can be blamed (or praised) only if the agent harbors a belief that the action in question is wrong (or right or obligatory). Defending the importance of an "authenticity" condition when evaluating moral responsibility, Haji holds that one cannot be morally responsible for an action unless the action issues from sources (like desires or beliefs) that are truly the agent's own. Engaging crucial arguments in (...) moral theory to elaborate his views on moral responsibility, Haji addresses as well fascinating, underexamined topics such as assigning blame across an intercultural gap and the relevance of unconscious or dream thoughts when evaluating responsibility. (shrink)

This study investigated the performance of boys with psychopathic tendencies and comparison boys, aged 9 to 17 years, on two tasks believed to be sensitive to amygdala and orbitofrontal cortex func- tioning. Fifty-one boys were divided into two groups according to the Psychopathy Screening Device (PSD, P. J. Frick & R. D. Hare, in press) and presented with two tasks. The tasks were the gambling task (A. Bechara, A. R. Damasio, H. Damasio, & S. W. Anderson, 1994) and the Intradimensional/ (...) Extradimensional (ID/ED) shift task (R. Dias, T. W. Robbins, & A. C. Roberts, 1996). The boys with psychopathic tendencies showed impaired performance on the gambling task. However, there were no group differences on the ID/ED task either for response reversal or extradimensional set shifting. The implications of these results for models of psychopathy are discussed. (shrink)

Lawrie Reznek addresses these questions and more in his controversial investigation of the insanity defense in Evil or Ill ? Drawing from countless intriguing case examples, he aims to understand the concept of an excuse, and explains why the law excuses certain actions and not others. In his easily accessible and elegant style, he explains that in law, there exists two excuses derived from Aristotle: the excuses of ignorance and compulsion. Reznek, however proposes a third excuse - the excuse of (...) character change. In introducing this third excuse, Reznek raises a controversial possibility - the abolition of the insanity defence. (shrink)

In this paper, I restrict discussion to cases of psychopathy in which it is assumed that psychopaths who satisfy epistemic requirements of responsibility, including the requirement that one is culpable for an action only if one performs it in light of the belief that one is doing wrong, can and do perform actions they take to be immoral or illegal. I argue that in such cases, the well-documented emotional impairment of psychopaths fails to subvert moral culpability. In particular, it does (...) not undermine the sort of control required for moral blameworthiness and, hence, assuming all other conditions of responsibility have been met, the psychopaths of concern are indeed culpable for their behavior. Drawing, however, from certain lessons regarding the effects of coercion on responsibility, I propose that emotional impairment is a factor that should abate, perhaps even significantly, negative reaction to or treatment of such agents. (shrink)

The standard philosophical and folk-psychological accounts of cognition and action credit us with too much spontaneity in our activities and projects. We are taken to be fundamentally active rather than reactive, to project our needs and aims and deploy our full supporting arsenal of cognitive instruments upon an essentially passive environment. The corrected point of view presented here balances this image of active agency with an appreciation of how we are also continually responding to the world, that is, to the (...) pragmatic situations that effectively select subsets of our cognitive resources to be at our disposal in generating responses. The result is a superseding of the standard Cognitive Integrationist picture by a model of a structurally divided mind, comprising a multiplicity of diverse and sometimes-conflicting standpoints, personas, and wills whose elicitation is a complex function of agent intentions and plans, the encountered environment, past experience, and temporal sequence. According to this model, the manifold stored representations constituting a person’s cognitive endowment do not form a single integrated network all equally ready for use. Cognition at any given moment is limited to drawing upon only a subset of one’s perspective, the perspect that is activated in accordance with the specific mental task or situation (the pragmatic context) that one perceives oneself to be facing. The system enlists the environmental context as trigger for practical and theoretical activity, based upon the agent’s prior experience. Though susceptible to certain kinds of error, and not inherently inclined toward innovative thinking, it enables the generally efficient use of our enormous cognitive endowments in conducting our lives in real time. (shrink)

This book presents a unique examination of mental illness. Though common to many mental disorders, delusions result in actions that, though perhaps rational to the individual, might seem entirely inappropriate or harmful to others. This book shows how we may better understand delusion by examining the nature of compulsion.

This chapter defends a history-sensitive compatibilist view of free action and moral responsibility against various criticisms by compatibilists. It constructs a new argument for incompatibilism that makes vivid a problem that luck poses for compatibilism: the zygote argument. It is argued that the zygote argument is much more powerful than more familiar arguments for incompatibilism, and that, even so, compatibilism may survive the attack.

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)

Prior studies provide consistent evidence of deficits for psychopaths in processing verbal emotional material but are inconsistent regarding nonverbal emotional material. To examine whether psychopaths exhibit general versus specific deficits in nonverbal emotional processing, 34 psychopaths and 33 nonpsychopaths identified with Hare's (R. D. Hare, 1991) Psychopathy Checklist-Revised were asked to complete a facial affect recognition test. Slides of prototypic facial expressions were presented. Three hypotheses regarding hemispheric lateralization anomalies in psychopaths were also tested (right-hemisphere dysfunction, reduced lateralization, and reversed (...) lateralization). Psychopaths were less accurate than nonpsychopaths at classifying facial affect under conditions promoting reliance on right-hemisphere resources and displayed a specific deficit in classifying disgust. These findings demonstrate that psychopaths exhibit specific deficits in nonverbal emotional processing. (shrink)

Moral Appraisability is not quite such a good book as its confident and lucid introduction leads one to hope, but it is work of both substance and promise. Ishtiyaque Haji’s main project is to determine sufficient conditions for moral appraisability: that is, for the propriety of holding an agent praiseworthy or blameworthy for an action. Identifying three primary conditions—control, autonomy, and epistemic—he refines them with the aid of a meticulous analysis of recent discussions and a range of vivid examples, and (...) applies them in his closing chapters to such vexed questions as the responsibility of addicts for their addictive behavior, the justification of cross-cultural attributions of blame, and our appraisability for our thoughts when dreaming. (shrink)