This essay challenges the widely accepted principle that a person is morally responsible for what he has done only if he could have done otherwise. The author considers situations in which there are sufficient conditions for a certain choice or action to be performed by someone, So that it is impossible for the person to choose or to do otherwise, But in which these conditions do not in any way bring it about that the person chooses or acts as he (...) does. In such situations the person may well be morally responsible for what he chooses or does despite his inability to choose or to do otherwise. Finally the author considers certain suggestions for revising the principle he rejects or for replacing it with a principle of an altogether different kind. (shrink)

When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than the content (...) itself. This makes executive processes more important to the law than consciousness, since they are responsible for channeling conscious decision-making into intentions and actions, or inhibiting action.We provide a summary of the current state of our knowledge about executive processes, which consists primarily of information about which portions of the prefrontal lobes perform which executive processes. Then we describe several examples in which legal principles can be understood as tacitly singling out executive processes, including principles regarding defendants’ intentions or plans to commit crimes and their awareness that certain facts are the case, as well as excusatory principles which result in lesser responsibility for those who are juveniles, mentally ill, sleepwalking, hypnotized, or who suffer from psychopathy. (shrink)

This article considers whether psychopaths should be held criminally responsible. After describing the positive law of criminal responsibility in general and as it applies to psychopaths, it suggests that psychopaths lack moral rationality and that severe psychopaths should be excused from crimes that violate the moral rights of others. Alternative forms of social control for dangerous psychopaths, such as involuntary civil commitment, are considered, and the potential legal implications of future scientific understanding of psychopathy are addressed.

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 Three Papers comprising this series, together with my earlier [34] also published in this journal, constitute an attempt to set out the major issues in the theoretical domain of reduction and to develop a general theory of theory reduction. The fourth paper, [34], though published separately from this trio, is integral to the presentation and should be read in conjunction with these papers. Even so, the presentation is limited in scope – roughly, to intertheoretic reduction among empirical theories – (...) and informal in presentation – not least because a satisfying formal account of theories has yet to be offered. And despite the length, the treatment is still condensed; often corroborating and/or intuitively helpful detail has had to be consigned to footnotes or omitted. I approach the problem from within my own naturalistic realist philosophy of science and formal analysis of abstract hierarchy in theory. The sources for the former are [25], [29], [31], and [32] and those for the latter essentially [27] and [30]. Hierarchical notions played a significant role in the already published [34]. (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)

Increasing evidence from psychology and neuroscience suggests that emotion plays an important and sometimes critical role in moral judgment and moral behavior. At the same time, there is increasing psychological and neuroscientific evidence that brain regions critical in emotional and moral capacity are impaired in psychopaths. We ask how the criminal law should accommodate these two streams of research, in light of a new normative and legal account of the criminal responsibility of psychopaths.

Neuroimaging showing brain abnormalities is increasingly being introduced in criminal court proceedings to argue that a defendant could not control his behavior and should not be held responsible for it. But imaging has questionable probative value because it does not directly capture brain function or a defendant’s mental states at the time of a criminal act. Advanced techniques could transform imaging from a coarse-grained measure of correlations between brain states and behavior to a fine-grained measure of causal connections between them. (...) Even if this occurs, bias and other attitudes may unduly influence jurors’ interpretation of the data. Moreover, judges’ decisions about whether neuroimaging data is legally relevant and admissible are normative decisions based on more than empirical evidence. Advanced neuroimaging will better inform assessments of criminal responsibility but will not supplant or explain away the psychological and normative foundation of the criminal law. (shrink)

What is philosophy? How should we do it? Why should we bother to? These are the kinds of questions addressed by metaphilosophy - the philosophical study of the nature of philosophy itself. Students of philosophy today are faced with a confusing and daunting array of philosophical methods, approaches and styles and also deep divisions such as the notorious rift between analytic and Continental philosophy. This book takes readers through a full range of approaches - analytic versus Continental, scientistic versus humanistic, (...) 'pure' versus applied - enabling them to locate and understand these different ways of doing philosophy. Clearly and accessibly written, it will stimulate reflection on philosophical practice and will be invaluable for students of philosophy and other philosophically inclined readers. (shrink)

We have made huge progress in understanding the biology of mental illnesses, but comparatively little in interpreting them at the psychological level. The eminent philosopher Jonathan Glover believes that there is real hope of progress in the human interpretation of disordered minds. -/- The challenge is that the inner worlds of people with psychiatric disorders can seem strange, like alien landscapes, and this strangeness can deter attempts at understanding. Do people with disorders share enough psychology with other people to make (...) interpretation possible? To explore this question, Glover tackles the hard cases—the inner worlds of hospitalized violent criminals, of people with delusions, and of those diagnosed with autism or schizophrenia. Their first-person accounts offer glimpses of inner worlds behind apparently bizarre psychiatric conditions and allow us to begin to learn the “language” used to express psychiatric disturbance. Art by psychiatric patients, or by such complex figures as van Gogh and William Blake, give insight when interpreted from Glover’s unique perspective. He also draws on dark chapters in psychiatry’s past to show the importance of not medicalizing behavior that merely transgresses social norms. And finally, Glover suggests values, especially those linked with agency and identity, to guide how the boundaries of psychiatry should be drawn. -/- Seamlessly blending philosophy, science, literature, and art, Alien Landscapes? is both a sustained defense of humanistic psychological interpretation and a compelling example of the rich and generous approach to mental life for which it argues. (shrink)

One of the central problems in the philosophy of psychology is an updated version of the old mind-body problem: how levels of theories in the behavioral and brain sciences relate to one another. Many contemporary philosophers of mind believe that cognitive-psychological theories are not reducible to neurological theories. However, this antireductionism has not spawned a revival of dualism. Instead, most nonreductive physicalists prefer the idea of a one-way dependence of the mental on the physical.In Psychoneural Reduction, John Bickle presents a (...) new type of reductionism, one that is stronger than one-way dependency yet sidesteps the arguments that sank classical reductionism. Although he makes some concessions to classical antireductionism, he argues for a relationship between psychology and neurobiology that shares some of the key aims, features, and consequences of classical reductionism. Parts of Bickle's "new wave" reductionism have emerged piecemeal over the past two decades; this is his first comprehensive statement and defense of it to appear. (shrink)

In this innovative and important work, Gerald Gaus advances a revised and more realistic account of public reason liberalism, showing how, in the midst of fundamental disagreement about values and moral beliefs, we can achieve a moral and political order that treats all as free and equal moral persons. The first part of this work analyzes social morality as a system of authoritative moral rules. Drawing on an earlier generation of moral philosophers such as Kurt Baier and Peter Strawson as (...) well as current work in the social sciences, Gaus argues that our social morality is an evolved social fact, which is the necessary foundation of a mutually beneficial social order. The second part considers how this system of social moral authority can be justified to all moral persons. Drawing on the tools of game theory, social choice theory, experimental psychology and evolutionary theory, Gaus shows how a free society can secure a moral equilibrium that is endorsed by all, and how a just state respects, and develops, such an equilibrium. (shrink)

This book provides a comprehensive, systematic theory of moral responsibility. The authors explore the conditions under which individuals are morally responsible for actions, omissions, consequences, and emotions. The leading idea in the book is that moral responsibility is based on 'guidance control'. This control has two components: the mechanism that issues in the relevant behavior must be the agent's own mechanism, and it must be appropriately responsive to reasons. The book develops an account of both components. The authors go on (...) to offer a sustained defense of the thesis that moral responsibility is compatible with causal determinism. (shrink)

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)

Psychopathic behavior has long been attributed to a fundamental deficit in fear that arises from impaired amygdala function. Growing evidence has demonstrated that fear-potentiated startle (FPS) and other psychopathy-related deficits are moderated by focus of attention, but to date, no work on adult psychopathy has examined attentional modulation of the amygdala or concomitant recruitment of relevant attention- related circuitry. Consistent with previous FPS findings, here we report that psychopathy-related differences in amygdala activation appear and disappear as a function of goal-directed (...) attention. Specifically, decreased amygdala activity was observed in psychopathic offenders only when attention was engaged in an alternative goal-relevant task prior to presenting threat-relevant information. Under this condition, psychopaths also exhibited greater activation in selective-attention regions of the lateral prefrontal cortex (LPFC) than did nonpsychopaths, and this increased LPFC activation mediated psychopathy’s association with decreased amygdala activation. In contrast, when explicitly attending to threat, amygdala activation did not differ in psychopaths and nonpsychopaths. This pattern of amygdala activation highlights the potential role of LPFC in mediating the failure of psychopathic individuals to processfear and other important information when it is peripheral to the primary focus of goal-directed attention. (shrink)

Cognitive remediation is a treatment approach with the potential to translate basic science into more specific, mechanism-based interventions by targeting particular cognitive skills. The present study translated understanding of two well-defined cognitive-affective dysfunctions into novel deficit-matched interventions and evaluated whether cognitive remediation would demonstrate specific and generalizable change. Two antisocial subtypes, individuals with psychopathy and externalizing traits, are characterized by cognitive-affective problems that predispose them to engage in significant substance abuse and criminal behavior, culminating in incarceration. Whereas individuals with psychopathy (...) fail to consider important contextual information, individuals with externalizing traits lack the capacity to regulate affective reactions. Training designed to remedy these subtype-specific deficits led to improvement on both trained and nontrained tasks. Such findings offer promise for changing neural and behavioral patterns, even for what many consider to be the most recalcitrant treatment population, and presage a new era of translating cognitive-affective science into increasingly specific and effective interventions. (shrink)

Research on passive avoidance learning has demonstrated reliable differences between psychopaths and controls when avoidance errors result in electric shock but not in loss of money (Schmauk, 1970). Using monetary punishments, Newman, Widom, and Nathan (1985) found that psychopathic delinquents performed more poorly than controls in an experimental paradigm employing monetary reward as well as the avoidance contingency. The present study was conducted to replicate and extend these findings using adult psychopaths and a computer controlled task. Sixty white male prisoners (...) were assigned to groups using Hare's (1980) Psychopathy Checklist and administered a "go/no-go" discrimination task involving monetary incentives. One condition entailed competing reward and punishment contingencies; the other, two punishment contingencies. As predicted, psychopaths made significantly more passive avoidance errors than nonpsychopaths when the task contained competing goals (p < .05)but performed as well as controls when the subjects' only goal was avoiding punishment. Results corroborate earlier findings that psychopaths are relatively poor at learning to inhibit reward-seeking behavior that results in monetary punishment. (shrink)

The current paper examines the functional contributions of the amygdala and ventromedial prefrontal cortex (vmPFC) and the evidence that the functioning of these systems is compromised in individuals with psychopathy. The amygdala is critical for the formation of stimulus–reinforcement associations, both punishment and reward based, and the processing of emotional expressions. vmPFC is critical for the representation of reinforcement expectancies and, owing to this, decision making. Neuropsychological and neuroimaging data from individuals with psychopathy are examined. It is concluded that these (...) critical functions of the amygdala and vmPFC, and their interaction, are compromised in individuals with the disorder. It is argued that these impairments lead to the development of psychopathy. (shrink)

There are legitimate worries about gaps between scientific evidence of brain states and function (for example, as evidenced by fMRI data) and legal criteria for determining criminal culpability. In this paper I argue that behavioral evidence of capacity, motive and intent appears easier for judges and juries to use for purposes of determining criminal liability because such evidence triggers the application of commonsense psychological (CSP) concepts that guide and structure criminal responsibility. In contrast, scientific evidence of neurological processes and function (...) – such as evidence that the defendant has a large brain tumor – will not generally lead a judge or jury to directly infer anything that is relevant to the legal determination of criminal culpability . (Vincent 2008) In these cases, an expert witness will be required to indicate to the fact-finder what this evidence means with regard to mental capacity; and then another inference will have to be made from this possible lack of capacity to the legal criteria for guilt, cast in CSP terms.<br><br>To reliably link evidence of brain function and structure and assessment of criminal responsibility, we need to re-conceptualize the mental capacities necessary for responsibility, particularly those that are recognized as missing or compromised by the doctrines of “legal capacity” (Hart 1968) and “diminished capacity.” I argue that formulating these capacities as executive functions within the brain can provide this link. I further claim that it would be extremely useful to consider evidence of executive function as related to the diminished capacity doctrine at sentencing. This is because it is primarily at this stage in criminal proceedings where the use of the diminished capacity doctrine is most prevalent, as evidenced by the recent Supreme Court cases of Atkins v. Virginia (536 U.S. 304 (2002)) and Roper v. Simmons (543 U.S. 551 (2005)).<br>. (shrink)

This study investigates the performance of psychopathic individuals on tasks believed to be sensitive to dorsolateral prefrontal and orbitofrontal cortex (OFC) functioning. Psychopathic and non-psychopathic individuals, as defined by the Hare psychopathy checklist revised (PCL-R) [Hare, The Hare psychopathy checklist revised, Toronto, Ontario: Multi-Health Systems, 1991] completed a gambling task [Cognition 50 (1994) 7] and the intradimensional/extradimensional (ID/ED) shift task [Nature 380 (1996) 69]. On the gambling task, psychopathic participants showed a global tendency to choose disadvantageously. Specifically, they showed an (...) impaired ability to show learning over the course of the task. On the ID/ED task, the performance of psychopathic individuals was not significantly different from incarcerated controls on attentional set-shifting, but significant impairments were found on response reversal. These results are interpreted with reference to an OFC and amygdala dysfunction explanation of psychopathy. (shrink)

Psychopathy is a severe personality disorder that has been linked to impaired behavioural adaptation during reinforcement learning. Recent electrophysiological studies have suggested that psychopathy is related to impairments in intentionally using information relevant for adapting behaviour, whereas these impairments remain absent for behaviour relying on automatic use of information. We sought to investigate whether previously found impairments in response reversal in individuals with psychopathy also follow this di- chotomy. We expected response reversal to be intact when the automatic use of (...) information was facilitated. In contrast, we expected im- paired response reversal when intentional use of information was required. Methods: We included offenders with psychopathy and matched healthy controls in 2 experiments with a probabilistic cued go/no-go reaction time task. The task implicated the learning and re- versal of 2 predictive contingencies. In experiment 1, participants were not informed about the inclusion of a learning component, thus making cue-dependent learning automatic/incidental. In experiment 2, the instructions required participants to actively monitor and learn predictive relationships, giving learning a controlled/intentional nature. Results: While there were no significant group differences in acqui- sition learning in either experiment, the results revealed impaired response reversal in offenders with psychopathy when controlled learn- ing was facilitated. Interestingly, this impairment was absent when automatic learning was predominant. Limitations: Possible limitations are the use of a nonforensic control group and of self-report measures for drug use. Conclusion: Response reversal deficits in individuals with psychopathy are modulated by the context provided by the instructions, according to the distinction between automatic and controlled processing in these individuals. (shrink)