Philosophical Perspectives, Volume 35, Issue 1, Page 170-188, December 2021.

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)

Does smoke cause fire or does fire cause smoke? James Woodward’s “Flagpoles anyone? Causal and explanatory asymmetries” argues that various statistical independence relations not only help us to uncover the directions of causal and explanatory relations in our world, but also are the worldly basis of causal and explanatory directions. We raise questions about Woodward’s envisioned epistemology, but our primary focus is on his metaphysics. We argue that any alleged connection between statistical (in)dependence and causal/explanatory direction is contingent, at best. (...) The directions of causal/explanatory relations in our world seem not to depend on the statistical (in)dependence relations in our world (conceived of either as frequency patterns or as relations among chances). Thus, we doubt that statistical (in)dependence relations are the worldly basis of causal and explanatory directions. (shrink)

In this paper we attempt to reply to the thoughtful comments made on our book, Responsible Brains, by a stellar group of scholars. Our reply focuses on two topics discussed in the commenting papers: first, the issue of responsibility for negligent behavior; and second, the broad claim that facts about brain function are normatively inert. In response to worries that our theory lacks normative implications, we will concentrate on an area where our theory has clear relevance to law and legal (...) policy: juvenile responsibility. (shrink)

Empirical research has distinguished moral judgments that focus on an act and the actor’s intention or mental states, and those that focus on results of an action and then seek a causal actor. Studies indicate these two types of judgments may result from a “dual-process system” of moral judgment (Cushman 2008, Kneer and Machery 2019). Results-oriented judgements may be subject to the problem of resultant moral luck because different results can arise from the same action and intention. While some argue (...) luck should not bear on persons’ culpability, Victor Kumar has argued that the tendency to hold unlucky agents responsible for harm is justified by consequentialist aims of punishment (Kumar 2019). In contrast, judgments that focus on acts and intentions may be primarily retributive. Kumar claims that judgments focused on results track external, public harm because this increases the reliability of punishment and better achieves instrumental aims, including deterrent effect. In this chapter I examine rape cases using Kumar’s theory of punishment. Rape involves outcomes that are not publicly available. If judgments of punishment depend on outcomes, then we would expect such judgments to be less stable for those instances of wrongdoing that lack public outcomes such as rape, because such judgments would rely instead on often biased and unreliable inferential processes to establish the presence of mental states, which are essentially private. In this way Kumar’s theory actually predicts the way in which we see criminal justice institutions fail with regard to arrest, prosecution, and punishment related to rape; and we might expect similar failures for other crimes that lack publicly available results. In sum, a fundamental problem with institutionalized punishment centered upon results may be that some crimes sit within a moral blindspot. (shrink)

US criminal courts have recently moved toward seeing juveniles as inherently less culpable than their adult counterparts, influenced by a growing mass of neuroscientific and psychological evidence. In support of this trend, this chapter argues that the criminal law’s notion of responsible agency requires both the cognitive capacity to understand one’s actions and the volitional control to conform one’s actions to legal standards. These capacities require, among other things, a minimal working set of executive functions—a suite of mental processes, mainly (...) realized in the prefrontal cortex, such as planning and inhibition—which remain in significant states of immaturity through late adolescence, and in some cases beyond. Drawing on scientific evidence of how these cognitive and volitional capacities develop in the maturing brain, the authors sketch a scalar structure of juvenile responsibility, and suggest some possible directions for reforming the juvenile justice system to reflect this scalar structure. (shrink)

In this chapter I use virtue theory to critique certain contemporary punishment practices. From the perspective of virtue theory, respect for rational agency indicates a respect for choice-making as the process by which we form dispositions which in turn give rise to further choices and action. To be a moral agent one must be able to act such that his or her actions deserve praise or blame; virtue theory thus demands that moral agents engage in rational choice-making as a means (...) to develop and exercise the character traits from which culpable action issues. With respect to criminal offenders, virtue theory indicates the state is obligated to recognize offenders’ right to form their own moral character via rational choice-making, even while under state supervision. I will argue below that punishment practices should limit choice-making only to the extent necessary to achieve the functions of punishment : whenever possible, punishment should preserve opportunities for the rational exercise of character and development of virtue. This means that even within a prison setting incarcerated offenders should be able to make some choices about their daily lives. Offenders should also be offered opportunities to develop virtuous traits through rehabilitative programming such as drug addiction treatment, educational programming, and job training. I will also argue that two contemporary punishment practices unjustly undermine an offender’s moral agency. The first is the overuse of isolation sanctions, which very severely limits offender choice-making. The second is chemical castration, which results in limiting an offender’s capacity to develop his character within a specific realm of choice-making. I conclude that these two punishments violate offenders’ moral agency, and that this violation cannot be justified by appeal to the aims of incapacitation, deterrence, retribution, and rehabilitation. (shrink)

This chapter will argue that the criminal law is most compatible with a specific theory regarding the mind/body relationship: non-eliminative reductionism. Criminal responsibility rests upon mental causation: a defendant is found criminally responsible for an act where she possesses certain culpable mental states (mens rea under the law) that are causally related to criminal harm. If we assume the widely accepted position of ontological physicalism, which holds that only one sort of thing exists in the world – physical stuff – (...) non-eliminative reductive physicalism about the mind offers the most plausible account of the full-bodied mental causation criminal responsibility requires. Other theories of the mind/body relationship, including elminativism and non-reductive physicalism, threaten criminal responsibility because they do not offer satisfactory accounts of mental causation. Eliminativism, as the name implies, eliminates the mental or is skeptical that it can do the causal work necessary to responsibility; and non-reductive theories disconnect the mental from the physical/casual world such that the mental can no longer have reliable causal effects. (shrink)

This chapter examines how advances in nanotechnology might impact criminal sentencing. While many scholars have considered the ethical implications of emerging technologies, such as nanotechnology, few have considered their potential impact on crucial institutions such as our criminal justice system. Specifically, I will discuss the implications of two types of technological advances for criminal sentencing: advanced tracking devices enabled by nanotechnology, and nano-neuroscience, including neural implants. The key justifications for criminal punishment- including incapacitation, deterrence, rehabilitation, and retribution – apply very (...) differently to criminal sentences using these emerging technologies than they do to imprisonment. Further, use of these technologies would represent a shift away from retribution as the primary justification for criminal punishment. In addition, the possibility of nano-neural implants entails a new model of rehabilitation: namely, involuntary rehabilitation aimed at changing an offender’s character, rather than his environment. (shrink)

Neuroethics is the body of work exploring the ethical, legal, and social implications of neuroscience. This work can be separated into two rough categories. The neuroscience of ethics concerns a neuroscientific understanding of the brain processes that underpin moral judgment and behavior. The ethics of neuroscience, on the other hand, includes the potential impact advances in neuroscience may have on social, moral and philosophical ideas and institutions, as well as the ethical principles that should guide brain research, treatment of brain (...) disease, and cognitive enhancement. Central to the questions posed in neuroethics is the way in which neuroscience might impact our sense of self and personal responsibility, and our understanding the structure of moral judgments. (shrink)

In a recent book, Neil Levy argues that culpable action – action for which we are morally responsible – is necessarily produced by states of which we are consciously aware. However, criminal defendants are routinely held responsible for criminal harm caused by states of which they are not conscious in Levy’s sense. In this chapter I argue that cases of negligent criminal harm indicate that Levy’s claim that moral responsibility requires synchronic conscious awareness of the moral significance of an act (...) is too strict, and that tracing conditions cannot be successfully used to bolster Levy’s account. Instead, current legal practices indicate that criminal responsibility requires the capacity for diachronic agency and self-control, not synchronic conscious control. (shrink)

Despite the high profile of evolutionary explanations of human behaviour, their status remains highly disputed. Are all evolutionary explanations of human behaviour sensational 'just so' stories, or is there a proper science of sociobiology? Sense and Nonsense provides an answer to this question by assessing the legitimacy of a range of evolutionary approaches to human behaviour.

This chapter explores whether chemical castration can be justified as a form of criminal punishment. The author argues that castration via the drug medroxyprogesterone acetate (MPA), or some similar drug, does not achieve the punishment aims of retribution, deterrence, or incapacitation, but might serve as punishment in the form of rehabilitative treatment. However, current U.S. chemical castration statutes are too broad to be justified as rehabilitative. The state is warranted in targeting psychological states in criminal defendants for rehabilitative treatment where (...) such states (a) act as a primary cause of a criminal offender’s crime and (b) give rise to extraordinary worries that the offender will recidivate. Current statutes qualify criminal offenders for castration who do not have overwhelming sexual urges or other psychological states causally related to their crime that may be treated with MPA. Thus, even assuming the efficacy of MPA, such statutes are unjustifiable because they apply chemical castration to offenders for whom castration will have no rehabilitative effect. (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 download includes the table of contents and chapter 1.] -/- When we praise, blame, punish, or reward people for their actions, we are holding them responsible for what they have done. Common sense tells us that what makes human beings responsible has to do with their minds and, in particular, the relationship between their minds and their actions. Yet the empirical connection is not necessarily obvious. The “guilty mind” is a core concept of criminal law, but if a defendant (...) on trial for murder were found to have serious brain damage, which brain parts or processes would have to be damaged for him to be considered not responsible, or less responsible, for the crime? The authors argue that evidence from neuroscience and the other cognitive sciences can illuminate the nature of responsibility and agency. They go on to offer a novel and comprehensive neuroscientific theory of human responsibility. (shrink)

The challenges facing us today require practical wisdom to allow us to react appropriately. In this paper, we argue that at a group level, we will make better decisions if we respect and take into account the moral judgment of agents with diverse styles of cognition and moral reasoning. We show this by focusing on the example of autism, highlighting different strengths and weaknesses of moral reasoning found in autistic and non-autistic persons respectively.

The emerging neuroscience of psychopathy will have several important implications for our attempts to construct an ethical society. In this article we begin by describing the list of criteria by which psychopaths are diagnosed. We then review four competing neuropsychological theories of psychopathic cognition. The first of these models, Newman’s attentional model, locates the problem in a special type of attentional narrowing that psychopaths have shown in experiments. The second and third, Blair’s amygdala model and Kiehl’s paralimbic model represent the (...) psychopath’s problem as primarily emotional, including reduced tendency to experience fear in normally fearful situations, and a failure to attach the proper significance to the emotions of others. The fourth model locates the problem at a higher level: a failure of psychopaths to notice and correct for their attentional or emotional problems using “executive processes.” In normal humans, decisions are accomplished via these executive processes, which are responsible for planning actions, or inhibiting unwise actions, as well as allowing emotions to influence cognition in the proper way. We review the current state of knowledge of the executive capacities of psychopaths. We then evaluate psychopaths in light of the three major philosophical theories of ethics, utilitarianism, deontological theory, and virtue ethics. Finally, we turn to the difficulty psychopath offenders pose to criminal law, because of the way psychopathy interacts with the various justifications and functions of punishment. We conclude with a brief consideration of the effects of psychopaths on contemporary social structures. (shrink)

This article examines the domestic use of drones by law enforcement to gather information. Although the use of drones for surveillance will undoubtedly provide law enforcement agencies with new means of gathering intelligence, these unmanned aircrafts bring with them a host of legal and epistemic complications. Part I considers the Fourth Amendment and the different legal standards of proof that might apply to law enforcement drone use. Part II explores philosopher Wittgenstein’s notion of actional certainty as a means to interpret (...) citizens' expectations of privacy with regard to their patterns of movement over time. Part III discusses how the theory of actional certainty can apply to the epistemic challenge of determining what is a “reasonable” expectation of privacy under the law. This Part also investigates the Mosaic Theory as a possible reading of the Fourth Amendment. (shrink)

The cases that Doris chronicles of confabulation are similar to perceptual illusions in that, while they show the interstices of our perceptual or cognitive system, they fail to establish that our everyday perception or cognition is not for the most part correct. Doris's account in general lacks the resources to make synchronic assessments of responsibility, partially because it fails to make use of knowledge now available to us about what is happening in the brains of agents.

This study sought to investigate the Human Resource and Management (HRM) Program of a preschool hereinafter referred to as the Early Years Learning Center (EYLC) in Mandaluyong City for purposes of this research study. This is a qualitative case study that delved particularly into the issue of employee retention, especially of seasoned teachers and staff of the subject learning center. It used the interview method to generate an in-depth analysis as it revisited its HRM Program. To triangulate the data gathered, (...) documents from websites and social media as well as artifacts were also utilized. There is a dearth of research on the Human Resource and Management Program in preschool education. Most studies are from India and China. In terms of the HRM Program in education, SWOT analysis was frequently used to help improve the program. There were negligible sources that used the balanced scorecard at the preschool level. Hence, a combination of the SWOT analysis and the Balanced Scorecard method were utilized - the SWOT Analysis to determine the problems the learning center faces vis-à-vis its HRM Program, and the balanced scorecard in the search for a solution or strategy to help solve the problem. Based on the study, these combined tools proved to be effective in revisiting the HRM Program of schools. After interviewing the Directress of EYLC, findings disclosed that to be able to improve the retention of employees in the learning center, the focus should be given to the hiring policies and procedures keeping in mind the job security of its targeted employees. This brings forward concerns over advertising schemes utilizing different venues and platforms as well as issues involving the provision of seasoned employees with a retirement package, comprehensive Health Management Organization (HMO), and a continuing professional development program. (shrink)

Child soldiers, who often appear to be both victims and perpetrators, present a vexing moral and legal challenge: how can we protect the rights of children while seeking justice for the victims of war crimes? There has been little stomach, either in domestic or international courts, for prosecuting child soldiers—but neither has this challenge been systematically addressed in international law. Establishing a uniform minimum age of criminal responsibility would be a major step in the right direction; we argue that such (...) a standard ought to be guided by the best evidence from neuropsychology about the development, during childhood and adolescence, of the executive functions that give rise to morally and legally responsible agents. In light of that evidence, which suggests that the brain’s executive functions are still maturing into early adulthood, we recommend a graded structure of culpability for child soldiers. (shrink)

The images of human suffering from New Orleans in the aftermath of Hurricane Katrina remain seared in our nation's collective memory. More than 8 years on, the city and its African-American population still have not recovered fully. This reality highlights an important truth: the disturbances that accompany climate change will first and foremost affect minority communities, many of whom are economically disadvantaged. This paper: (1) describes how Hurricane Katrina, an example of the type of natural disaster that will (...) become more prevalent with intensifying climate change, has impacted the black community of New Orleans; (2) explores the notion that African Americans, in the midst of racial oppression, have developed a unique and powerful brand of environmental thought that has much to contribute to mainstream environmentalism; and (3) argues that the voice of the black community, which has a vested interest in climate outcomes, is critically needed in today's climate debate. (shrink)

Disaster response is a highly collaborative and critical process that requires the involvement of multiple emergency responders (ERs), ideally working together under a unified command, to enable a rapid and effective operational response. Following the 9/11 and 11/13 terrorist attacks and the devastation of hurricanes Katrina and Rita, it is apparent that inadequate communication and a lack of interoperability among the ERs engaged on-site can adversely affect disaster response efforts. Within this context, we present a scenario-based terrorism case study (...) to highlight the challenges of operational disaster command and response. In this article, which is based on the French emergency response doctrine, we outline a semantics-based common operational command system that is designed to guarantee an efficient information flow among ERs. Our focus is on offering to all ERs, a real-time operational picture of the situation in order to enable multilevel coordination among firefighters, police, healthcare units, public authorities, and other stakeholders. Our approach consolidates information to promote timely sharing of data among ERs. The proposed system is based on an ontology that has been developed to represent the different types of knowledge on the part of ERs, providing a shared vocabulary that covers a variety of interoperability concerns. (shrink)

One branch of bioethics assumes that mainly agents of the state are responsible for public health. Following Susan Sherwin’s relational ethics, we suggest moving away from a “state-centered” approach toward a more thoroughly relational approach. Indeed, certain agents must be reconstituted in and through shifting relations with others, complicating discussions of responsibility for public health. Drawing on two case studies—the health politics and activism of the Black Panther Party and the work of the Common Ground Collective in post-Katrina New (...) Orleans—we argue for the need to attend more carefully to the limitations of states and state-driven public health programs. (shrink)