The research into the typical behavioral pattern, motivational structure, and the value system of psychopaths can shed light on at least three aspects related to the analysis of the moral agency. First, it can help elucidating the emotive and cognitive conditions necessary for moral performance. Secondly, it can provide empirical evidence supporting the externalist theories of moral motivation. Finally, it can bring into greater focus our intuitive notion of the limits of moral responsibility. In this paper I shall concentrate on (...) the last one—the question of responsibility of the amoralists, but the discussion will have an indirect bearing on the other two themes as well. My main reason for holding psychopaths morally responsible breaks down into two claims: the assumption that most ordinary people are morally responsible for their intentional actions and the denial that the psychopaths are qualitatively different from the non-psychopaths. This thesis is further defended against two objections. First, I am arguing that the genetically based emotive deficiency of the psychopaths cannot be seen the factor condemning them to amoral existence, and thus cannot be cited as an exempting condition. Secondly, my position is defended against the claim that psychopaths are partly responsible for their actions. It is argued that the notion of partial responsibility is either incoherent or else rests on a false empirical premise. My conclusion is in agreement with, and provides a theoretical justification for, the position of most classifications of the persons with antisocial personality disorder in the DSM IV. (shrink)

Philosophical discussions of psychopathy have been framed primarily in terms of psychopaths' conspicuous moral shortcomings. But despite their vaunted ‘egocentricity’, another prominent trait in the standard psychopathic profile is a characteristic failure to look after themselves; in an important way, psychopaths appear to be as careless of themselves as they are of others. Assuming that the standard profile is largely correct, the question is how these moral and prudential deficits are related. Are they linked in some non‐accidental way? This paper (...) is a sympathetic exploration and articulation of the hypothesis that psychopathy involves an incapacity for critical distance from from one's own impulses and inclinations, an incapacity that would explain the lack of both prudential and moral regard. (shrink)

I develop here a Kantian framework for understanding conscience in order to examine whether moral flaws of psychopaths are traceable to their dysfunctional conscience. When understood as the reflective capacity for moral self-assessment that triggers certain emotional reactions, conscience proves to be a fruitful tool for explaining psychopathic moral incompetence. First, I show how the unrealistic moral self-assessment of psychopaths affects their competence in judging moral issues and in being motivated to act morally. I then highlight how focusing on this (...) specific rational deficit of psychopaths significantly modifies the status of rationalism within the contemporary dispute as to whether psychopathy supports sentimentalism exclusively. (shrink)

Steven Tudor defends the mitigation of criminal sentences in cases in which offenders are genuinely remorseful for their crimes. More than this, he takes the principle that such remorse-based sentence reductions are appropriate to be a ‘well-settled legal principle’—so well settled, in fact, that ‘it is among those deep-seated commitments which can serve to test general theories as much as they are tested by them’. However, his account of why remorse should reduce punishment is strongly philosophical in character. He sets (...) to one side the many practical difficulties in implementing such reductions in the real world of criminal justice institutions so that he can focus on the question of whether a plausible account of sentencing can show that remorse should mitigate punishment. I contend that Tudor’s defense of such reductions is unpersuasive in certain respects. Yet even if it can be made more persuasive, I argue that the conditions that would have to be satisfied for remorse-based sentence reductions to be justifiably implemented are so many and various that they would likely exceed our abilities to responsibly grant them in real world legal contexts. I therefore claim that Tudor has failed to provide a defense of the ‘remorse principle’ that serves to explain or justify existing legal practices. (shrink)

00 Students of philosophy, psychology, sociology, and literature will welcome this collection of original essays on self-deception and related phenomena such as ...

There are some distinct methodological challenges, and possible pitfalls, for neuroethics when it evaluates neuroscientific results and links them to issues such as moral or legal responsibility. Some problems emerge in determining the requirements for responsibility. We will show how philosophical proposals in this area need to interact with legal doctrine and practice. Problems can occur when inferring normative implications from neuroscientific results. Other problems arise when it is not recognized that data about brain anatomy or physiology are relevant to (...) the ascription of responsibility only when they are significantly correlated with the psychological capacities contemplated by the legal formulations of responsibility. We will demonstrate this by considering two significant cases concerning psychopathy. Some paradigms that aim at measuring higher-order capacities, such as moral understanding, have limited validity. More robust paradigms for the study of learning in restricted controlled conditions, on the other hand, have limited ecological validity across individuals and context to be of any use for the law. (shrink)

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)

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)

Retributive approaches to the justification of legal punishment are often thought to place exacting and unattractive demands on state officials, requiring them to expend scarce public resources on apprehending and punishing all offenders strictly in accordance with their criminal ill deserts. Against this caricature of the theory, I argue that retributivists can urge parsimony in the use of punishment. After clarifying what parsimony consists in, I show how retributivists can urge reductions in the use of punishment in order to conserve (...) scarce resources for other valuable social purposes, minimize the foreseeable and adverse effects of legal punishment on the innocent, and accommodate the fact that existing societies fail in numerous ways to satisfy the conditions that make retributive punishment fully justified. (shrink)

Psychopaths have long been of interest to moral philosophers, since a careful examination of their peculiar deficiencies may reveal what features are normally critical to the development of moral agency. What underlies the psychopath's amoralism? A common and plausible answer to this question is that the psychopath lacks empathy. Lack of empathy is also claimed to be a critical impairment in autism, yet it is not at all clear that autistic individuals share the psychopath's amoralism. How is empathy characterized in (...) the literature, and how crucial is empathy, so described, to moral understanding and agency? I argue that an examination of moral thinking in high-functioning autistic people supports a Kantian rather than a Humean account of moral agency. (shrink)

The year 2012, in one sense, marks the 40th Anniversary of our Society, for it was in 1972 that John Lachs suggested to some of his colleagues interested in American Philosophy that they consider starting a new organization. The following year, this "American Philosophy" group held a symposium on "Possibilities for American Philosophy" at the Western Philosophy Association meeting. At that time the group's name was changed to "Society for the Advancement of American Philosophy," and in 1974 the first independent (...) annual meeting of the Society was held at Vanderbilt University.1The Society's name has stimulated contention for various reasons, but reflecting on forty years of this group, I want to say "we have come a .. (shrink)

My thesis is that contemporary ethics needs to reconceptualize its notion of the "ethical subject/agent." In developing this argument, I draw on three sources: (1) the field of moral psychology, (2) philosophical explorations of the concepts of "moral responsibility" and "moral community, and (3) the work of American philosophers such as Josiah Royce and John Dewey. Primary attention will be given to the latter two sources, though, given the short span of this essay, only brief references to Royce and Dewey (...) are possible, even though these philosophers provide the foundational theoretical framework for any reconceptualization efforts. Indeed, these philosophers, as well as William James, engaged in and drew upon .. (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)

Psychopaths are agents who lack the normal capacity to feel moral emotions (e.g. guilt based on empathy with the victims of their actions). Evidence for attributing psychopathy at least in some cases to genetic or early childhood causes suggests that psychopaths lack free will. However, the paper defends a sense in which psychopaths still may be construed as responsible for their actions, even if their degree of responsibility is less than that of normal agents. Responsibility is understood in Strawsonian terms, (...) as a question of our appropriate reactive attitudes toward an agent for what she does, and as distinct from the question of the agent's own motivating attitudes, which lead him to do what he does. The latter is the question more directly relevant to free will, though moral motivation normally depends on the capacity in early childhood to pick up motivating attitudes from others' reactive attitudes. Reactive attitudes based on hatred rather than anger (e.g. disgust or contempt) count as alternative forms of blame that may be appropriately directed toward agents manifesting bad qualities of will, even as a matter of motivational impairment. So psychopaths may still be said to deserve blame, even if they are incapable of modifying their behavior in response to blame. (shrink)

ABSTRACT In cases of apparent moral dilemmas, the feeling of regret reminds us that there were competing, morally significant options. Because Kant denies the existence of genuine conflicts of obligation [1996c. “The Metaphysics of Morals.” In Practical Philosophy, edited and translated by Mary J. Gregor, 353–604. The Cambridge Edition of the Works of Immanuel Kant. Cambridge: Cambridge University Press. doi:10.1017/cbo9780511813306.013, 6:224], he cannot explain the propriety and phenomenology of regret, or so it is traditionally argued [Williams, Bernard. 1965. “Symposium: Ethical (...) Consistency.” Aristotelian Society Supplementary Volume 39: 103–138]. I argue that regret can be modelled as a painful and in-part retrospective version of what Kant calls ‘moral feeling’. Different moral feelings arise in different contexts of moral thought and represent our duties in ways that reflect our normative situations. Regret represents the relation between a past action and a general duty that we imagined fulfilling in a certain way but did not. For beings like us, moral feeling is a subjective condition on our being put under obligation at all. Absence of regret therefore suggests that an agent may no longer be, or perhaps never was, sincerely moved by the moral law. (shrink)

Although jus in bello violations create transgressive acts that cause moral injury, the primary consideration in thinking about moral injury should be jus ad bellum. If one is fighting in an ad bellum just war, then transgressive acts can be rationalized in a way that allows for consolation. But for morally sensitive combatants engaged in an ad bellum unjust war, consolation is more difficult since there is no way to justify or rationalize morally problematic deeds committed in defense of an (...) unjust cause. Morally serious combatants should consider the question of jus ad bellum as they struggle to deal with moral injury, along with other values such as obedience and loyalty. Such an inquiry can produce further trauma when the justness of the war is called into question. The paper examines moral injury and justice in war, grounding the discussion in concrete examples: the Second World War, the Vietnam War, and the U.S. war in Iraq. It concludes that in a democracy, ordinary citizens should demonstrate solidarity with combatants suffering moral injury, since those combatants serve in wars—even unjust wars—authorized by us and fought in our names. (shrink)

One clear reason why human agents often act badly is because they are insufficiently attentive to moral considerations and concerns, or tempted to ignore these in pursuit of more immediate satisfactions. In so far as madness, insanity or mental instability may be regarded as undermining moral agency, it might also be supposed that such madness attaches more to the non-moral than the moral reasons or motives of agents. Still, the well-known quote from Chesterton at the start of this paper may (...) give pause to conventional thought on this matter. With reference to the ideas of Plato and Freud, as well as attention to literary and cinematic "case studies," this paper argues that moral reasons and motives – of an apparently Chestertonian kind – may be a prime source of morally "insane" conduct. (shrink)

Selfhood requires sufficient rationality, the capacities for self-reflection and self-knowledge, the capacity for autonomous action, temporal situatedness and an awareness of this, and psychological continuity and an awareness of this. Contemporary philosophers have more or less reached a consensus regarding NS, and the lion's share of discourse regarding the self seems to center on making sense of this constellation.While certainly having their own respective places within such discussions, value and commitment too often take a back seat. Here, I return attention (...) to these aspects of the self, specifically, in revisiting one of the more... (shrink)

Almost everyone allows that conditions can obtain that exempt agents from moral responsibility—that someone is not a morally responsible agent if certain conditions obtain. In his seminal Freedom and Resentment, Peter Strawson denies that the truth of determinism globally exempts agents from moral responsibility. As has been noted elsewhere, Strawson appears committed to the surprising thesis that being an evil person is an exempting condition. Less often noted is the fact that various Strawsonians—philosophers sympathetic with Strawson’s account of moral responsibility—at (...) least appear to have difficulty incorporating evil persons into their accounts of moral responsibility. In what follows, I argue that Strawson is not committed to supposing that being evil is an exempting condition—at least, that he can allow that evil persons are morally responsible agents. (shrink)

This paper rejects two main arguments for absolving the deferential wife and victims of deprived circumstances from responsibility or hlame for their servility: for Susan Wolf, circumstances can determine their reasons and acts, and for Sarah Buss, circumstances can give them excusing reasons for their acts. The paper argues that circumstances can give them justifying reasons to act in ways defending their intrin-sic worth when their acts can be legitimately interpreted as a protest against an attempt to degrade their intrinsic (...) value. (shrink)

Das Themengebiet der Psychopathie hat in den letzten Jahrzehnten vor allem durch Filme, die sich mit (vermeintlich) psychopathischen Charakteren beschäfti- gen, ein breites gesellschaftliches Interesse erfahren (vgl. Swart 2016). Holly- woods Blockbuster zeigen hier Beispiele hochintelligenter (z. B. Hanibal Lector in „Das Schweigen der Lämmer“) oder sexuell devianter (z. B. Patrick Bateman in „American Psycho“) Serienkiller, welche aus klinischer Sicht tatsächlich hoch psy- chopathische Tendenzen aufweisen. Demgegenüber werden psychisch andersartig beeinträchtigte Filmcharaktere, wie z. B. Norman Bates („Psycho“) oder Travis Bickel (...) („Taxi Driver“) wohl aufgrund ihrer schreckenseinflößenden Wirkung im allgemeinen Sprachgebrauch oft als Psychopathen bezeichnet, obwohl ihre Symptome aus forensisch-psychiatrischer Sicht eher schizoiden Wahnvorstellungen ähneln und keine Anzeichen einer klas- sischen Psychopathie darstellen (vgl. Leistedt / Linkowski 2014). Auch Medienbe- richte über tatsächlich existierende, brutale (z.B. Serienkiller Ted Bundy) oder dreiste (z.B. Anlagebetrüger Bernard Madoff) Figuren der Zeitgeschichte haben die konzeptionelle Unübersichtlichkeit des in der Öffentlichkeit wahrgenommenen Bildes der Psychopathie befeuert. Und sogar in medizinischen bzw. psychiatri- schen Kreisen scheint eine uneinheitliche Sichtweise die Konfusion um das Stö- rungsbild Psychopathie weiter anzufachen (vgl. Berg et al. 2013). (shrink)

Although many psychiatrists regard psychopathy as a coherent scientific construction, some clinicians and philosophers regard it as irrelevant. According to the latter, psychopathy is nothing more than a means of social control. The present study focuses on the issues of the neurological bases and moral responsibility related to psychopathy. While neuroscience aims to identify dysfunctions in psychopaths, action theory and ethics tend to vindicate the hypothesis of the moral irresponsibility of the psychopath. However, rather than reinforcing the concept of psychopathy, (...) recent results in neuroscience tend to stress its incoherence. Philosophical speculations on psychopaths’ responsibility are not sufficiently empirically informed and seem to announce endless ethical debates. (shrink)