David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
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Neuroethics 6 (1):129-140 (2012)
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.
|Keywords||criminal responsibility psychopaths executive function|
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References found in this work BETA
John Martin Fischer & Mark Ravizza (1998). Responsibility and Control: A Theory of Moral Responsibility. Cambridge University Press.
Shaun Nichols (2004). Sentimental Rules: On the Natural Foundations of Moral Judgment. Oxford University Press.
Joshua Knobe (2003). Intentional Action and Side Effects in Ordinary Language. Analysis 63 (3):190–194.
Elliot Turiel (1983). The Development of Social Knowledge: Morality and Convention. Cambridge University Press.
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