Moral Capacities of Psychotic and Addicted Individuals

Abstract

Most discussions of the moral capacities of psychotic individuals conclude that they have no control over their mental illness. Therefore, such an individual’s moral capacity in any area of behavior affected by that illness can provide a legal “excuse.” If the individual meets the ambiguous and sometimes arbitrary standards for insanity tests, that person can be found “not guilty” by reason of insanity in the criminal arena. In the civil contract area, if it should have been obvious to the other party that the person was too mentally disturbed to assess and knowingly agree to the contract, the contract could be voided. Individuals generally are excused in either arena if there is severe cognitive impairment as a result of a mental disorder and, in some jurisdictions, if there is severe volitional impairment. They often are considered sufficiently disabled to be held responsible for their actions since they lack sufficient moral capacity.