Psychopathy and Responsibility

Should offenders with psychopathy or those exhibiting extreme forms of antisocial behav- iour be considered criminally responsible? The current debate seems to have reached a stalemate. Several scholars have argued that neuropsychologi- cal data on individuals with psychopathy might be relevant for determining their criminal responsibil- ity. However, relying on such data has not produced a consensus among legal scholars and philosophers on whether individuals with psychopathy should be excused from responsibility. We offer a diagnosis about why this debate has (...) reached a standoff. We argue that part of the problem is that psychopathy, being a syndrome-based category, is too heterogeneous and thus offers low prospects for being integrated with neuropsychological data that might support significant conclusions about the criminal responsibility of individuals with psychopathy. Moreover, the construct of psychopathy was not originally devised to discriminate criminally accountable from unac- countable antisocial individuals. To overcome these difficulties and advance the debate, we extend a currently less discussed theoretical framework for bridging biopsychology and the law that focuses on neuropsychological constructs, domains, and processes that directly measure capacities of offenders that are relevant for criminal responsibility, without necessarily relying on mediating syndrome-based constructs. The novelty of our contribution is that the biopsy- chological bases of exculpation can be further devel- oped and used for determining more fine-grained cat- egorisations of antisocial personality types. We show how this framework provides guidelines for inter- disciplinary research that can significantly advance our understanding of the preconditions for criminal responsibility and help the legal practice of ascribing or withholding it. (shrink)

The amount of neuroimaging evidence introduced in courts continues to increase. Meanwhile, neuroimaging research is in the midst of a reproducibility crisis, as many published findings appear to be false positives. The problem is mostly due to small sample sizes, lack of direct replications, and questionable research practices. There are concerns that a significant proportion of neuroimaging evidence introduced in court may therefore be unreliable. Guidelines governing the admissibility of scientific evidence—Frye and Daubert—are not designed to weed out such data. (...) We propose supplementing Frye and Daubert with minimal reproducibility criteria that allow judges to make informed admissibility decisions about neuroimaging research. To demonstrate how this could work, we subjected functional magnetic resonance imaging (fMRI) findings on psychopathy—evidence that has been admitted in court—to a minimal reproducibility test. A systematic PRISMA search found 64 relevant studies but no sufficiently powered, directly replicated evidence of a psychopathy-related neurobiological profile. This illustrates two things: (a) the probability of false positives in this data set is likely to be unacceptably high and (b) the reproducibility of similar neuroimaging evidence can be evaluated in a straightforward way. Our findings suggest an urgent need to modify admissibility guidelines to exclude low-quality neuroimaging data. (shrink)

Psychopathy is typically characterized as a constellation of deviant personality traits and behavioral tendencies. The link between psychopathic personality traits and pervasive antisocial behavior raises a crucial question concerning the legal accountability of offenders with psychopathy. Some argue that the unique clinical profile and neurobiological peculiarities of individuals with psychopathy mitigate their responsibility, while others maintain that current scientific knowledge does not support the use of psychopathy as an exculpatory condition for criminal offending. Our overview mainly centeres on whether offenders (...) with psychopathy can be considered legally insane. In this regard, our overview suggests that there is still an ongoing debate whether psychopathy should be used as a legally relevant construct for determining criminal responsibility. Moreover, our discussion indicates that careful attention should be put on empirical and conceptual issues surrounding the role of (neuro)scientific data for determining whether individuals with psychopathy should be considered criminally blameworthy for their wrongdoings. (shrink)

Philosophy &Public Affairs, Volume 51, Issue 2, Page 140-165, Spring 2023.

In accordance with a tradition depicting individuals with psychopathic functioning as morally blind, or even morally dead, discussions concerning their moral agency have for a long time neglected the analysis of volitional and conative aspects, whose contribution is nevertheless crucial in our understanding of their immoral actions. Based on the findings about the discrepancy that seems to occur, in this type of personality, between moral judgments and moral choices, we propose in this article to discuss the several theories that might (...) explain this gap between what the psychopath recognizes (or can, in a general way, recognizes) and what he does. After having presented the hypothesis - problematic in more than one sense - of a weakness of will associating psychopathy with acrasia, we expose the respective contributions of rationalist and neo-sentimentalist conceptions, before questioning the presupposition they share with theories of psychopathic incontinence. We argue that each of these three positions implicitly tends, with little empirical support, to ascribe to these dyssocial individuals a propensity to resort to some form of deliberative activity. An in-depth discussion of the prudential characteristics of psychopathy will lead us, on the contrary, to defend the idea that the immorality of those who suffer from it is, in most cases, only a collateral effect of a lack of appetite for the process of reflective self-evaluation. And we will see that there are strong reasons to believe that this lack of reflection - which accounts for many facets of the psychopathy construct while remaining compatible with the main explanatory models now favored to understand the psychopath’s moral decisions - is directly related to the (extremely poor) emotional life of psychopaths. We conclude by arguing that this way of linking emotional deficit and reflective impairment offers new perspectives for thinking about the different types of moral profiles found within the various forms of psychopathy that we suggest to distribute along a continuum on which levels of experiential deficiency extend. (shrink)

Many argue that psychopaths suffer from a stable pattern of neurobiological dysfunctions that should be taken into account in sentencing and treatment decisions. These arguments are compelling only if the neuroimaging data are consistent. It is possible that such consistency is created by reviewers who ignore contradictory findings. To evaluate this, we examined how accurately forensic literature reported neuroimaging findings on psychopaths in a theoretically central structure – the amygdala. We found that forensic commentators consistently under-reported null-findings, creating a misleading (...) impression of the data’s consistency. We discuss this misrepresentation from the perspectives of spin and neurohype, and examine their causes and consequences. (shrink)

The harm usually associated with psychopathy requires therapeutically, legally, and ethically satisfactory solutions. Scholars from different fields have, thus, examined whether empirical evidence shows that individuals with psychopathic traits satisfy concepts, such as responsibility, mental disorder, or disability, that have specific legal or ethical implications. The present paper considers the less discussed issue of whether psychopathy is a disability. As it has been shown for the cases of the responsibility and mental disorder status of psychopathic individuals, we argue that it (...) is undecided whether psychopathy is a disability. Nonetheless, based on insights from disability studies and legislations, we propose that interventions to directly modify the propensities of individuals with psychopathic tendencies should be balanced with modifications of the social and physical environments to accommodate their peculiarities. We also suggest how this social approach in some practical contexts that involve non-offender populations might be effective in addressing some of the negative effects of psychopathy. (shrink)

O objetivo deste artigo é o de apresentar algumas posições filosóficas, que dialogam com diferentes áreas do conhecimento, e que nos auxiliam a dar um passo a mais na compreensão da relação entre razão e emoção. Em primeiro lugar, apresentamos a ideia dos marcadores somáticos, de Damasio, que elucida o papel dos afetos no desenvolvimento do pensamento racional. Em segundo lugar, observamos que indivíduos psicopatas apresentam uma capacidade reduzida em diferentes esferas da vida, com evidente diminuição na capacidade de ligar (...) sentimentos negativos a normas morais, o que leva a um comportamento moral inadequado e interfere na capacidade deliberativa. Por fim, apresentamos a teoria de Shaun Nichols acerca da Affective Resonance: normas que possuem respaldo afetivo (principalmente negativo) possuem vantagens de transmissão cultural, em detrimento de normas afetivamente neutras. Estes estudos comprovam a importância dos afetos para o pensamento racional e para a manutenção e propagação de normas e regras morais. A ideia principal aqui defendida é a de que há uma estreita relação entre razão e emoção. Ao elucidar esta relação, podemos aprofundar os estudos sobre a condição humana, em especial a razão e a moral. -/- The aim of this article is to present some of the philosophical positions that dialogue with different areas of knowledge and that help us take a step further in the understanding of the relationship between reason and emotion. First, we present Damasio's idea of somatic-markers, which elucidates the role of affections in the development of rational thought. Second, we observe that these exhibit a reduced capacity in different spheres of life, with a decreased ability to connect negative components to moralnorms, resulting in inappropriate moral behavior and interfering with deliberative capacities. Finally, we present Shaun Nichols' theory on Affective Resonance, the norms that comprise affective support (mainly negative) exhibit cultural transmission advantages to the detriment of affectively neutral norms. These studies prove the importance of affections inrational thinking and in the maintenance and propagation of moral norms and rules. The main idea defended herein is that a close relationship between reason and emotion takes place. By elucidating this relationship, we are able to deepen studies concerning the human condition, especially with regard to reason and morality. (shrink)

Questionable research practices are a well-recognized problem in psychology. Coding bias, or the tendency of review studies to disproportionately cite positive findings from original research, has received comparatively little attention. Coding bias is more likely to occur when original research, such as neuroimaging, includes large numbers of effects, and is most concerning in applied contexts. We evaluated coding bias in reviews of structural magnetic resonance imaging studies of PCL-R psychopathy. We used PRISMA guidelines to locate all relevant original sMRI studies (...) and reviews. The proportion of null-findings cited in reviews was significantly lower than those reported in original research, indicating coding bias. Coding bias was not affected by publication date or review design. Reviews recommending forensic applications—such as treatment amenability or reduced criminal responsibility—were no more accurate than purely theoretical reviews. Coding bias may have contributed to a perception that structural brain abnormalities in psychopaths are more consistent than they actually are, and by extension that sMRI findings are suitable for forensic application. We discuss possible sources for the pervasive coding bias we observed, and we provide recommendations to counteract this bias in review studies. Until coding bias is addressed, we argue that this literature should not inform conclusions about psychopaths' neurobiology, especially in forensic contexts. (shrink)

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)

Philosophers have urged that considerations about the psychopath’s capacity for practical rationality can help to advance metaethical debates. These debates include the role of rational faculties in moral judgment and action, the relationship between moral judgment and moral motivation, and the capacities required for morally responsible agency. I discuss how the psychopath’s capacity for practical reason features in these debates, and I identify several takeaway lessons from the relevant literature. Specifically, I show how the insights contained therein can illuminate the (...) complex structure of practical rationality, inform our standards for an adequate theory of practical reason, and frame our thinking about the significance of rational capacities in moral theory and social practice. (shrink)

Huckleberry Finn believes that by helping Miss Watson’s slave Jim escape to freedom, he is doing something wrong. But Huck does it anyway—and many want to give him moral credit for this choice. If Huck is to be worthy of such moral esteem, however, it seems there must be some implicit way of appreciating and responding to considerations as moral reasons that does not involve explicitly believing that those considerations are moral reasons. This chapter argues that an agent like Huck (...) can implicitly appreciate a consideration as a moral reason to φ by presenting it under the light of a particular phenomenologically-mediated mode of presentation: one that presents that consideration via the light of a felt directive force “pointing” towards φ-ing—lending weight to it, or soliciting it—in a particular authoritative way. Thus, I suggest, Huck may be understood on analogy with a young jazz piano virtuoso. As she may appreciate that the G-seventh chord having been played just so constitutes an aesthetic reason for her to ease into the C-major-seventh chord just so by virtue of experiencing the former as pointing or directing her to the latter, so also, I propose, Huck may appreciate the considerations speaking in favor of helping Jim as moral reasons to help Jim by virtue of experiencing them as pointing or directing him to help Jim. The chapter also examines and rejects four alternative proposals for how to account for implicit reasons-appreciation: first, a de re account of appreciation and then three additional accounts of appreciation derived from major theories of mental representation (inferentialist, causal tracking, and functionalist theories). (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)

Creepiness and the emotion of the creeps have been overlooked in the moral philosophy and moral psychology literatures. We argue that the creeps is a morally significant emotion in its own right, and not simply a type of fear, disgust, or anger (though it shares features with those emotions). Reflecting on cases, we defend a novel account of the creeps as felt in response to creepy people. According to our moral insensitivity account, the creeps is fitting just when its object (...) is agential activity that is insensitive to basic moral considerations. When, only when, and insofar as someone is disposed to such insensitivity, they are a creep. Such insensitivity, especially in extreme forms, raises doubts about creeps’ moral agency. We distinguish multiple types of insensitivity, respond to concerns that feeling the creeps is itself objectionable, and conclude with a discussion of epistemic issues relating to the creeps. (shrink)

The term psychopathy refers to a personality disorder associated with callous personality traits and antisocial behaviors. Throughout its research history, psychopathy has frequently been described as a peculiar form of moral blindness, engendering a narrative about a patient stereotype incapable of taking a genuine moral perspective, similar to a blind person who is deprived of proper visual perceptions. However, recent empirical research has shown that clinically diagnosed psychopaths are morally more fit than initially thought, and the blindness-analogy now comes across (...) as largely misleading. In this contribution, the moral-blindness analogy is explored in an attempt to qualify anew its relevance in psychopathy theory and research. It is demonstrated that there are indeed theoretically relevant parallels to be drawn between blindness and psychopathy, parallels that are especially illuminating when accounting for the potential symptomatology, dimensionality, and etiological nature of the disorder. (shrink)

The Hare Psychopathy Checklist (PCL; Hare, Neumann, & Mokros 2018) scales are among the most widely used forensic assessment tools. Their perceived utility rests partly on their ability to assess stable personality traits indicative of a lack of conscience, which then facilitates behavioral predictions useful in forensic decisions. In this systematic review, we evaluate the empirical evidence behind 3 fundamental justifications for using the PCL scales in forensics, namely, that they are empirically predictive of (1) criminal behavior, (2) treatment outcomes, (...) and (3) a lack of conscience. We found the PCL scales can predict criminal behavior to a statistically significant degree, though with important limitations. We found no evidence of PCL psychopathy being predictive of treatment and rehabilitation outcomes. We found no evidence of PCL psychopathy being predictive of a lack of conscience. These findings disprove widespread beliefs about PCL psychopathy among forensic practitioners and questions the current and future role of the PCL scales in forensic settings. (shrink)

Baccarini and Malatesti (2017) defend the idea that we must use coercively biomedical means to enhance the morality of a specific group of individuals: psychopaths, diagnosed through the Psychopathy Checklist-Revised (PCL-R) standards (Hare, 2003). Their argument is theoretical, thus it goes independently from the actual effectiveness of existent treatments, and it is based on a logical reasoning. Moral bioenhancement (MB) means include psychotropic drugs, brain stimulations, neurosurgeries, genetic editing, etc. -/- In short, the authors apply Gerald Gaus' account of open (...) justification (Gaus, 1996, 2011), according to which “a prescription addressed to an agent is a reasoning that includes premises that consider the system of reasons (such as beliefs, preferences, etc.) of that agent” (Baccarini and Malatesti, 2017, p. 1). In their view, coercive MB of psychopaths is morally sound and deducible by reasons within the psychopath's cognitive-affective system—even if the psychopath needs not to be able to consciously or sincerely endorse them. We believe that this argument is flawed. In sum, we argue that the psychopath's cognitive-affective system would consistently justify reasons against mandatory MB to herself, even if she wishes differently for others, and that the prescription cannot be extended. (shrink)

The psychiatric diagnosis of psychopathic personality—or psychopathy—signifies a patient stereotype with a callous lack of empathy and strong antisocial tendencies. Throughout the research record and psychiatric practices, diagnosed psychopaths have been predominantly seen as immune to psychiatric intervention and treatment, making the diagnosis a potentially strong discriminator for treatment amenability. In this contribution, the evidence in support of this proposition is critically analyzed. It is demonstrated that the untreatability perspective rests largely on erroneous, unscientific conclusions. Instead, recent research suggests that (...) practitioners should be more optimistic about the possibility of treating and rehabilitating diagnosed psychopaths. In light of this finding, concrete ethical challenges in the forensic practice surrounding the psychopathy diagnosis are discussed, adding to a growing body of research that expresses skepticism about the forensic utility of the diagnosis. (shrink)

This invited entry offers a brief overview of criminal responsibility. -/- The first part starts with a question: is Clyde criminally responsible for killing his girlfriend Bonnie? The answer: it depends. Particular circumstances determine whether Clyde is guilty of murder, guilty of manslaughter, not guilty because he has a good excuse, or not guilty because he has a good justification. -/- The second part addresses the complicated relationship between criminal responsibility and moral responsibility. Until recently, both concepts were considered to (...) be more or less interchangeable. But there is a growing movement, which I refer to as "responsibility skepticism," which maintains that moral responsibility is either physically or metaphysically impossible. If the responsibility skeptics are right (that moral responsibility is impossible), then what are the implications for criminal responsibility and just criminal punishment? Should we abandon these as well? Or can they survive without moral responsibility? I try to answer these questions. -/- The third part addresses social causation. The criminal justice system tends to be "dispositionalist"; it tends, that is, to assume that criminal responsibility resides entirely within the defendant. Dispositionalism, however, overlooks the fact that who we are and what we do are significantly determined by environmental influences. I then try to show that this "situationist" alternative to dispositionalism should not radically alter our approach to criminal punishment. -/- The final part briefly discusses the difficulty in evaluating criminal responsibility when the defendant is both an offender and a victim - especially when the defendant is an offender *because* of his victimization. (shrink)

Elinor Mason draws on ethics and responsibility theory to present a pluralistic view of both wrongness and blameworthiness. Mason argues that our moral concepts, rightness and wrongness, must be connected to our responsibility concepts. But the connection is not simple. She identifies three different ways to be blameworthy, corresponding to different ways of acting wrongly. The paradigmatic way to be blameworthy is to act subjectively wrongly. Mason argues for an account of subjective obligation that is connected to the notion of (...) trying - to act rightly is try to do well by morality, to act wrongly (and to be blameworthy) is to fail to try hard enough. Trying involves understanding morality, those who do not grasp morality are in a different category. So agents might also be blameworthy for being oriented away from what really matters. In that case, agents are blameworthy in a different sense, the detached sense. Finally, we can become blameworthy by taking responsibility in cases where our agency is ambiguous. In the final section, Mason gives us an account of taking responsibility and agues that that is an important art of our responsibility practices. (shrink)

The psychiatric diagnosis of psychopathic personality—or psychopathy—signifies a patient stereotype with a callous lack of empathy and strong antisocial tendencies. Throughout the research record and psychiatric practices, diagnosed psychopaths have been predominantly seen as immune to psychiatric intervention and treatment, making the diagnosis a potentially strong discriminator for treatment amenability. In this contribution, the evidence in support of this proposition is critically analyzed. It is demonstrated that the untreatability perspective rests largely on erroneous, unscientific conclusions. Instead, recent research suggests that (...) practitioners should be more optimistic about the possibility of treating and rehabilitating diagnosed psychopaths. In light of this finding, concrete ethical challenges in the forensic practice surrounding the psychopathy diagnosis are discussed, adding to a growing body of research that expresses skepticism about the forensic utility of the diagnosis. (shrink)

The question of whether psychopaths are criminally and morally responsible has generated significant controversy in the literature. In this paper, we discuss what relevance a psychopathy diagnosis has for criminal responsibility. It has been argued that figuring out whether psychopathy is a mental illness is of fundamental importance, because it is a precondition for psychopaths’ eligibility to be excused via the legal insanity defense. But even if psychopathy counts as a mental illness, this alone is not sufficient to show the (...) insanity defense is applicable; it must also be shown that, as a result of the illness, specific deficits in moral understanding or control are present. In this paper, we show that a diagnosis of psychopathy will generally not indicate that a defendant is eligible for an insanity defense. This is because the group of individuals subsumed under the diagnosis is so heterogeneous that while some psychopaths do show significant impairments in affect and control which may impact on their responsibility, many psychopaths are not incapacitated in a way relevant to responsibility. (shrink)

Recently it has been argued that certain neuropsychological findings on the decision-making, instrumental learning, and moral understanding in psychopathic offenders offer reasons to consider them not criminally responsible, due to certain epistemic and volitional impairments. We reply to this family of arguments, that collectively we call the irresponsibility of the psychopath argument. This type of argument has a premise that describes or prescribes the deficiencies that grant or should grant partial or complete criminal exculpation. The other premise contends that neuropsychological (...) evidence shows that psychopaths have incapacitates that are sufficient to ascribe complete or partially exculpatory deficiencies. The focus of our criticism is this latter premise. We argue that it requires that psychopathy should correlate significantly with certain rational incapacities that manifest across contexts. We show that the available neuropsychological data do not support the claim that psychopaths have such general exculpatory incapacities. (shrink)

Psychopathy, executive functions, and neuropsychological data: a response to Sifferd and Hirstein.

Editorial introduction to the special issue of the European Journal of Analytic Philosophy.

Many spectacular claims about psychopaths are circulated. This contribution aims at providing the reader with the more complex reality of the phenomenon (or phenomena), and to point to issues of particular interest to philosophers working in moral psychology and moral theory. I first discuss the current evidence regarding psychopaths’ deficient empathy and decision-making skills. I then explore what difference it makes to our thinking whether we regard their deficit dimensionally (as involving abilities that are on or off) and whether we (...) focus on primary or secondary psychopathy. My conclusion is that most grand claims about psychopathy settling long-standing debates in moral philosophy and psychology are overblown, but there is much to be learnt from this disorder when it comes to formulating modern theories of moral psychology. (shrink)

Recently some have argued that psychopaths might suffer generalised cognitive impairments that affect their capacity for mental time travel. In relation to the past, mental time travel is the capacity to have memories of past episodes in which the agent was personally involved. In relation to the future, mental time travel involves prospection, the capacity to imagine future situations where the agent might be involved. The authors argue that certain studies on the instrumental learning of psychopaths show that, in relation (...) to certain specific situations, these subjects might be impaired in certain capacities for mental time travel. Following Harry Frankfurt, they maintain that moral responsibility requires a capacity to identify with certain desires. This process of identification involves accepting desires in virtue of an evaluation that is sensitive to commitments that stem from previously formed mental states. Therefore, identification relies on some basic capacities of mental time travel. The authors argue that a process of “detachment” from current operative desires is of central importance in the process of identification. They claim that certain experiments concerning the instrumental learning in psychopaths show that, in certain cases, they are incapable to register changes in their situation that determine a lack of detachment from certain current operative motivational states. However, other experiments show that psychopaths, in other circumstances, are capable of “detaching” from certain of their motivational states. These empirical findings allow the authors to argue that the process of identification in psychopathic offenders in certain specific circumstances might be impaired. (shrink)

Reactive theories of responsibility see moral accountability as grounded on the capacity for feeling reactive-attitudes. I respond to a recent argument gaining ground in this tradition that excludes psychopaths from accountability. The argument relies on what Paul Russell has called the 'subjectivity requirement'. On this view, the capacity to feel and direct reactive-attitudes at oneself is a necessary condition for responsibility. I argue that even if moral attitudes like guilt are impossible for psychopaths to deploy, that psychopaths, especially the "successful" (...) and "secondary" subtypes of psychopathy, can satisfy the subjectivity requirement with regard to shame. I appeal to evidence that embarrassment and shame are grounded on the same affective process and data that psychopathic judgments about embarrassment are neurotypical. If I am right, then psychopaths ought to be open to shame-based forms of accountability including shame punishments. I conclude by considering why psychopaths rarely self-report shame. I argue that lacking a capacity to see oneself as flawed is a different sort of failure than lacking the capacity to feel. (shrink)

Psychopathy is one of the most frequently cited disorders in discussions of moral and criminal responsibility. Many philosophers and psychologists have argued that psychopaths’ impaired capacity for empathy, diminished responses to fear-inducing stimuli, and failure to conform to social norms indicate that they are not responsible for their actions. In “Philosophers on psychopaths: A cautionary tale in interdisciplinarity,” Jarkko Jalava and Stephanie Griffiths cite psychological data from case studies, the moral/conventional distinction task, fear conditioning and facial affect recognition experiments in (...) arguing that philosophers systematically misinterpret or simplify the data to support their conclusions... (shrink)

Current legal practice holds that a diagnosis of psychopathy does not remove criminal responsibility. In contrast, many philosophers and legal experts are increasingly persuaded by evidence from experimental psychology and neuroscience indicating moral and cognitive deficits in psychopaths and have argued that they should be excused from moral responsibility. However, having opposite views concerning psychopaths’ moral responsibility, on the one hand, and criminal responsibility, on the other, seems unfortunate given the assumption that the law should, at least to some extent, (...) react to the same desert-based considerations as do ascriptions of moral responsibility. In response, Stephen Morse has argued that the law should indeed be reformed so as to excuse those with severe psychopathy from blame, but that psychopaths that have committed criminal offences should still be subject to some legal repercussions such as civil commitment. We argue that consequentialist and norm-expressivist considerations analogous to those that support punishing psychopaths or at least retaining some legal liability, might also be drawn on in favour of holding psychopaths morally accountable. (shrink)

Public perception, fueled not only by popular and news media but also by expert claims that psychopaths are archetypes of evil: incorrigible, remorseless, cold-blooded criminals, whose crimes manifest in the most extreme levels of violence. But is there empirical evidence that psychopaths truly are what they are portrayed to be? If so, should the law respond, and adjust its treatment of psychopaths in court — permitting psychopathy to be admitted under an insanity defense and/or resulting in mitigation? In this paper, (...) we demonstrate that fundamental questions from the law to science remain unanswered and must be addressed before any alternative treatment of psychopathy can be considered. As it stands, psychopaths cannot be reliably defined or diagnosed and, as we will demonstrate, even the presumed link with criminal dangerousness is problematic. We conclude that the current legal approach should not be modified, however, if preliminary findings regarding impairments in impulsivity/self-control are confirmed, some, but not all individuals who fall under one definition of psychopathy may merit different treatment in future. (shrink)

Philosophers typically rely on empirical data when they comment on psychopaths’ moral responsibility. Many argue that psychopaths, as per the data, suffer from significant impairments in the precursors of moral reasoning and behavior, and therefore they should not be held morally responsible for their actions. However, careful analysis of these studies shows that this view is mistaken. We discuss how several philosophers— perhaps following the lead of social scientists—have systematically misinterpreted or simplified psychological data to support their conclusions about psychopaths’ (...) responsibility. We discuss four data sources: Case studies, the moral/conventional distinction task, fear conditioning, and facial affect recognition experiments. We examine how errors in the interpretation of these data have influenced, for the worse, the moral responsibility discourse. We recommend that philosophers exercise more caution in drawing conclusions from the psychological data on psychopaths. (shrink)

The philosophical debate over psychopaths’ moral and criminal responsibility is increasingly evidence based. However, as we noted, such arguments are misleading if philosophers only consider evidence that supports their own positions. In his response, Glannon counters our argument by introducing new evidence—neuroimaging data—and so demonstrates the exact problem we outlined; Strijbos, in contrast, offers a workable solution.Glannon’s response is a succinct summation of the strengths and weaknesses that philosophers bring to the debate. Although Glannon accurately portrays the potential role of (...) neuroimaging data in determining responsibility as merely supplementary to behavior, he simultaneously mistakes the... (shrink)

After describing the disorder of psychopathy, I examine the theories and the evidence concerning the psychopaths’ deficient moral capacities. I first examine whether or not psychopaths can pass tests of moral knowledge. Most of the evidence suggests that they can. If there is a lack of moral understanding, then it has to be due to an incapacity that affects not their declarative knowledge of moral norms, but their deeper understanding of them. I then examine two suggestions: it is their deficient (...) practical reason or their stunted emotions that are at fault. The evidence supports both explanations. I conclude with an overview of the debate concerning whether they are morally or legally responsible for their actions. (shrink)

With a new understanding of the deficits of psychopaths, many have argued that psychopaths are not morally accountable for their actions because they seem to lack any capacity for fundamental moral understanding. And yet, a lack of capacity for empathy, which has been seen as the root of this incapacity, has also been attributed to subjects with Autism Spectrum Disorder (ASD). But there is much evidence that at least many with ASD have moral understanding and are rightly treated as morally (...) accountable agents. Is it possible to explain how those diagnosed in the first group might lack, while those in the second group possess, moral accountability? If so, how? In this paper, I argue that there is an explanation that requires distinguishing between different kinds of empathy and that brings to bear a “fine cuts” approach at the neural and psychological level of explanation. (shrink)

Psychopathy is characterised by emotional disturbances that affect interpersonal behaviour and decision-making. The objective of this paper is to review the most recent contributions to the field of neuroscience of psychopathy and the implications that this disorder has on the criminal legal field. In regards to this last aspect, we evaluate the issue of psychopaths’ accountability and the incidence of psychopathy in many other penal institutions. In terms of the contributions of neuroscience, we will focus on the orbitofrontal (ofPFC) and (...) ventromedial (vmPFC) regions of the frontal lobes and on the amygdala. Data spanning from the nineteenth century to the present indicate that damage to the ofPFC and vmPFC is the basis of behaviours that have been referred to as pseudopsychopathic. The earlier during brain development the damage occurs, the more likely these behaviours will resemble those of psychopaths. The damage to the amygdala is rather related to impairments in the ability to distinguish facial expressions of fear and the capacity to feel emotions. Damage to ofPFC, vmPFC, and amygdala are highly relevant to the expression of pseudopsychopathic behaviours. (shrink)

Psychopathy is associated with persistent antisocial behavior and a striking lack of regret for the consequences of that behavior. Although explanatory models for psychopathy have largely focused on deficits in affective responsiveness, recent work indicates that aberrant value-based decision making may also play a role. On that basis, some have suggested that psychopathic individuals may be unable to effectively use prospective simulations to update action value estimates during cost–benefit decision making. However, the specific mechanisms linking valuation, affective deficits, and maladaptive (...) decision making in psychopathy remain unclear. Using a counterfactual decision-making paradigm, we found that individuals who scored high on a measure of psychopathy were as or more likely than individuals low on psychopathy to report negative affect in response to regret-inducing counterfactual outcomes. However, despite exhibiting intact affective regret sensitivity, they did not use prospective regret signals to guide choice behavior. In turn, diminished behavioral regret sensitivity predicted a higher number of prior incarcerations, and moderated the relationship between psychopathy and incarceration history. These findings raise the possibility that maladaptive decision making in psychopathic individuals is not a consequence of their inability to generate or experience negative emotions. Rather, antisocial behavior in psychopathy may be driven by a deficit in the generation of forward models that integrate information about rules, costs, and goals with stimulus value representations to promote adaptive behavior. (shrink)

Many recent discussions of psychopaths have centered on the question of whether they can express ill-will when they act, a capacity which is generally taken to be required for moral blameworthiness. However, the debate over ill-will currently stands at an impasse; the participants are in substantial agreement as to which attitudes psychopaths can express, but disagree as to which attitudes count as ill-will. I argue that this impasse reflects an underlying, implicit disagreement as to which features of actions are wrong-making. (...) By uncovering this implicit disagreement and addressing it head-on, we should be able to break the impasse. (shrink)

This essay explores the topic of Dissociative Identity Disorder (formerly called “Multiple Personality Disorder”) with special attention to such Quadrophenia masterpieces as “Dr. Jimmy” and “The Real Me.” A number of major philosophical questions arise: Can two or more “persons” really inhabit the same body? How can we hold Dr. Jimmy morally responsible for the reprehensible actions of Mr. Jim? Wouldn’t it be wrong to do so if they are really different people? What is it to be the “same” person (...) over time? Does Dr. Jimmy really have free will? The focus is on the much discussed and important notions of personal identity, free will, and moral responsibility. (shrink)

This paper updates, modifies, and extends an account of psychopaths’ responsibility and blameworthiness that depends on behavioral control rather than moral knowledge. Philosophers mainly focus on whether psychopaths can be said to grasp moral rules as such, whereas it seems to be important to their blameworthiness that typical psychopaths are hampered by impulsivity and other barriers to exercising self-control. I begin by discussing an atypical case, for contrast, of a young man who was diagnosed as a psychopath at one point (...) but who lacks the element of impulsivity. He exhibits the usual deficits of empathy and related moral emotions, but by now he has developed effective alternative means of conforming to moral rules, essentially on the basis of self-interest. I think it does seem reasonable to hold him morally responsible if he should violate a rule, despite his refusal to acknowledge any specifically moral reasons. I then turn to more typical cases, arguing that blameworthiness is mitigated by the difficulty of learning alternative means of self-control. In a departure from my earlier work, I do not take responsibility to have degrees. But since both blameworthiness and freedom to do otherwise have degrees that depend on the same factors, I go on to explain how it can be reasonable to blame a typical psychopath for an act he may not have been free to avoid. More generally, my suggestion is that notions commonly conflated in philosophers’ treatments of responsibility should be prized apart. (shrink)

Do psychopaths make moral judgments but lack motivation? Or are psychopaths’ judgments are not genuinely moral? Both sides of this debate seem to assume either externalist or internalist criteria for the presence of moral judgment. However, if moral judgment is a natural kind, we can arrive at a theory-neutral criterion for moral judgment. A leading naturalistic criterion suggests that psychopaths have an impaired capacity for moral judgment; the capacity is neither fully present nor fully absent. Psychopaths are therefore not counterexamples (...) to internalism. Nonetheless, internalism is empirically problematic because it is unable to explain psychopaths’ moral deficits. (shrink)

We used text analysis software to examine the linguistic features of the speech of 21 psychopathic and 45 other offenders during the interview part of a Psychopathy Checklist–Revised (PCL-R) assessment. Regression analysis was run on the linguistic categories to determine which were the best predictors of psychopathy scores. Relative to the other offenders, psychopaths used more disfluencies (“you know”) and personal pronouns, made fewer references to other people (e.g., personal names, family), and were also less emotionally expressive. In particular, a (...) low frequency of anxiety-related words and a more frequent use of personal pronouns were the most significant predictors of PCL-R scores and accounted for 25% of the variance. These findings for the first time afford a unique glimpse into the language produced during the PCL-R assessment interview. In addition to enhancing our understanding of psychopathic speech, these results may provide interviewers additional insights relevant to the assessment and therapeutic process. (shrink)

Deficits in reinforcement learning are presumed to underlie the impulsive and incorrigible behavior exhibited by psychopathic criminals. However, previous studies documenting reversal learning impairments in psychopathic individuals have not investigated this relationship across a continuous range of psychopathy severity, nor have they examined how reversal learning impairments relate to different psychopathic traits, such as the interpersonal-affective and lifestyle-antisocial dimensions. Furthermore, previous studies have not considered the role that childhood maltreatment and substance use may have in this specific cognitive deficit. Using (...) a standard reversal learning task in a sample of N = 114 incarcerated male offenders, we demonstrate a significant relationship between psychopathy severity and reversal learning errors. Furthermore, we show a significant interaction between psychopathy and childhood maltreatment, but not substance use, such that individuals high in psychopathy with an extensive history of maltreatment committed the greatest number of reversal learning errors. These findings extend the current understanding of reversal learning performance among psychopathic individuals, and highlight the importance of considering childhood maltreatment when studying psychopathy. (shrink)

We argue that philosophy has an important role to play in bridging certain social practices with certain scientific advancements. Specifically, we describe such a role by focusing on the issue of how and whether neuropsychological data concerning psychopathic offenders reflect on their criminal culpability. We offer some methodological requirements for this type of philosophical application. In addition, we show how it might help in addressing the problem of determining the criminal responsibility of psychopathic offenders.

Even though the world is governed by laws, human beings are able to be free. In fact, there is no difference between being genuinely free and having a distinctively human psychological architecture. But self-deception and rationalization can result in the replacement of actual beliefs with operational pseudo-beliefs. When this happens, the result is a sociopathic pseudo-person. The difference between a sociopath and a psychopath is that, whereas the sociopath once had a distinctively human psychological architecture, the psychopath never developed such (...) an architecture to begin with. Thus, whereas the sociopath's personality is that of an ossified human, the psychopath has no real personality to speak of. What the psychopath lacks in the way of an actual identity, he replaces with narratives, the primary function of which is to give a semblance of cohesiveness to his otherwise gelatinous psyche, and a secondary function of which is to defraud others. But the psychopath's tendency to defraud others is merely a way of providing external reinforcement for his flimsy narrative-based faux-identity. (shrink)

In this paper I discuss various hard cases that an account of moral ignorance should be able to deal with: ancient slave holders, Susan Wolf’s JoJo, psychopaths such as Robert Harris, and finally, moral outliers. All these agents are ignorant, but it is not at all clear that they are blameless on account of their ignorance. I argue that the discussion of this issue in recent literature has missed the complexities of these cases by focusing on the question of epistemic (...) fault. It is not clear that all blameworthy morally ignorant agents have committed an epistemic fault. There are other important issues that pull us in various directions: moral capacity, bad will, and formative circumstances. I argue that bad will is what is crucial, and moral ignorance itself can be a form of bad will. I argue that we should distinguish between two sorts of bad will, and correspondingly, two sorts of blameworthiness. Ordinary blameworthiness, requires moral knowledge, and is based on akratic action. The other kind of blameworthiness, objective blameworthiness, applies when the agent is morally ignorant, and when this indicates bad will. Objective blameworthiness can be undermined by unfortunate formative circumstances. (shrink)

Psychopaths pose a puzzle. The pleasure they take in the pain of others suggests that they are the paradigms of blameworthiness, while their psychological incapacities provide them with paradigm excuses on plausible accounts of moral responsibility. I begin by assessing two influential responses: one that claims that psychopaths are morally blameworthy in one sense and not in another, and one that takes the two senses of blameworthiness to be inseparable. I offer a new argument that psychopaths, as understood in the (...) debate, are blameworthy in neither sense, while showing how the two senses of blameworthiness nevertheless come apart. (shrink)

I argue that psychopathy undermines three common assumptions typically invoked in favor of moderate reasons responsive theories of moral responsibility. First, I propose a theory of psychopathic agency and claim that psychopathic agency suggests that the systems underlying receptivity to reason bifurcate into at least two sub-systems of receptivity. Next, I claim that the bifurcation of systems for receptivity suggests that reactivity is not “all of a piece” but that it too decomposes into at least two subsystems. Lastly, I argue (...) that prior attempts by Fischer and Ravizza to address these concerns contain an appeal to internalism. Since Fischer and Ravizza want their theory to remain agnostic about the nature of reasons for action, this appeal to internalism is problematic for their view. I close by suggesting that if we are to make sense of when and why psychopaths are responsible then a mechanism-based theory of responsibility must be able to explain how different systems of receptivity and reactivity come together to constitute a single mechanism that grounds responsibility ascriptions for action and they must do so without tacitly appealing to implausible forms of internalism about reasons for action. (shrink)

David Shoemaker presents a new pluralistic theory of responsibility, based on the idea of quality of will. His approach is motivated by our ambivalence to real-life cases of marginal agency, such as those caused by clinical depression, dementia, scrupulosity, psychopathy, autism, intellectual disability, and poor formative circumstances. Our ambivalent responses suggest that such agents are responsible in some ways but not others. Shoemaker develops a theory to account for our ambivalence, via close examination of several categories of pancultural emotional responsibility (...) responses and their appropriateness conditions. The result is three distinct types of responsibility, each with its own set of required capacities: attributability, answerability, and accountability. Attributability is about the having and expressing of various traits of character, and it is the target of a range of aretaic sentiments and emotional practices organized around disdain and admiration. Answerability is about one’s capacity to govern one’s actions and attitudes by one’s evaluative judgments about the worth of various practical reasons, and it is the target of a range of sentiments and emotional practices organized around regret and pride. Accountability is about one’s ability to regard others, both evaluatively and emotionally, and it is the target of a range of sentiments and emotional practices organized around anger and gratitude. In Part One of the book, this tripartite theory is developed and defended. In Part Two of the book, the tripartite theory’s predictions about specific marginal cases are tested, once certain empirical details about the nature of those agents have been filled in and discussed. (shrink)