David Shoemaker

This essay explores the boundaries of the moral community—the collection of agents eligible for moral responsibility—by focusing on those just inside it and those just outside it. In particular, it contrasts mild mental retardation with psychopathy, specifically among adults. For those who work with and know them, adults with mild mental retardation are thought to be obvious members of the moral community (albeit not full-fledged members). For those who work with and theorize about adult psychopaths, by contrast, they are not members of the moral community (albeit not in such a full-fledged fashion as the insane). Both psychopaths and adults with MMR have a disability, and the essay is interested in how disability sometimes exempts one from the moral community and sometimes doesn't. It will be through two associated puzzles that we will eventually come to see the complicated tripartite relation between disability, responsibility, and moral community.

Many philosophers have taken there to be an important relation between personal identity and several of our practical concerns (among them moral responsibility, compensation, and self-concern). I articulate four natural methodological assumptions made by those wanting to construct a theory of the relation between identity and practical concerns, and I point out powerful objections to each assumption, objections constituting serious methodological obstacles to the overall project. I then attempt to offer replies to each general objection in a way that leaves the project intact, albeit significantly changed. Perhaps the most important change stems from the recognition that the practical concerns motivating investigation into personal identity turn out to be not univocal, as is typically thought, such that each of the different practical concerns may actually be related to personal identity in very different ways.

Recently T. M. Scanlon and others have advanced an ostensibly comprehensive theory of moral responsibility—a theory of both being responsible and being held responsible—that best accounts for our moral practices. I argue that both aspects of the Scanlonian theory fail this test. A truly comprehensive theory must incorporate and explain three distinct conceptions of responsibility—attributability, answerability, and accountability—and the Scanlonian view conflates the first two and ignores the importance of the third. To illustrate what a truly comprehensive theory might look like, I investigate what it would say about the difficult case of the psychopath.

It has long been thought that certain key bioethical views depend heavily on work in personal identity theory, regarding questions of either our essence or the conditions of our numerical identity across time. In this paper I argue to the contrary, that personal identity is actually not significant at all in this arena. Specifically, I explore three topics where considerations of identity are thought to be essential – abortion, definition of death, and advance directives – and I show in each case that the significant work is being done by a relation other than identity

In this paper, I attempt to show that the moral/conventional distinction simply cannot bear the sort of weight many theorists have placed on it for determining the moral and criminal responsibility of psychopaths. After revealing the fractured nature of the distinction, I go on to suggest how one aspect of it may remain relevant—in a way that has previously been unappreciated—to discussions of the responsibility of psychopaths. In particular, after offering an alternative explanation of the available data on psychopaths and their judgments of various sorts of norm transgressions, I put forward a hybrid theory of their responsibility, suggesting how they might be criminally responsible, while nevertheless failing to meet the conditions for an important arena of moral responsibility.