David Shoemaker

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.

Oxford Studies in Agency and Responsibility is a series of volumes presenting outstanding new work in moral philosophy and philosophy of action. Contributors to the series draw from a diverse range of cross-disciplinary sources, including moral psychology, psychology proper, philosophy of psychology, philosophy of law, legal theory, metaphysics, neuroscience, neuroethics, political philosophy, and more. It is unified by its focus on who we are as deliberators and actors, embodied practical agents negotiating a world of moral and legal norms.

Ethical theories must include an account of the concept of a person. They also need a criterion of personal identity over time. This requirement is most needed in theories involving distributions of resources or questions of moral responsibility. For instance, in using ethical theories involving compensations of burdens, we must be able to keep track of the identities of persons earlier burdened in order to ensure that they are the same people who now are to receive the compensatory benefits. Similarly, in order to attribute moral responsibility to someone for an act, we must be able to determine that that person is the same person as the person who performed the act. Unfortunately, ethical theories generally include a concept of a person and criteria of personal identity either as notions implied or presupposed by the already worked out theory, with little or no argument given in support of them. But both approaches are unsatisfactory, for each runs the risk of ignoring certain fundamental features of the way persons actually are. What is needed first is a plausible metaphysical account of persons and personal identity to which an ethical theory might then conform and apply. Derek Parfit has attempted to provide such an account in Reasons and Persons, where he argues for what he calls the reductionist view of persons and personal identity and then attempts to show how such a conception provides a metaphysical background that lends important partial support to utilitarianism. 1 But Parfit’s metaphysical view is neutral between two possible conceptions of personhood, and utilitarianism presupposes the truth of the more radical of the two conceptions, which precludes the possibility of there being a class of goods crucial to any plausible ethical theory. Utilitarianism thus presupposes a wildly implausible conception of persons, and so is itself implausible