Patricia S. Greenspan

Psychopaths are agents who lack the normal capacity to feel moral emotions (e.g. guilt based on empathy with the victims of their actions). Evidence for attributing psychopathy at least in some cases to genetic or early childhood causes suggests that psychopaths lack free will. However, the paper defends a sense in which psychopaths still may be construed as responsible for their actions, even if their degree of responsibility is less than that of normal agents. Responsibility is understood in Strawsonian terms, as a question of our appropriate reactive attitudes toward an agent for what she does, and as distinct from the question of the agent's own motivating attitudes, which lead him to do what he does. The latter is the question more directly relevant to free will, though moral motivation normally depends on the capacity in early childhood to pick up motivating attitudes from others' reactive attitudes. Reactive attitudes based on hatred rather than anger (e.g. disgust or contempt) count as alternative forms of blame that may be appropriately directed toward agents manifesting bad qualities of will, even as a matter of motivational impairment. So psychopaths may still be said to deserve blame, even if they are incapable of modifying their behavior in response to blame.

I was led to this clarificatory job initially by some puzzlement from a philosopher's standpoint about just why free will questions should come up particularly in connection with the genome project, as opposed to the many other scientific research programs that presuppose determinism. The philosophic concept of determinism involves explanation of all events, including human action, by prior causal factors--so that whether or not human behavior has a genetic basis, it ultimately gets traced back to _something_ true of the world before our birth. The philosophic problem of free will and determinism arises because this seems to undercut moral responsibility: How can we reasonably be held responsible for something whose causes we couldn't control?

Current treatments of practical rationality understand reasons as considerations counting in favor of or against some practical option, treating the positive and the negative case as symmetrical. Typically the focus is on examples of positive reasons. However, I want to shift the spotlight to negative reasons, as making a tighter or more direct link to rationality — and ultimately to morality, which is what much of the current interest in reasons is meant to clarify. Recognizing a positive/negative asymmetry in normative force will let us reconcile the view of moral or other requirements as based on reasons with the denial that reasons as such, even all-thingsconsidered reasons, yield requirements — or as I like to put it, rationally compel

Morality is a source of reasons for action, what philosophers call practical reasons. Kantians say that it ‘gives’ reasons to everyone. We can even think of moral requirements as amounting to particularly strong or stringent reasons, in an effort to demystify deontological views like Kant’s, with its insistence on inescapable or ‘binding’ moral requirements or ‘oughts.’¹ When we say that someone morally ought not to harm others, perhaps all we are saying is that he has a certain kind of reason not to, one that wins out against any opposing reasons such as those touting benefits to him of ignoring others’ concerns

Empirically minded philosophers have raised questions about judgments and theories based on moral intuitions such as Rawls’s method of reflective equilibrium. But they work from the notion of intuitions assumed in empirical work, according to which intuitions are immediate assessments, as in psychologist Jonathan Haidt’s definition. Haidt himself regards such intuitions as an appropriate basis for moral judgment, arguing that normal agents do not reason prior to forming a judgment and afterwards just “confabulate” reasons in its defense. I argue, first, that the notion of “considered intuitive judgment” that Rawls spells out when he first presents his method is pre-theoretical, but not at all pre-reflective, in the way Haidt’s definition supposes; it may rest on various forms of reasoning short of systematic derivation from theoretical principles. I go on to take issue with Haidt’s dismissal of ex post facto moral reasoning, arguing that it can play both a causal role in an individual’s later intuitions or judgments and a legitimate normative role, as required by moral competence in judging non-taboo cases. I suggest that the move from intuition to judgment and thence to ex post facto reasoning makes sense as a justificatory version of Peircean abduction, or what is now mainly called “inference to the best explanation.”

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.

Harry Frankfurt''s early work makes an important distinction between moral responsibility and free will. Frankfurt begins by focusing on the notion of responsibility, as supplying counterexamples to the principle of alternative possibilities; he then turns to an apparently independent account of free will, in terms of his well-known hierarchy of desires. But the two notions seem to reestablish contact in Frankfurt''s later discussion of issues and cases. The present article sets up a putative Frankfurtian account of moral responsibility that involves the potential for free will, as suggested by some of Frankfurt''s later remarks about taking responsibility. While correcting what seem to be some common misinterpretations of Frankfurt''s view, the article attempts to extract some reasons for dissatisfaction with it from consideration of cases of unfreedom, particularly cases involving addiction.