John Callender

This book is aimed primarily at the practitioners of morals such as psychiatrists,lawyers and policy-makers. My professional background is clinical psychiatry It is divided into three parts. The first of these provides an overview of moral theory, morality in non-human species and recent developments in neuroscience that are of relevance to moral and legal responsibility. In the second part I offer a new paradigm of free action based on the overlaps between free will, moral value and art. In the overlap between free will and moral value we find moral responsibility and moral autonomy. Free will and art share characteristics of originality, spontaneity and creativity. Art and moral value are related by way of the moral content of art and the formal similarities of moral and aesthetic judgments. In the overlap between art, free will and moral value we find religious belief, the creation of moral value and the creation of moral identity. In the third part, I discuss the application of these ideas to common clinical conditions such as eating disorders, addictions, personality disorders, post-traumatic stress disorder and the dissociative disorders. Wherever possible, I illustrate the points that are made with real-life clinical examples. I finish by considering how ideas of free will and responsibility are relevant to psychotherapy.

This paper describes the nature of aesthetic judgments and the justifications that underpin these, with a particular focus on the theory of aesthetics set out by Kant in the Critique of Judgment. It argues that judgments of self often take the form of aesthetic judgments, that such judgments are prevalent in the psychotherapeutic discourse, and that this has major implications for the type of dialogue that is required in therapy. Such a dialogue shares many of the characteristics of art criticism, but may be supported by scientific empiricism. Recent research on the interaction between emotion and cognition is reviewed and implications for therapeutic change are discussed. The paper concludes that aesthetic philosophy provides a common ground for emotion, cognition, ethics, and a sense of the meaningfulness of life.

This paper is published as part of special issue on the theme of ‘justice without retribution’. Any attempt to consider how justice may be achieved without retribution has to begin with a consideration of what we mean by justice. The most powerful pleas for justice usually come from those who feel that they have been harmed by the wrongful acts of others. This paper will explore this intuition about justice and will argue that it arises from the central importance of reciprocity, in the form of equity, balance and fairness, in human relationships. This is expressed in our image of justice, one of whose core symbols is a set of scales. I will use a clinical case to illustrate what can happen when criminal harm is not followed by any form of restitution. In this case, the punitive impulse was internalised in the victim and turned against herself in the form of deliberate self harm and, ultimately, death by suicide. I will argue that human relationships largely consist of reciprocal acts of good or harm and that we constantly strive for a balanced reciprocity in our relationships with others. This theme has been played out throughout human history in personal relationships, social customs, legal systems, religion and culture. It is also seen in higher primates. When someone is a victim of wrongful harm, there is a need to take measures to restore the balance which has been lost. I will attempt to draw a distinction between retributivism as the term is usually understood and the application of the principle of reciprocity in criminal justice. This distinction is one that has found expression in what has become known as ‘restorative justice’ as opposed to conventional justice. There are two cardinal features of restorative justice in this context. The first is that it brings offender and victim into a relationship with the aim of repairing the harm that has been caused. The second is that it gives the offender the opportunity to give something back to his victim. I will conclude that our responses to criminal wrong-doing should be based on restorative principles and that punishment can sometimes be part of the process by which moral harm is made good.