Luca Malatesti

This Element offers a framework for exploring the methodological challenges of neuroethics. The aim is to provide a roadmap for the methodological assumptions, and related pitfalls, involved in the interdisciplinary investigation of the ethical and legal implications of neuroscientific research and technology. It illustrates these points via the debate about the ethical and legal responsibility of psychopaths. Argument and the conceptual analysis of normative concepts such as 'personhood' or 'human agency' is central to neuroethics. This Element discusses different approaches to establishing norms and principles that regulate the practices addressed by neuroethics and that involve the use of such concepts. How to characterize the psychological features central to neuroethics, such as autonomy, consent, moral understanding, moral motivation, and control is a methodological challenge. In addition, there are epistemic challenges when determining the validity of neuroscientific evidence.

Gorući i težak praktički problem vezan je uz opće pitanje ispravnog društvenog odgovora na prijestupnike klasificirane kao osobe s antisocijalnim poremećajem ličnosti. Članak prilazi ovom općem problemu fokusirajući se, iz filozofske perspektive, na još uvijek važno ali lakše dohvatljivo pitanje jesu li psihopatski prijestupnici moralno odgovorni. Posebno se istražuje imaju li psihopati mogućnost moralnog razumijevanja. Vjerodostojni pristup posljednjem pitanju zahtijeva zadovoljavajuću filozofsku interpretaciju empirijskog dokaza koji pokazuje da psihopati ne uspijevaju naći razliku između konvencionalnih i moralnih normi. Preciznije, uzet ću u obzir nedavnu filozofsku raspravu polariziranu između pobornika racionalističkog i sentimentalističkog objašnjenja moralnog razumijevanja. Ovi su suparnici otvorili raspravu nudi li slučaj psihopatije empirijsku potporu za njihovo objašnjenje i potkopava suparnički pogled. U radu tvrdim da dostupni empirijski podaci ostavljaju ishod ove rasprave neodlučenim. To implicira da bi obje teorije moralnog razumijevanja, ako su neovisno motivirane, uzele u obzir psihopate kao osobe koje imaju određene nedostatke koje bi mogle utjecati na njihovo moralno razumijevanje a stoga i na njihovu moralnu odgovornost

A pressing and difficult practical problem concerns the general issue of the right social response to offenders classified as having antisocial personality disorder. This paper approaches this general problem by focusing, from a philosophical perspective, on the still relevant but more approachable question whether psychopathic offenders are morally responsible. In particular, I investigate whether psychopaths possess moral understanding. A plausible way to approach the last question requires a satisfactory philosophical interpretation of the empirical evidence that appears to show that psychopaths fail to draw the distinction between conventional and moral norms. Specifically, I will consider a recent philosophical debate polarized between supporters of rationalist and sentimentalist accounts of moral understanding. These opponents have discussed whether the case of psychopathy offers empirical support for their account and undermine the rival view. I will argue that the available empirical data leave the outcome of this discussion indeterminate. However, this implies that both these principal theories of moral understanding, if independently motivated, would imply that psychopaths have certain deficits that might affect their moral understanding and, consequently, their moral 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.

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.

This paper investigates, from a philosophical perspective, whether high functioning autists are legally responsible for the crimes they may commit. We do this from the perspective of the Croatian legal system. According to Croatian Criminal Law, but also criminal laws adopted in many other countries, the legal responsibility of the person is undermined due to insanity when two conditions are satisfied. The first may be called the incapacity requirement. It states that a person, when committing the crime, suffers cognitive or volitional incapacities or limited capacities that are relevant for exculpation. The second, we may call the mental disorder requirement, which states that these exculpatory incapacities are due to the presence of a mental disorder. In this paper we focus on the incapacity requirement. The review of the studies on executive functions deficits associated with high-functioning autism suggests that many autists should not be held categorically responsible for the crimes they may commit. Nonetheless, we argue that these impairments in executive functions generally do not provide an unqualified excuse.

In this chapter, we investigate whether psychopathy is a mental disorder. We argue that addressing this question requires engaging, at least, with three principal issues that have conceptual, empirical, and normative dimensions. First, it must be established whether current measures of psychopathy individuate a unitary class of individuals. By this we mean that persons classifed as psychopaths should share some relevant similarities that support explanation, prediction, and treatment. Second, it must be proven that psychopathy harms the person who has it. Third, it must be established that the harm associated with psychopathy is relevant for the ascription of disorder status. Regarding this latter issue, we argue that psychopathy should be considered a disorder if its harmfulness derives from certain incapacities or limited capacities. These incapacities should affect basic competences that are justifably required for conducting a preferable type of life. Within this framework, we tentatively advance the hypothesis that some normatively justifed conclusions and empirical evidence about psychopathy, that needs nonetheless to be further investigated, might support the claim that people with psychopathy have a mental disorder.

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.

This book explains the ethical and conceptual tensions in the use of psychopathy in different countries, including America, Canada, the UK, Croatia, Australia, and New Zealand. It offers an extensive critical analysis of how psychopathy functions within institutional and social contexts. Inside, readers will find innovative interdisciplinary analysis, written by leading international experts. The chapters explore how different countries have used this diagnosis. A central concern is whether psychopathy is a mental disorder, and this has a bearing upon whether it should be used. The book’s case studies will help readers understand the problems associated with psychopathy. Academics and students working in the philosophy of psychiatry, bioethics, and moral psychology will find it a valuable resource. In addition, it will also appeal to mental health professionals working in forensic settings, psychologists with an interest in the ethical implications of the use of psychopathy as a construct and particularly those with a research interest in it.

The recurring claim that the construct of psychopathy is value laden often is not qualified in enough detail. The chapters in this part of the volume, instead, investigate in depth the role and significance of values in different aspects of the construct of psychopathy. Following these chapters, but also by offering a background to them, we show how certain values are involved in the characterisation of psychopathy, inform societal needs satisfied by this construct, and have a central role in determining whether psychopathy is a mental disorder. Moreover, we relate this description to our criticism of the view that the entrenchment of the notion of psychopathy with values in principle renders it irreconcilable with sound psychiatric theory and practice. However, we also recognize that the value-ladenness of psychopathy leaves open other important challenges. Meeting them needs addressing interdisciplinary interrelated issues that have empirical, normative, and theoretical dimensions.

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.

Recently, Matt King and Peter Carruthers have argued that the Real Self accounts of moral responsibility or autonomy are under pressure because they rely on a questionable conception of self-knowledge of propositional attitudes, such as beliefs and desires. In fact, they defend, as a plausible assumption, the claim that transparent self-knowledge of propositional attitudes is incompatible with mounting evidence in the cognitive sciences. In this chapter, we respond to this line of argument. We describe the types of self-knowledge that might plausibly be involved, as psychological prerequisites, in the processes of identification and integration that lead to the constitution of the real self of an agent. We argue that these forms of self- knowledge do not require the type of transparent knowledge of propositional attitudes that, according to King and Carruthers, is incompatible with the results of contemporary cognitive science.

Recently there has been a trend of moving towards biological and neurocognitive based classifications of mental disorders that is motivated by a dissatisfaction with the syndrome-based classifications of mental disorders. The Research Domain Criteria (indicated with the acronym RDoC) represents a bold and systematic attempt to foster this advancement. However, RDoC faces theoretical and conceptual issues that need to be addressed. Some of these difficulties emerge when we reflect on the plausible reading of the slogan “mental disorders are brain disorders”, that according to proponents of RDoC constitutes one of its main presuppositions. Some authors think that endorsing this idea commits RDoC to a form of biological reductionism. We offer empirical and theoretical considerations for concluding that the slogan above should not be read as a reductionist thesis. We argue, instead, that the slogan has a pragmatic function whose aim is to direct research in psychopathology. We show how this function might be captured in the framework of a Carnapian explication as a methodological tool for conceptual engineering. Thus, we argue that a charitable interpretation of the aims of the proponents of RDoC should be understood as an attempt at providing an explication of the concept of mental disorder in terms of brain disorder whose main goal is to provide a more precise and fruitful notion that is expected to have a beneficial impact on classification, research, and treatment of psychiatric conditions.

In this paper we aim to offer a balanced argument to motivate (re)thinking about the mental illness clause within the insanity defence. This is the clause that states that mental illness should have a relevant causal or explanatory role for the presence of the incapacities or limited capacities that are covered by this defence. We offer three main considerations showing the important legal and epistemological roles that the mental illness clause plays in the evaluation of legal responsibility. Although we acknowledge that these advantages could be preserved without having this clause explicitly stated in the law, we resist proposals that deny the importance of mental illness in exculpation. We argue, thus, that any attempt at removing the mental illness clause from legal formulations of the insanity defence should offer alternative ways of keeping in place these advantages.

Effective and specifically targeted social and therapeutic responses for antisocial personality disorders and psychopathy are scarce. Some authors maintain that this scarcity should be overcome by revising current syndrome - based classifications of these conditions and devising better biocognitive classifications of antisocial individuals. The inspiration for the latter classifications has been embedded in the Research domain criteria approach (RDoC). RDoC - type approaches to psychiatric research aim at transforming diagnosis, provide valid measures of disorders, aid clinical practice, and improve health outcomes by integrating the data on the genetic, neural, cognitive, and affective systems underlying psychiatric conditions. In the first part of the paper, we discuss the benefits of such approaches in comparison to the dominant syndrome-based ones and review recent attempts at building biocognitive classifications of antisocial individuals. Other researchers, how ever, have objected that biocognitive approaches in psychiatry are committed to an untenable form of explanatory.

Psychopaths have emotional and rational impairments that can be expressed in persistent criminal behaviour. UK and US law has not traditionally excused disordered individuals for their crimes citing these impairments as a cause for their criminal behaviour. Until now, the discussion of whether psychopaths are morally responsible for their behaviour has usually taken place in the realm of philosophy. However, in recent years, this debate has been informed by scientific and psychiatric advancements, fundamentally so with the development of Robert Hare's diagnostic tool, the Psychopathy Checklist. Responsibility and Psychopathy explores the moral responsibility of psychopaths. It engages with problems at the interface between law, psychiatry, and philosophy, and is divided into three parts offering relevant interdisciplinary background information to address this main problem. The first part discusses the public policy and legal responses to psychopathy. It offers an introduction to the central practical issue of how public policy should respond to psychopathy, providing insights for those arguing about the responsibility of psychopaths. The second part introduces recent scientific advancements in the classification, description, explanation, and treatment of psychopathy. The third part of the volume includes chapters covering the most significant dimensions of philosophical debate on the moral and criminal responsibility of psychopaths.

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.

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.

It has been argued that a biomarker-informed classification system for antisocial individuals has the potential to overcome many obstacles in current conceptualizations of forensic and psychiatric constructs and promises better targeted treatments. However, some have expressed ethical worries about the social impact of the use of biological information for classification. Many have discussed the ethical and legal issues related to possibilities of using biomarkers for predicting antisocial behaviour. We argue that prediction should not raise the most pressing ethical worries. Instead, issues connected with ‘biologisation’, such as stigmatization and negative effects on self-image, need more consideration. However, we conclude that also in this respect there are no principled ethical objections against the use of biomarkers to guide classification and treatment of adult antisocial individuals.

Physicalism in philosophy of mind is the doctrine that mental states and processes, if they are something, are physical states and processes. Notoriously, Frank Jackson has attacked physicalism with the knowledge argument. This paper does not consider whether the knowledge argument is successful. Instead, the author argues that the ability reply to the knowledge argument fails. The central assumption of this objection is that Mary, by having colour experiences, acquires a set of abilities rather than new beliefs as required by the knowledge argument. Against the ability reply, it is maintained that Mary on her release acquires new beliefs about objects looking the same colour. As a preliminary, it is shown, against an important criticism of the knowledge argument, that we can make sense of what Mary knows about colour experience when in the black-and-white laboratory.

Dominic Murphy in several influential publications has formulated and defended what he calls the strong medical model of mental illness. At the core of this project is the objectivist requirement of classifying mental illness in terms of their aetiologies, preferably characterised by multilevel mechanistic explanations of dysfunctions in neurocomputational processes. We are sympathetic to this project and we devise an argument to support it based on a conception of psychiatric kinds. Murphy has, moreover, maintained that there are some open issues concerning the applicability of his program to antisocial personality disorders and psychopathy. We argue that, as a matter of fact, there are already plausible and well-motivated classificatory proposals for these types of disorders that accommodate well within Murphy's strong medical model.

Frank Jackson’s knowledge argument is a very influential piece of reasoning that seeks to show that colour experiences constitute an insoluble problem for science. This argument is based on a thought experiment concerning Mary. She is a vision scientist who has complete scientific knowledge of colours and colour vision but has never had colour experiences. According to Jackson, upon seeing coloured objects, Mary acquires new knowledge that escapes her complete scientific knowledge. He concludes that there are facts concerning colour experiences that scientific knowledge can neither describe nor explain. Specifically, these facts involve the occurrence of certain non-physical properties of experiences that he calls qualia. The present research considers whether a plausible formulation of the hypothesis that science can accommodate colour experiences is threatened by a version of the knowledge argument. The specific formulation of this problem has two motivations. Firstly, before investigating whether the knowledge argument raises a problem for the claim that science can account for colour experiences, we need a plausible formulation of this claim. I argue that the idea that science can accommodate colour experiences can be formulated as the modest reductionism hypothesis. Roughly speaking, this is the hypothesis that a science that can be explanatory interfaced with current physics of ordinary matter can account for conscious experiences. Secondly, an unintelligible premise figures in Jackson’s version the knowledge argument. Namely, it is assumed that Mary possesses a complete scientific knowledge. Nevertheless, the type of strategy involved in Jackson’s argument can be used to target modest reductionism. By considering contemporary psychophysics and neuroscience, I characterise Mary’s scientific knowledge. First, this characterisation is intelligible. In fact, it is elaborated on the basis of descriptions and explanations of colour experiences involved in current physics and neuroscience. Second, a supporter of modest reductionism can assume that the scientific knowledge ascribed to Mary might account for colour experiences. The main conclusion of the present research is that our version of the knowledge argument fails to threaten the modest reductionism hypothesis. In fact, I endorse what can be called the “two ways of thinking” reply to the knowledge argument. According to this response, the knowledge argument shows that there are different ways of thinking about colour experiences. One way of thinking is provided by scientific knowledge. The other way of thinking is provided by our ordinary conception of colour experiences. However, the existence of these two ways of thinking does not imply the existence of facts and properties that escape scientific knowledge. It might be the case that the ordinary way of thinking about colour experience concerns facts and properties described and explained by science. The principal conclusion of the research results from two investigations. The first line of research aims to reveal and evaluate the implicit assumptions that figure in the knowledge argument. The main body of the research is dedicated to this task. The principal result of this investigation is that the knowledge argument must rely on an account of introspective knowledge of colour experiences. I argue that an inferential model of introspection provides such account. On this model, Mary’s capacity to hold beliefs about her colour experiences when she sees coloured objects requires her mastery of colour concepts. The second main investigation seeks to justify the two ways of thinking strategy. As many opponents and supporters have recently started to realise, this strategy might be charged with being ad hoc. I offer a distinctive justification of this reply to the knowledge argument. Assuming the account of introspection mentioned above, the existence of visual recognitional colour concepts might justify this strategy. A person possesses these concepts when she is able to determine the colours of objects simply by having visual experiences