•  316
    Author’s Reply: Negligence and Normative Import
    Criminal Law and Philosophy 16 (2): 353-371. 2022.
    In this paper we attempt to reply to the thoughtful comments made on our book, Responsible Brains, by a stellar group of scholars. Our reply focuses on two topics discussed in the commenting papers: first, the issue of responsibility for negligent behavior; and second, the broad claim that facts about brain function are normatively inert. In response to worries that our theory lacks normative implications, we will concentrate on an area where our theory has clear relevance to law and legal polic…Read more
  •  36
    Neuroscience and the Concept of Culpability
    In Encyclopedia of Behavioral Neuroscience, 2nd edition. pp. 713-718. 2022.
    Culpability lies at the heart of our moral and legal practices of blaming, censuring, and punishing. Put simply, an agent is culpable for an action if the action is wrongful and the agent is responsible for that action. This seemingly straightforward concept remains contested within philosophy and legal theory, however, especially in the relatively new fields of neuroethics and neurolaw. How to understand responsible agency, which agents are potential bearers of culpability in general—and for wh…Read more
  •  331
    US criminal courts have recently moved toward seeing juveniles as inherently less culpable than their adult counterparts, influenced by a growing mass of neuroscientific and psychological evidence. In support of this trend, this chapter argues that the criminal law’s notion of responsible agency requires both the cognitive capacity to understand one’s actions and the volitional control to conform one’s actions to legal standards. These capacities require, among other things, a minimal working se…Read more
  •  1058
    Child Soldiers, Executive Functions, and Culpability
    International Criminal Law Review 16 (2): 258-286. 2016.
    Child soldiers, who often appear to be both victims and perpetrators, present a vexing moral and legal challenge: how can we protect the rights of children while seeking justice for the victims of war crimes? There has been little stomach, either in domestic or international courts, for prosecuting child soldiers—but neither has this challenge been systematically addressed in international law. Establishing a uniform minimum age of criminal responsibility would be a major step in the right direc…Read more
  •  7
    In this chapter we will argue that the capacities necessary to moral and legal agency can be understood as executive functions in the brain. Executive functions underwrite both the cognitive and volitional capacities that give agents a fair opportunity to avoid wrongdoing: to recognize their acts as immoral and/or illegal, and to act or refrain from acting based upon this recognition. When a person’s mental illness is serious enough to cause severe disruption of executive functions, she is very …Read more
  •  43
    Pretrial Detention and Moral Agency
    In David Boonin (ed.), Palgrave Handbook of Philosophy and Public Policy, Palgrave Macmillan. pp. 11-23. 2018.
    In this chapter we explore the ethical justifications for criminal detentions prior to adjudication. Because defending pretrial detentions cannot be justified on purely forward-looking grounds, any plausible justification for pre-conviction detention must be partly backward-looking. Reflecting on the aims of the criminal law more broadly suggests that pretrial detentions, like post-conviction detentions, may be justified on “hybrid” grounds—but only if certain backward-looking retributive criter…Read more
  •  1030
    [This download includes the table of contents and chapter 1.] When we praise, blame, punish, or reward people for their actions, we are holding them responsible for what they have done. Common sense tells us that what makes human beings responsible has to do with their minds and, in particular, the relationship between their minds and their actions. Yet the empirical connection is not necessarily obvious. The “guilty mind” is a core concept of criminal law, but if a defendant on trial for murder…Read more
  •  18
    Animal Mindreading and the Principle of Conservatism
    Southern Journal of Philosophy 54 (2): 189-208. 2016.
    Skeptics about nonlinguistic mindreading often use an inferential rule of thumb—the principle of conservatism—to cast doubt on purported empirical evidence of mindreading abilities in nonlinguistic creatures. This principle, if warranted, would seem to count generally against explanatory hypotheses that posit nonlinguistic mindreading, instead favoring mere behavior-reading hypotheses. Using a test case from research with chimpanzees, I show that this principle is best understood as an appeal to…Read more