Abstract
I argue that emotional sensitivity (or insensitivity) has a marked negative influence on ethical perception. Diminished capacities of ethical perception, in turn, mitigate what we are morally responsible for while lack of such capacities may altogether eradicate responsibility. Impairment in ethical perception affects responsibility by affecting either recognition of or reactivity to moral reasons. It follows that emotional insensitivity (together with its attendant impairment in ethical perception) bears saliently on moral responsibility. Since one distinguishing mark of the psychopath is emotional insensitivity, emotional insensitivity and the resulting impairment in moral perception either excuses the psychopath from moral culpability or moderates the degree to which he is culpable.
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Notes
In a recent, instructive paper, Heidi Maibom [11] argues that psychopaths are (by and large) legally responsible for their transgressions. She defends the view that the psychopath neither lacks the abilities required to acquire deep moral understanding nor suffers from a substantial impairment regarding these abilities; so the psychopath is not insane under the M’Naghten laws. Nor, she further argues, do these deficiencies exculpate under the The Model Penal Code.
Here, I use ‘moral culpability’ (and its cognates) interchangeably with ‘moral blameworthiness’ (and its cognates). I assume, as well, that moral culpability comes in degrees. I set aside the difficult issue of the precise connections, if any, between legal culpability and moral culpability.
One should guard against one’s having an ethical perception on a certain occasion and that perception’s being ethically perceptive.
Incompatibilists of a certain bent (“source incompatibilists”) may well challenge the view that ethical perception is partly within our control. They might claim that external influences on our moral development effectively put this development beyond our control: since we are not the ultimate sources or originators of any of our actions, we do not exert responsibility-relevant control over any of our actions, including those actions that would be implicated in our being indirectly responsible for our capacity of ethical perception. Here, I simply note that whether this claim is cogent depends on whether or not the source incompatibilist’s notion of being an ultimate originator is preferable to leading compatibilist notions of being such an originator (see, for example, [17]).
See, also, Blair [42].
As Blair [42] (p. 153 ) (and others, e.g., [44]) have emphasized, although psychopathy is associated with deficits in some types of emotion, it does not appear that all emotional responding is diminished. Blair [42] (p. 153) proposes that the increased risk for reactive aggression in psychopaths suggests that the propensity to anger, rather than being diminished, is augmented.
It’s worth bearing in mind the following. Glannon explains that
To say that one is impaired with respect to a particular capacity, or set of capacities, is not equivalent to saying that one lacks the relevant capacity or capacities altogether. In the absence of evidence showing that the psychopath lacks the relevant cognitive–affective capacity, and in the absence of a causal connection between genes or frontal lobe–amygdala dysfunction and behavior, at most one could argue that psychopathy warrants mitigated responsibility, not excuse or exoneration. This is not only because the empirical findings are not compelling enough to demonstrate that the psychopath completely lacks the capacity to recognize moral reasons and to be a moral agent. It is also because any consensus on what degree of brain dysfunction or genetic influence is enough for mitigation or excuse could not be reached on empirical grounds alone. It would also rely on normative considerations and reflect social factors to a considerable extent [45] (p. 161).
Moral responsibility has, minimally, epistemic, control and agency requirements. These conditions are discussed extensively in [46].
Again, depending partly on germane empirical evidence, these claims about lack of responsibility may require adjustment; perhaps the evidence might render credible the more cautious inference that the psychopath shoulders diminished responsibility. The view that lack of salience implies lack of alternative actions for the psychopath, and that it compels a certain mental orientation acquires some support from Lennart Nordenfelt’s argument [51] (pp. 182–183) that psychopaths are compelled to act and, therefore, are not responsible for their actions.
I thank Walter Glannon and an anonymous referee for this journal for their comments and suggestions. This paper was written during my tenure of a 2008-2011 Social Sciences and Humanities Research Council of Canada (SSHRC) Grant. I am most grateful to this granting agency for its support.
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Haji, I. Psychopathy, Ethical Perception, and Moral Culpability. Neuroethics 3, 135–150 (2010). https://doi.org/10.1007/s12152-009-9049-5
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DOI: https://doi.org/10.1007/s12152-009-9049-5