Since the 18th century, one of the key features of diagnosed psychopaths has been “moral colorblindness” or an inability to form moral judgments. However, attempts at experimentally verifying this moral incapacity have been largely unsuccessful. After reviewing the centrality of “moral colorblindness” to the study and diagnosis of psychopathy, I argue that the reason that researchers have been unable to verify that diagnosed psychopaths have an inability to make moral judgments is because their research is premised on the assumption that (...) there is a specific moral faculty of the brain, or specific “moral” emotions, and that this faculty or set of emotions can become “impaired”. I review recent research and argue that we have good reason to think that there is no such distinct capacity for moral judgment, and that, as a result, it is impossible for someone’s “moral judgment faculty” to become selectively disabled. I then discuss the implications of such a position on psychopathy research, the coherence of the disorder, and the moral responsibility of psychopaths. (shrink)

Recent contributions in moral philosophy have raised questions concerning the prevalent assumption that moral judgments are typologically discrete, and thereby distinct from ordinary and/or other types of judgments. This paper adds to this discourse, surveying how attempts at defining what makes moral judgments distinct have serious shortcomings, and it is argued that any typological definition is likely to fail due to certain questionable assumptions about the nature of judgment itself. The paper concludes by raising questions for future investigations into the (...) nature of moral judgment. (shrink)

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. (shrink)