Responsibility, Dysfunction and Capacity

Neuroethics (online), Vol. 1, No. 3, pp. 199-204, September 2008

6 Pages Posted: 9 Dec 2009

See all articles by Nicole A. Vincent

Nicole A. Vincent

Georgia State University; Delft University of Technology - Faculty of Technology, Policy and Management

Date Written: September 4, 2008

Abstract

The way in which we characterize the structural and functional differences between psychopath and normal brains – either as biological disorders or as mere biological differences – can influence our judgments about psychopaths’ responsibility for criminal misconduct. However, Marga Reimer (Neuroethics 1(3):198, 2008) points out that whether our characterization of these differences should be allowed to affect our judgments in this manner “is a difficult and important question that really needs to be addressed before policies regarding responsibility... can be implemented with any confidence”. This paper is an attempt to address Reimer’s difficult and important question; I argue that irrespective of which of these two characterizations is chosen, our judgments about psychopaths’ responsibility should not be affected, because responsibility hinges not on whether a particular difference is (referred to as) a disorder or not, but on how that difference affects the mental capacities required for moral agency.

Keywords: Moralresponsibility, Disorder, Disease, Dysfunction, Mental capacity, Capacity responsibility, Moral agency, Psychopathy, Legal responsibility, Criminal law

Suggested Citation

Vincent, Nicole A., Responsibility, Dysfunction and Capacity (September 4, 2008). Neuroethics (online), Vol. 1, No. 3, pp. 199-204, September 2008. Available at SSRN: https://ssrn.com/abstract=1519424

Nicole A. Vincent (Contact Author)

Georgia State University ( email )

35 Broad Street
Atlanta, GA 30303-3083
United States

HOME PAGE: http://nicolevincent.net

Delft University of Technology - Faculty of Technology, Policy and Management ( email )

P.O. Box 5015
2600 GB Delft
Netherlands
+31654363692 (Phone)

HOME PAGE: http://nicolevincent.net/

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