The Situationist

Posts Tagged ‘responsibility’

The Situation of Criminal Blaming

Posted by The Situationist Staff on May 20, 2011

Janice Nadler and  Mary-Hunter McDonnell recently posted their paper, “Moral Character, Motive, and the Psychology of Blame” (forthcoming Cornell Law Review) on SSRN.  Here’s the abstract.

Blameworthiness, in the criminal law context, is conceived as the carefully calculated end product of discrete judgments about a transgressor’s intentionality, causal proximity to harm, and the harm’s foreseeability. Research in social psychology, on the other hand, suggests that blaming is often intuitive and automatic, driven by a natural impulsive desire to express and defend social values and expectations. The motivational processes that underlie psychological blame suggest that judgments of legal blame are influenced by factors the law does not always explicitly recognize or encourage. In this Article we focus on two highly related motivational processes – the desire to blame bad people and the desire to blame people whose motive for acting was bad. We report three original experiments that suggest that an actor’s bad motive and bad moral character can increase not only perceived blame and responsibility, but also perceived causal influence and intentionality. We show that people are motivated to think of an action as blameworthy, causal, and intentional when they are confronted with a person who they think has a bad character, even when the character information is totally unrelated to the action under scrutiny. We discuss implications for doctrines of mens rea definitions, felony murder, inchoate crimes, rules of evidence, and proximate cause.

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Download the paper free here.

Related Situationist posts:

Posted in Law, Legal Theory, Morality | Tagged: , , , , , | Leave a Comment »

Dan Dennett at Harvard Law on “Free Will, Responsibility, and the Brain”

Posted by The Situationist Staff on September 30, 2010

From The Crimson:

Tufts University professor Daniel C. Dennett discussed the ways in which neuroscience may impact human understanding of moral and legal responsibility to an overflowing audience in Pound Hall at Harvard Law School yesterday.

The event, titled “Free Will, Responsibility, and the Brain,” was sponsored by the Law School’s Student Association for Law and Mind Sciences (SALMS), and began with a Dilbert comic strip depicting free will as an ambiguous concept.

“It does justice to our common sense thinking about free will,” he said of the comic strip.

Dennett, who co-directs the Tufts University Center for Cognitive Studies, is best known for his arguments that human consciousness and free will are the result of physical processes in the brain.

Early in the talk, Dennett asked the audience to flick their right wrists in the next ten seconds, explaining that their brains decided to perform the action a third of second before it actually occurred.

The experiment showed, he said, that unconscious action of the brain precedes the conscious action of an individual.

“Your conscious is out of the loop,” he said. “A voluntary act begins in the brain unconsciously before the person acts consciously.”

Yet Dennett said that the last minute “veto window,” also known as “free won’t,” allows conscious function to affect the final outcome.

Through the discussion, Dennett said he hoped to figure out how to undo the misunderstandings surrounding neuroscience’s implications on human responsibility.

He mentioned the common belief that determinism is incompatible with free will, but quickly dismissed it as a mistake.

The talk was intended to pique interest in understanding the human animal, in accordance with SALMS’s efforts to expose the Law School community to research and concepts from psychology, neuroscience, and other mind sciences, said SALMS President Matthew B. McFeely.

“I hope that attendees of the talk were encouraged to examine a little closer some of commonly held assumptions about people and their behavior,” McFeely said.

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The video of Dan Dennett’s talk will be made available on the PLMS website and The Situationist in November.

For a sample of related Situationist posts, see “Interview with Professor Joshua Greene,”Daniel Dennett on the Situation of our Brain,” Dan Dennett on our Interior Situation,” Bargh and Baumeister and the Free Will Debate,” “Bargh and Baumeister and the Free Will Debate – Part II,” “The Death of Free Will and the Rise of Cheating,” Clarence Darrow on the Situation of Crime and Criminals,” “Person X Situation X System Dynamics,” “Situation” Trumps “Disposition” – Part I & Part II,” “The (Unconscious) Situation of our Consciousness – Part I, Part II, Part III, & Part IV and “Coalition of the Will-less.”

Posted in Choice Myth, Philosophy | Tagged: , , | 1 Comment »

The Neuro-Situation of Responsibility

Posted by The Situationist Staff on February 27, 2010

Nicole Vincent recently posted her interesting paper, “Neuroimaging and Responsibility Assessments” on SSRN.  Here’s the abstract.

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Could neuroimaging evidence help us to assess the degree of a person’s responsibility for a crime which we know that they committed? This essay defends an affirmative answer to this question. A range of standard objections to this high-tech approach to assessing people’s responsibility is considered and then set aside, but I also bring to light and then reject a novel objection — an objection which is only encountered when functional (rather than structural) neuroimaging is used to assess people’s responsibility.

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Download the paper for free here.   To read a sample of related Situationist posts see, Your Brain and Morality,” “Law & the Brain, The Science of Morality,” “Attributing Blame — from the Baseball Diamond to the War on Terror,” “David Vitter, Eliot Spitzer, John Edwards, Jon Ensign, and Now Mark Sanford: The Disposition Is Weaker than the Situation,” and “The Need for a Situationist Morality.”

Posted in Abstracts, Law, Neuroscience | Tagged: , , | Leave a Comment »

 
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