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Predators and Punishment

by Stephanie West Allen
June 2011

From Stephanie West Allen's blog Brains on Purpose

Stephanie West Allen

Excellent article for anyone interested in legal responsibility. Abstract:

Psychopathy is characterized as an emotional disorder tightly woven with persistent antisocial behavior. Prevailing legal doctrine and social norms hold psychopaths responsible for their conduct and punishment legitimately flows to psychopaths who violate the law. Recent scholarship, however, has challenged that view by claiming the emotional and cognitive deficits inherent in psychopathy should preclude culpability for some psychopaths. This view necessarily imposes a substantial modification on how the law conceptualizes culpability that is ultimately unwise. Legal responsibility entails the capacity for rationality and psychopaths comport with the established meanings of rationality as understood by the law and the communal intuitions which guide it. Extant scholarship indicates psychopaths are rationale agents and can be fairly subjected to punishment for conduct which violates the law. The law should reject efforts to include psychopaths within its excuse jurisprudence.

Click to download "Predators and Punishment" (Psychology, Public Policy, and Law at SSRN).

Biography


Stephanie West Allen, JD, practiced law in California for several years, held offices in local bar associations, and wrote chapters for California Continuing Education of the Bar. While in CA, Stephanie completed several five-day mediation training programs with the Center for Mediation in Law, as well as a two-year intensive with Center co-founder Gary Friedman. She has been a mediator for over two and one-half decades.

She is the author of Triversity Fantasy — Seven Keys To Unlock Prejudice, Creating Your Own Funeral or Memorial Service: A Workbook and many articles on workplace and professional issues for such publications as Lawyer Hiring and Training Report, Colorado Nurse, The Complete Lawyer, National Law Journal, Of Counsel, Law Practice and Denver Business Journal.



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Website: www.westallen.typepad.com/idealawg/

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