University of Pennsylvania Carey Law School Penn Law: Legal Scholarship Repository Faculty Scholarship at Penn Law 1996 Brain and Blame Stephen J. Morse University of Pennsylvania Carey Law School Follow this and additional works at: https://scholarship.law.upenn.edu/faculty_scholarship Part of the Criminal Law Commons, Ethics and Political Philosophy Commons, Legal History Commons, Mental Disorders Commons, Nervous System Diseases Commons, Neurology Commons, Philosophy of Mind Commons, and the Psychological Phenomena and Processes Commons Repository Citation Morse, Stephen J., "Brain and Blame" (1996). Faculty Scholarship at Penn Law. 885. https://scholarship.law.upenn.edu/faculty_scholarship/885 This Article is brought to you for free and open access by Penn Law: Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship at Penn Law by an authorized administrator of Penn Law: Legal Scholarship Repository. For more information, please contact
[email protected]. Brain and BRame STEPHEN J. MORSE* l. INTRODUCTION The discovery of biological pathology that may be associated with criminal behavior lures many people to treat the offender as purely a mechanism and the offensive conduct as simply the movements of a biological organism. Because mechanisms and their movements are not appropriate objects of moral and legal blame, the inevitable conclusion seems to be that the offender should not be held legally responsible. I suggest in contrast that abnormal biological causes of behavior are not grounds per se to excuse. Causation is not an excuse and, even within a more sophisticated theory of excuse, pathology will usually play a limited role in supporting an individual excuse.