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The Impact of Theory of Mind Over Ethics and Law; Few Arguments

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The Impact of Theory of Mind Over Ethics and Law; Few Arguments WLC 2016 : World LUMEN Congress. Logos Universality Mentality Education Novelty 2016 | LUMEN 15th Anniversary Edition The Impact of Theory of Mind over Ethics and Law; Few Arguments Viorel Rotilăa* * Corresponding author: Viorel Rotilă, [email protected] aAssociate Professor PhD, „Dunarea de Jos” University Galati, Galati, Romania, [email protected], 0040721246491 Abstract http://dx.doi.org/10.15405/epsbs.2016.09.104 Due to the situation in a social context, the theory of mind (ToM) has inevitably moral coordinates. Even if it is formatted in the context of evolution, having the character of a survival strategy, it is shaped by ethical vectors as well. In Law there are two institutions whose existence is based on a ToM: negligence and intention and in both cases operated the presumption of the ability to know what was in the mind of the person at the time of committing an illegal act or of the intent of this type. Both situations presume the ability of an adequate ToM capable of understanding a person's mental states. The demonstration of ToM legal role is the proof of its moral role; the discussions about the ToM have significant consequences for ethics. If we admit that ethics is based on the ToM as a mediator of relations with the other, we can consider that the space of ethics is open by every appeal to a ToM. If we accept the access in varying degrees to an adequate ToM and if we also accept the role of the ToM in the knowledge and moral behaviour, then the access to the theory of mind becomes an important variable for morality. If the access to an adequate ToM is dependent on the cognitive abilities and if the competence in the development of the ToM has a significant impact on moral behaviour, the cognitive development is an essential variable of moral competence. © 2016 Published by Future Academy www.FutureAcademy.org.uk Keywords: Theory of mind; ethics; moral knowledge; law; consciousness. This is an Open Access article distributed under the terms of the Creative Commons Attribution-Noncommercial 4.0 Unported License, permitting all non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited. eISSN: 2357-1330 Selection and peer-review u nder responsibility of the Organizing C ommittee of the conference 1. Introduction While the social is impossible without the ethical norms that regulate its activity and the theory of mind belongs to the social region of human existence than the theory of mind enters necessarily in relation to the ethical dimension. Which means that we must take into account both the fact that the theory of mind includes moral coordinates and the idea of a dependence of the moral values on the theory of mind structures. Another argument for the relevance of this approach may have the following structure: if the theory of mind is a social integrator when there is an obvious overlap of it with the moral theory. In other words, any theory of mind takes place in a moral context. Even if we think it in the context of evolution, having the character of a survival strategy, the theory of mind appears to be modelled by ethical vectors due to its membership to the social field. (The ethical vectors are different from the values of evolution? After all, survival and perpetuation are ethic poles simultaneously. A comparative analysis of possible ways of articulation of these evolutionary values with various ethical systems could help to clarify this report.) Its structure contains alike, all genetic factors (largely visible in the form of affective moods) and the cultural ones, acquired after the learning conducted in a social environment. Research tends to focus on the contribution of the theory of mind to the fineness analyses from law and morale areas, indispensable to justice and moral behaviour as well. We wanted to put into question the extent to which any differences in capacity / competence specific to the theory of the mind generates significant differences in moral behaviour area. For example, the ability to think about the thoughts of others with a reasonable level of adequacy to them is not a responsibility shared equally, the most obvious evidence being the different relation to social integration. The variability of the level of social integration, to the extent that is dependent on the differences arising in the structuring of the theory of mind, tends to turn the theory of mind into a fruitful direction for ethic research. In a general approach, we can analyze both the fact that our inability on the realm of theory of mind may generate ethically inadequate behaviours and that our ability to understand other minds, which we call theory of mind, may be located in a virtuous circle with our ability to socialize, supporting each other. In summary form, the theory of mind is an important factor of socialization (and is also a result of it), which seems to maintain complex relationships with vectors specific to the ethical dimension of existence. One of the directions of incident query here is the ability to speak of finesse moral distinctions introduced for a better functioning of the society, but which call for special moral skills that exceed average capacities, visible within the theory of mind. 1.1. Levels of indeterminacy In order to clarify the impact that the theory of mind has on ethics it is useful to first determine whether the theory of mind is related to the theory of knowledge or to the theory of behaviour. In the first instance, we can find that the answer to that question is determined by indicating the appropriate solution to another interrogation: Is there a theory of behaviour outside one of knowledge? Many new solutions are possible, and we shall analyze two of them: 823 http://dx.doi.org/10.15405/epsbs.2016.09.104 eISSN: 2357-1330 / C orresponding Author: Viorel Rotilă Selection and peer-review under responsibility of the Organizing C ommittee of the conference - By itself, the term theory tends to suggest that there is a separation from reality, its relationship with the concrete being structured more on the probability of the form: some theories may be rooted in reality / may have an impact on reality, while others remain mere unfounded assumptions. Noting that this is especially the case of scientific theories, we believe that the ontological status of the theory is sliced by the results of its verification. One of the epistemological solutions (with a relevant degree of public acceptance), however, suggests that, in terms of verification, the essence of the relationship between scientific theories and their confirmation is rather a form of indeterminacy: they have not been refuted yet. - A theory refers inevitably to the attempts in the area of knowledge. Which means that talking about a theory of behaviour refers to the attempts to know it (in its depth), keeping us close to the level of indeterminacy specific to scientific theories. We still see that we must take into account an additional degree of indeterminacy. Discussions on this area seem to have a very limited scope in terms of their goals; talking about the theory of behaviour tends to appear as something useless. However, the whole area of social life rules in their various familiar forms - ethics, law, moral - and often difficult to differentiate between them, includes theories of behaviour, most with quite strong practical consequences, based on social decision. Thus, we suggest that there is another face of the theory, fully applicable to behaviour, the existence of which depends not upon its confirmation by experiment, but on political decisions. We are, therefore, in the area with a high degree of indeterminacy of social theories or social sciences. Which means, in a certain way, that in this space, we will analyze the relationship between theory of mind and social theories, keeping the indeterminacy dimension specific to each of them. 2. The link between theory of mind and ethics; some arguments First of all, we shall mention impromptu, that experimental results tend to justify such a link. For example, children who have not passed the test of false beliefs are more likely to punish someone who is accidentally wrong (Killen et al., 2011). The authors have created such a research indicator in the field: morally-relevant false belief theory of mind (Motomit). The simple variability based on age of the ability to have a theory of mind is likely to indicate differences in moral competence based on this variable. For now the age between 3 and 4 years old is accepted as significant threshold for the theory of mind. The moral and legal responsibility structuring suggests that this threshold identification does not result in a significant change in the moral competence of the person area. It remains to be determined whether the legal age of majority has a significant connection with changes of the ability to have a theory of mind at this age. If the access to an adequate theory of mind is dependent on the intellectual capacity and if moral behaviour depends, in turn, on the intellectual capacity, the ability to formulate theories of the mind has an obvious influence on proper moral behaviour. It is clear that the theory of mind may constitute relevant variables for ethical research. The argument may have the following structure: if we accept access in varying degrees in case of different individuals to an appropriate theory of mind and if we also accept the role of theory of mind in knowledge and moral behaviour, the theory of mind also becomes an important variable for morality. 824 eISSN: 2357-1330 Selection and peer-review under responsibility of the Organizing C ommittee of the conference If the theory of mind is important for morality than the issue of free choice somehow moves to the freedom to choose one or another of the theories of mind under the sign of which we place the encountered persons.
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