Psychopathy, neuroscience, and critical issues: A legal primer.

Résumé

Psychopathy occupies a pivotal yet unsettled position at the intersection of neuroscience, business ethics, and criminal jurisprudence. Despite rapid scientific advances, core uncertainties remain. This article examines five issues of immediate legal relevance: (1) the contested neurobiological basis of psychopathy; (2) reproducibility concerns linked to the broader replication crisis in psychological and neuroscientific research; (3) limitations of leading assessment instruments (e.g., PCL-R), and the risks of reifying cut-off scores; (4) accumulating evidence favouring a dimensional understanding of psychopathy- an approach which sits uneasily alongside law's often binary demands; and (5) the construct's extension into non-forensic domains, illustrated by workplace psychopathy, which raises questions about conceptual expansion beyond its clinical and correctional roots. In synthesising these literatures, the article offers guidance for courts and legal practitioners in applying current science cautiously, transparently, and accurately.