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

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