Analogous to a person who consumes intoxicants and thereby causes himself to lose his right

Moreover, in Kant’s model we find a basis for attributing unconscionably ability to the defendant even when it seems that her conscience indeed did not raise an alarm against the moral fault that lies at the basis of the claim. For we are entitled to assume (again, barring unusually complicated circumstances) that the defendant can be held responsible for actively muting the voice of her conscience. Analogous to a person who consumes intoxicants and thereby causes himself to lose his right judgement, the fault of a defendant who is implicated in unconscionable actions can sometimes be traced to the way she allowed the process of moral reasoning to fall prey to subversive psychological mechanisms like self-deception (as in ‘my emotionally frail neighbor understands very well that he just agreed to sell me his house for a cut down price’) In such cases, a reference can be made to conscience in its role as an inner censor whose job it is to cleanse moral reasoning of the sullying effects of self love. The source of fault at which the category of conscious ability points here is a failure to uncover flaws in one’s reasoning, flaws that with due diligence could have been detected and neutralist (and in that way could have opened the way for the thought that frail people may well misunderstand what they are doing).

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