If I understand correctly, Eben sees empathy and empathic responses as one way of distinguishing between criminal/antisocial and social behavior. The ready distinction seems to be between those who feel for and can imagine the experiences of others, leading them to treat others with respect, and those who for whatever reason can't imagine the experiences of others, and so think only of their own interests and desires. But it's not always so clear: Eben points to the case of the empathic individual who nonetheless behaves antisocially, and the complex system of internal justifications this creates. Probably most people who commit crimes fall into this category.