Derk Pereboom has posed an empirical objection to agent-causal libertarianism: The best empirically confirmed scientific theories feature physical laws predicting no long-run deviations from fixed conditional frequencies that govern events. If agent-causal libertarianism were true, however, then it would be virtually certain, absent ‘wild coincidences’, that such long-run deviations would occur. So, current empirical evidence makes agent-causal libertarianism unlikely. This paper formulates Pereboom’s ‘Problem of Wild Coincidences’ as a five-step argument and considers two recent responses. Then, it offers a different (...) response: The Problem of Wild Coincidences does not show that current empirical evidence makes agent-causal libertarianism unlikely, even if all events are governed by physical laws featuring fixed long-run conditional frequencies and even if agents can ‘overrule’ normal physical laws. (shrink)

One aspiration of an analytic jurisprudential theory is to provide an account of how legal obligations arise, including the legal obligation of judges to apply only legally valid norms when adjudicating cases. Also, any fully adequate theory should enable a solution to a ‘chicken-egg’ puzzle regarding legal authority: legal authority can exist only in virtue of rules that authorize it, but such rules require a legal authority as their source. Which came first? This article argues that it is difficult to (...) see how a particular type of positivist theory (featuring a fundamental norm that plays certain roles) can solve the puzzle and also account for the aforementioned adjudicative duty. The challenge can be framed in terms of the need to be able to derive a legal ‘ought’ (applying to courts) from only ‘is’-statements expressing social facts, where the requisite derivation cannot rely on what John Searle has called ‘institutional facts’. (shrink)

Because an agent’s constitutive luck may seem to preclude free will, it may seem to preclude moral responsibility. An agent is basically morally responsible for performing actionAat timetonly if there is another possible world with the same past up totand the same laws of nature in which the agent does not performAatt. A compatibilist can solve the constitutive luck problem for moral responsibility without worrying about basic moral responsibility. According to compatibilism, if determinism is true, then agents can be morally (...) responsible for performing actions without being basically morally responsible for performing them. But a libertarian who thinks agents can be basically morally responsible for what they do must explain how basic moral responsibility is possible. ACT-endorsing libertarianism can both solve the constitutive luck problem for moral responsibility and explain how agents can be basically morally responsible for what they do. (shrink)

The original article has been corrected. Figures 1 and 2 have been replaced. During typesetting of the article, one of the five steps in section 4 was removed.